Komnas HAM, Indonesia UNCRPD Written Contribution
1. How does the government ensure that Regulation of the Minister of
Transportation No. 98 of 2017 is implemented by all state and private public
service companies all over Indonesia?
2. Is there a mechanism for the supervision, evaluation, and giving sanctions for
violators of the regulation?
3. How can the government ensure that public services – from big cities to remote
and underdeveloped regions – are easily accessible to all persons with
disabilities?
Article 12 Recognition of Equality before the Law
28. In response to Paragraph 59 of the Government Report, Komnas HAM appreciates that
the government recognizes the legal rights of persons with disabilities to get equal
access to banking services. However, the government's initiative to sign memorandums
of understanding with some of the largest banks in Indonesia have not been followed by
operational implementation. Several cases of refusal by banks are still reported by
persons with disabilities to gain access to banking services. One of the reports received
by Komnas HAM came from a visually-impaired person who was denied the access to
customer service at one of the branches of BRI Bank in Bandung, West Java. The latest
reported case took place in December 2019 when a person with disability was not
allowed to use both the ATM and access to mobile banking services.14
29. In the criminal justice system, cases that involved persons with disabilities are often
settled out of court due to the stigma that persons with disabilities are legally
incapacitated, an idea that is often supported even by their families. This is exacerbated
by inadequate understanding of law enforcement officers who, on numerous occasions,
deny the testimony of persons with disabilities. Someone’s disability would often make
their testimony either as a victim or a witness in a case inadmissible, therefore resulting
in the case being dismissed due to insufficient evidence.15
14
https://www.cnnindonesia.com/ekonomi/20191217135934-78-457702/nasabah-difabel-mengaku-dilarang-bni-s
yariah-punya-atm, accessed on 13 January 2020.
15
Hasil Wawancara Komnas HAM dengan LBH Yogyakarta, pada penelitian Disabilitas berhadapan
dengan hukum 2018
15