Komnas HAM, Indonesia UNCRPD Written Contribution
46. In the health insurance scheme, persons with disabilities are considered the same as
other general beneficiaries, with no specific accommodation for persons with
disabilities.30 Komnas HAM considers the need for amendments in the prevailing
regulations and/or the establishment of a new regulation concerning national social
security system to guarantee, fulfil and provide protection of the right to health for
persons with disabilities.
47. Law Number 36 of 2009 on Health emphasizes the primary role of government in
ensuring the availability of facilities and health services for persons with disabilities for
a healthy and productive life. However, it has not been regulated by more technical
regulations or provisions.31
48. There should be special provisions on health security that regulate the protection,
fulfilment and enjoyment of the highest health standards for persons with disabilities.
Special Region of Yogyakarta in this regard has successfully initiated special provisions
for persons with disabilities, which are provided in the regional regulation on persons
with disabilities, and also regulated in the Regulation of the Governor of Yogyakarta.
The implementation of special health security scheme for persons with disabilities
require its own budget allocation as it has been done in Yogyakarta Province.32
30
Law Number 40 of 2004 on National Social Security System, Law Number 36 of 2009 on Health, Law
Number 24 of 2011 on Social Security Implementing Agency, and other relevant bylaws.
31
Article 18 paragraph 2 of Law Number 36 of 2009 on Health
32
Yogyakarta Provincial Regulation No. 4 of 2012 on Disability stipulates Health Insurance for People with
Disabilities. The technical guideline of this provision is afforded in the Governor’s Regulation No. 50 of 2017
on Health Insurance System for People with Disabilities.Articles 41-53 of the provincial regulation stipulate
that, “Every person with disabilities has the same and equal rights and opportunities to participate in every
health effort in any healthcare provider, which consists of:
1. promotive: healthcare delivery that focuses on promoting healthy behavior for people with disabilities;
2. preventive: healthcare delivery that focuses on preventing health problems and/or illnesses on people
with disabilities;
3. curative: healthcare delivery that focuses on activities or a series of treatment to cure illnesses, to
alleviate patients’ conditions due to illnesses, and/or to manage disabilities;
4. rehabilitative: healthcare delivery that focuses on the activities to optimize the physical function of
people with disabilities in order to help their independent mobility and social participation suitable to
their abilities as members of the public.
The regulation also stipulates that healthcare facilities for people with disabilities are mandatory. In
addition to that, people with disabilities have the right to affordable healthcare(Data from the Study for
Disability Bill, National Human Rights Commission, 2013).
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