Commission on Disability (KND), yet Komnas HAM criticized the independence of KND since it
operates under the Ministry of Social Affairs. The establishment of an independent commission
is critical considering that disability matters are a concern of all ministries and state institutions,
including regional governments. However, it will be very difficult for the Commission to monitor
the implementation of persons with disabilities’ rights if they operate under the Ministry that a
part of the government itself.
Recommendation: Review and revise Presidential Regulation Number 68 of 2020 on National
Commission on Disability (KND).
5.
Inhuman Degrading treatment, Habilitation and Rehabilitation, Komnas HAM deems it
necessary to raise this issue, in particular for those who belong to the psychosocial mental
disability group. Komnas HAM’s field study in 2016 found that in regions where cultural values
are deeply rooted in social lives, people with mental disabilities have always been severely
stigmatized as they are a cursed one, a disgrace to the family, possessed by evil spirits, or harmful
them like they need to be excluded of the community. The lack of understanding among the
community and their family has resulted in people with mental disabilities being hidden away
and even receiving degrading treatments from their own families including shackled. Due to the
lack of understanding of the community and the dominating of stigma to persons with mental
disability, and inaccessible mental health services, people tend to seek alternative treatments
available. This gave way to the rise of privately managed social rehabilitation centers, operating
without any proper government oversight.
6.
There are regulations to stop shackling as GoI’s reply to the List of Issue, yet they are do
not implemented well, including the Shackling Free Program that seems does not run with human
rights approach. The program’s objective is to release the shackling victims and refer them to the
mental health hospital or social rehabilitation services which are run without human rights
approach, some of them still use shackling as a part of their treatment. Komnas HAM identified
the absence of a strong / mechanism to ensure the management of social institutions, both from
the central and local governments, has caused the management of many institutions to be
Indonesia – Komnas HAM to Committee of CRPD – 16 August 2022 – Page 3