Komnas HAM, Indonesia UNCRPD Written Contribution
problems are rooted from the complicated access to justice, which comes in non-uniform
patterns and forms.
List of Issues
1. How does the government encourage the establishment of a special procedural
law to accommodate persons with disabilities?
2. How can the government ensure that technical regulations regarding proper
accommodation in the judicial process are formulated and implemented properly?
Article 15 Freedom from Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
34. In 2016, Komnas HAM found as many as 20 persons with mental disabilities (PMD)
who were shackled by their families in the provinces of East Java, West Java, South
Sulawesi, Bali, and Banten. The commission’s observation found that the community in
the said 5 provinces still associated PMDs with a curse, a disgrace to one’s family,
possession of evil spirits, and harmful individuals who need to be shunned and exiled.19
This is compounded by the shortage of mental health workers and disproportionate
mental health services in Indonesia.20
35. In 2017, Komnas HAM conducted another series of observations of private
rehabilitation centres in Central Java and Yogyakarta. The commission visited six social
rehabilitation centres and found that the rehabilitation centres were established under
different institutional structures, which include Islamic boarding school (pesantren),
19
20
Data of Basic Health Research 2018 shows that the prevalence of schizophrenia/psychosis is 7 per mil,
which means that 7 of every 1000 people in Indonesia are affected by mental disorders. The data also shows
significant increase compared to the 2013 Basic Health Research that noted the prevalence of 1.7 per mil. The
proportion of households that shackle their family members with mental disorders stands at 14% and the
proportion of households that exercise shackling in the past three months is 31.5%. Resource:
http://labdata.litbang.depkes.go.id/ccount/click.php?id=19 | there are only 600-800 psychiatrists (1 : 300.000 –
400.000)
and
1,700
clinical
psychologists
who
are concentrated in Java. Source:
https://tirto.id/defisit-psikiater-dan-psikolog-sebarannya-terpusat-di-jawa-dpk2
18