8.
Access to Justice and Recognition of equality before the law, Presidential Regulation No.
39/2020 on Reasonable Accommodation for Persons with Disabilities in Judicial Process was
issued to provide required services, facilities, and infrastructure for PWDs to access the legal
processes. Yet, this regulation does not regulate the recognition of legal capacity and/or
guardianship mechanism, particularly in civil court cases. The regulation also does not implement
well in several regions, especially in the undeveloped regions due to the lack of knowledge and
understanding of the officials working in the judicial system and law enforcement agencies.
Recommendation: GoI need to develop an appropriate policy in regard to legal capacity based
on solid arguments and full participation of Organization of Person with MentalDissability.
9.
Komnas HAM appreciate the the GoI’s effort to change the education system in Indonesia
through Presidential Regulation No. 13 of 2020 concerning Suitable Accommodation for Students
with Disabilities, and Komnas HAM is aware its challenges in implementing the regulation. The
obligation to established disability unit services in all level of education and to provide suitable
accommodation for student with disability is costly, in elementary to senior high school of
education which are under the authority of Local Government, it is relied on the commitment
and priority of the Local Government respectively.
Recommendation: Komnas HAM encourage GoI to accelerate up the implementation of this
regulation, so that the student with disability could access their right to education.
10.
According to the Law No. 19/1997 on Statistics and Government Regulation No. 51/1999
on Statistics Undertakings, the government carries out population census on years ending with 0
(zero), or every 10 years. The last census of 2020 did not include an instrument to capture the
number of persons with disabilities and their characteristics. Data collection on persons with
disabilities are collected using surveys built upon different methodologies by different
Indonesia – Komnas HAM to Committee of CRPD – 16 August 2022 – Page 5