Komnas HAM, Indonesia UNCRPD Written Contribution
List of issues
1. How
does the
government ensure that the memorandums of
understanding that it drew up with Indonesian banks are implemented
down to the lowest bank unit?
2. How does the government build the capacity and shared understanding
among law enforcement officials in dealing with persons with
disabilities?
3. Has an initiative been taken to develop a special procedure in the law
enforcement mechanism for persons with disabilities, so that equality
before the law is met?
Article 13 Access to Justice
30. Komnas HAM observed the case that occurred in Wonosobo, Central Java, in which a
woman with a mental disability was raped by her neighbour.16 The problem turned for
the worse when she and her family were persecuted by the village official who sided
with the rapist. As a result of the continued threats and persecution, the victim’s mother
suffered a stroke and had to stay with her extended family. The turn of events occurred
as a result of the victim’s poor access to a fair criminal justice system. If the law
enforcement officials had prevented the said persecution from happening and protected
the victim and her family, complication of the case would have been avoided and it
would not have threatened the victim's vulnerability. The lack of a proper police
investigation mechanism in this regard has had a negative impact to access to justice for
persons with disabilities.
31. While Paragraph 61 of the Government Report17 states that "The provisions regarding
access to justice, such as Law No. 16 of 2011 on Legal Aid, can be used by persons with
16
Komnas HAM Team, Data Examination and Analysis from a Study on Persons with Mental Disabilities
dealing with the Law, 18 July 2018.
17
Initial Report by the Government of Indonesia, 3 January 2017
16