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

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