The Responsibilities of the State in the Fulfillment of Inclusive

Education for Persons with Disabilities: Case Study in Indonesia

Nita Ariyani

, Dwi Oktafia Ariyanti

, Dyah Permata Budi Asri

123

Faculty of Law, University of Janabadra, Tentara Rakyat Mataram Street, Yogyakarta, Indonesia

Postgraduate Law Program, Faculty of Law, Islamic University of Indonesia, Yogyakarta, Indonesia

Keywords: Inclusive Education, Persons with Disabilities, The UNCRPD, National Strategy

Abstract: Indonesia has signed The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)

in 2006 and ratified it through The Law Number 19 of Year 2011 concerning Ratification of The UNCRPD.

Inclusive education is one of the mandates that must be realized in The UNCRPD but Indonesia not yet to

realize the fulfillment of inclusive education for persons with disabilities. The arrangements for inclusive

education in Indonesia are only technically regulated up to primary and secondary education. There are many

problems regarding the fulfillment of inclusive education like educational facilities and teaching methods are

not yet accessible, The inclusive education system in Indonesia has not yet been built systematically, etc.

Indonesia need to make National Strategy to realize Inclusive Education. This research emphasizes the

responsibilities of the state in the fulfillment of inclusive education for persons with disabilities in Indonesia.

The type of research used is normative juridical research, that examines legal regulations relating to inclusive

education for persons with disabilities.

1 INTRODUCTION

UNCRPD is one of the international conventions

that specifically regulates about the rights for the

Persons with Disabilities (The Persons with

Disabilities hereinafter abbreviated to PD).(Ariyani,

2017) Indonesia has ratified The UNCRPD through

The Law Number 19 Year 2011 concerning The

Ratification of the Convention on the Rights of

Persons with Disabilities (hereinafter referred to as

The Law Number 19 of 2011). This ratification shows

the commitment and seriousness of the Government

of Indonesia to respect, protect and fulfill the rights

of people with disabilities which in the end is

expected to improve the welfare of people with

disabilities.

PD have the right to be free from torture or cruel,

inhumane, degrading human treatment, free from

exploitation, violence and abuse, and have the right to

obtain respect for their mental and physical integrity

based on equality with others, including in it the right

to obtain social protection and services in the context

of independence, as well as in emergencies. The

Government of Indonesia is obliged to realize the

rights contained in the convention, through adjusting

the laws and regulations, including ensuring the

fulfillment of the rights of PD in all aspects of life

such as education, health, employment, politics and

government, culture and tourism, and the use of

technology, information, and communication.

According to PUSDATIN data from the Ministry

of Social Affairs of Indonesia in 2012, the percentage

of PD reached 2.45% with a total of 11,580,117

people. By classification, 3,474,035 (people with

visual disabilities), 3,010,830 (people with physical

disabilities), 2,547,626 (people with hearing

disabilities), 1,389,614 (people with mental

disabilities) and 1,158,012 (persons with chronic

disabilities).(Nurinayah, 2018) The Government of

Indonesia in the framework of fulfilling the rights of

persons with disabilities, issued several related

policies fulfillment of the rights of persons with

disabilities among others, by ratifying the UNCRPD

through The Law Number 19 Year 2011 and forming

The Law Number 8 Year 2016 concerning Persons

with Disabilities.

The UNCRPD and The Law Number 19 Year

2011, and The Law Number 8 Year 2016 are the

international and national instrument of Human

Rights in order to Respect, fulfillment and protection

of the rights of PD in Indonesia (Development tools

and Human Rights Instruments). The purpose of this

Ariyani, N., Ariyanti, D. and Asri, D.

The Responsibilities of the State in the Fulﬁllment of Inclusive Education for Persons with Disabilities: Case Study in Indonesia.

DOI: 10.5220/0009206800260031

In Proceedings of the 2nd International Conference on Applied Science, Engineering and Social Sciences (ICASESS 2019), pages 26-31

ISBN: 978-989-758-452-7

Convention is to promote, protect and guarantee the

equality of rights and fundamental freedoms for all

PD, as well as respect for the dignity of persons with

disability as a part inseparable (inherent dignity).

(Fikriyah, 2018)

This ratification of The UNCRPD has made

Indonesia as a part of the world community that is

committed to realizing optimally all forms of honor

values, protection and fulfillment of the rights of

persons with disabilities as stated in The UNCRPD.

(Nursyamsi et al., 2015) With the ratification of The

UNCRPD by Indonesia, Indonesia has declared itself

to be definitively bound to The UNCRPD.

Ratification is one form of ratification of international

agreements so that when the state has ratified an

international agreement, the state has bound itself to

an international agreement.

Inclusive education is one of the mandates that

must be realized in the fulfillment of rights in

education in The UNCRPD. Inclusive education is

the implementation of universal education,

emphasizing human rights, based on equality and

without discrimination. Inclusive education is an

alternative solution in order to prevent discriminatory

treatment for PD. The state based on The UNCRPD

is the party most responsible for effectuating

inclusive education.

The facts, PD in Indonesia have various problems

because they are treated discriminately related to the

fulfillment of rights in the field of education,

including not accepted as students in public schools

and colleges for reasons of disability and/or reasons

for infrastructure that has not been accessed; media

(tools or facilities) used for student admission

examinations at schools and colleges are not

accessible to persons with disabilities; some people

with disabilities are accepted in public schools and

universities/colleges, but it turns out that educational

facilities and teaching methods are not yet

accessible(SIGAB, 2017); There is no choice of the

type of school and college for persons with

disabilities. Primary and secondary schools are

usually directed to The Special Needs Schools and

tertiary institutions are directed to The Special Needs

Higher Education).(Syafi’ie, 2015)

The state as the party most responsible for

fulfilling the right to education for PD is required to

immediately overcome all the problems mentioned

above. Based on the background above, the authors

raised the issue with the title " The Responsibilities

Of The State In The Fulfillment Of Inclusive

Education For Persons With Disabilities: Case Study

In Indonesia" to be discussed and reviewed in this

paper.

2 RESEARCH METHODS

The researcher used a type of normative juridical

research, namely research focused on examining the

application of rules or norms in positive law.(Ibrahim,

2011) The approach method that used in this study is

statute approach.(Marzuki, 2009) The researcher also

used Analytical Approach. Basically, the task of legal

analysis is analyzing legal notions, legal principles,

legal rules, legal systems, and various juridical

concepts. The researcher also uses Case Approach to

learn the application of legal norms or rules carried

out in legal practice (Marzuki, 2009)

The purpose of this case study is to find out the

implementation and obstacles faced by Indonesia in

fulfilling inclusive education. Another objective of

this research is to analyze the appropriate juridical

policies to be taken in the fulfillment of inclusive

education in Indonesia.

Researchers used primary legal material sources

including UNCRPD, The Law Number 19 Year 2011,

The Law Number 8 Year 2016 and several other

regulations. Researchers also used secondary legal

material sources including books, journals,

proceedings, official documents, sources from the

internet relating to the fulfillment of inclusive

education for persons with disabilities. Researchers

also used primary data by conducting interviews with

the Minister of Ireland State with Special

Responsibility for Disability Issues as a material for

comparing policies in Indonesia with Ireland State.

The method of presenting legal material in this

study is presented in the form of descriptions

arranged systematically, logically and rationally.

Legal materials obtained are analyzed using

qualitative methods by describing and interpreting

data obtained based on legal norms, theories and

applicable doctrines associated with problems

regarding the fulfillment of inclusive education for

persons with disabilities.

3 RESULTS AND DISCUSSION

The responsibilities of the state relating to

education are regulated in several instruments related

to education. It can be concluded that state

responsibility generally relates to fulfilling

educational rights among others the obligation to

respect, to protect and to facilitate. Acording to the

obligation to respect, the state must avoid all things

that can hamper or prevent the fulfillment of the right

of education. Acording to the obligation to protect,

the state must take action that can avoid third parties

The Responsibilities of the State in the Fulﬁllment of Inclusive Education for Persons with Disabilities: Case Study in Indonesia

from intervening in the fulfillment of the right of

education. Acording to the obligation to facilitate, the

state must take positive actions that help individuals

and communities to obtain the right of education.

Acording to the obligation to provide. the state, in this

case, must fulfill the rights of education. If a person

or group cannot because of reasons beyond their

control, the state must realize their rights in the

available ways.(Syafi’ie, 2015)

Furthermore, there are more specific

arrangements regarding state responsibilities in the

fulfillment of educational rights for disabilities

persons : in The UNCRPD Article 8 Paragraphs (1)

and (2b), Article 16 Paragraphs (1) and (2) and also

Article 24 Paragraphs (1) and (2). Article 8 of The

UNCRPD contains the role and responsibilities of the

state to adopt effective and immediate policies with

the aim of increasing the awareness of the whole

community about the rights of persons with

disabilities and to maintain respect for the rights and

dignity of persons with disabilities.

Article 16 Paragraphs (1) and (2) of The

UNCRPD is an affirmation of the role and

responsibility of the state to take education policies to

protect and prevent persons with disabilities from all

forms of exploitation, violence, and harassment,

including the gender aspects of these actions.

Furthermore, Article 24 paragraph (1) broadly

explain that the party States of UNCRPD recognize

the right of education for persons with disabilities

through the fulfillment of the right of education for

persons with disabilities without discrimination and

based on equal opportunities. The participating

countries must guarantee an inclusive education

system at all levels and lifelong learning.

Article 24 paragraph (2) of the UNCRPD contains

guarantees of the state on the rights of persons with

disabilities related to the education system, the right

to compulsory and free basic education, the right to

further education, access to basic and advanced

education, the provision of accommodation,

educational facilities, and supporting facilities in

academic and social environments.

The mandate in The UNCRPD, The fulfillment

of the right of education for persons with disabilities

can be summed up broadly, among others:

1. That the state party is obliged to adopt policies

from the national level to the regional level, which

aim to increase public awareness about the

importance of education rights for disability

persons as well as policies that are oriented

towards respecting human rights for disability

persons.

2. That the state is obliged to protect disability

persons and prevent all forms or kinds of

exploitation, harassment, and discrimination in

the aspect of gender towards persons with

disabilities.

3. That the state guarantees the realization of

inclusive education system in all levels of

education ranging from the basic, middle to

tertiary level)

Based on Mandate in The UNCRPD about the

responsibilities of states in the fulfillment of inclusive

education for persons with disabilities, Government

of Indonesia have prepared three types of education :

1. Segregated Education is education that separates

disabled students from other non-disabled

students. Examples of this type of education are

special schools or special schools.

2. Integrated Education is education that allows

disabled students to take education together with

non-disabled students in regular schools. The

consequence of this education is that disabled

students must be able to follow the curriculum and

learning carried out in regular schools.

3. Inclusive Education is education where disabled

students can take education together with non-

disabled students in regular schools. In inclusive

education, of course, there are curriculum

modifications and learning that is adapted to

students with disabilities.(Setiati, 2017) Inclusive

education has a broader goal to make society

equitable and more just for all citizens in every

aspect of life including education. The concept of

inclusion has to be understood as well as

implemented through a comprehensive lens,

which would not plan for any segregated approach

or intervention for any particular group or

context.(Ahsan, 2018)

In order to realize inclusive education, an

institution that specifically builds support services for

students with disabilities is required. This institution

by the Law Number 8 Year 2016 on Persons With

Disabilities is called "Disability Service Unit”. This

unit will help schools and universities to fulfill the

special needs of students with disabilities, which The

UNCRPD and The Law on Persons with Disabilities

are called "fulfillment of decent accommodation".

Schools and Universities also need the presence of

"Special Guidance Teachers”. In fact, the

Government has never recruited them. As a result,

regular schools and colleges that accept persons with

disabilities do not have experts who help them how to

adapt the learning process for persons with

disabilities.(Indrawati, 2018)

ICASESS 2019 - International Conference on Applied Science, Engineering and Social Science

The government must ensure that inclusive

education runs optimally, by including a Special

Guidance Teachers scheme in receiving state civil

apparatus teachers in order to fulfill Special Guidance

Teachers needs.(Utomo et al., 2018)The government

also should make a Government Regulation that

regulates the fulfillment of adequate accommodation

for persons with disabilities who take Inclusive

education, but the regulation has not yet been made

until now.

Inclusive education is a process for making

changes to the education system so that it produces

equal and quality education.(Ahsan, 2014) Inclusive

education is a way to foster a positive attitude and is

a fair step for people with disabilities in the

community.(Robinson, 2017) The Fact, inclusive

education system in Indonesia has not yet been built

systematically and this is also the duty of the state to

establish an inclusive education system that is not

discriminatory. Furthermore, for provisions regarding

inclusive education can be applied until to the local

level, the local government through decentralization

is authorized to more contribute towards

implementing inclusive education through the

establishment of policies that are inclusive.

State through Government should support the

implementation of inclusive education by giving

sufficient financial support for schools and colleges.

financial support is needed especially to support the

fulfillment of facilities needed by PD and improve the

quality of teaching resources.(Lindsay, 2018)

In order to realize inclusive education, the

Government of Indonesia also must immediately

realize a special curriculum for inclusive schools (in

all levels of education ranging from the basic, middle

to tertiary level) and their supporting facilities so that

teaching and learning activities in inclusive schools

can run effectively.

The researcher compared the fulfillment of

inclusive education in Indonesia with State of

Ireland. Ireland is a country that committed to the

UNCRPD. Ireland has The Minister of State for

Disability Issues. This minister is is a junior

ministerial post at the Departments of Employment

Affairs and Social Protection, Justice and Equality,

and Health of the Government of Ireland. The

Minister of State for Disability Issues works together

with the senior Minister in the department and has

special responsibility for all disability and equality

issues.

Based on interviews with Finian McGrath,

Minister of Ireland State with Special Responsibility

for Disability Issues on July 11, 2019, said that

Ireland is very committed to implementing the

UNCRPD. Ireland have ministries that specifically

handle Disability Issues and establish the National

Disability Inclusion Strategy (NDIS) 2017 – 2021.

The National Disability Inclusion Strategy (NDIS)

NDIS 2017– 2021 contains a wide range of practical

commitments to improve the position of people with

disabilities. NDIS provides a mechanism for joined-

up working to deliver on Ireland’s commitments to

implementing the UNCRPD.

Acording to NDA independent assessment of

progress under NDIS 2017-2018, NDIS takes a whole

of Government approach to improving the lives of

people with disabilities both in a practical sense, and

also in creating the best possible opportunities for

people with disabilities to fulfil their potential.The

Strategy comprises the following eight themes:

Equality and Choice, Joined up policies and public

services, Education, Employment, Health and

Wellbeing, Person centered disability services,

Living in the Community; and Transport and access

to places

The Strategy was prepared on foot of a

comprehensive consultation process that took place

during 2016 and was completed early in 2017. The

purpose of this process was to identify and agree

specific actions and timescales for delivery under the

themes set out above. Implementation of the Strategy

is being overseen by a Steering Group, which

comprises representatives of the key government

departments and agencies and of disability

stakeholders. The Group is chaired by the Minister of

State. The National Disability Strategy Steering

Group will publish an annual report on progress made

in each year of the Strategy starting in 2018, and there

will also be a midterm review.

Finian McGrath also explained that The NDIS

Steering Group, oversees and monitors the

implementation of NDIS, Steering Group will have

an important role in guiding on progress in this area.

The National Disability Authority (NDA) will also

play a critical part in the implementation of the

Convention, and will be carrying out a review of

progress with respect to the Strategy’s key indicators

in this regard. In the NDIS 2017-2021, Ireland

supports the fulfillment of inclusive education,

including:

a. Set up systems and policies to support children

and young people with disabilities to move into

and out of education

b. Train teachers and schools new skills to support

students with disabilities

Encourage people with disabilities to take part in

third level education

The Responsibilities of the State in the Fulﬁllment of Inclusive Education for Persons with Disabilities: Case Study in Indonesia

d. Make sure that schools can use information

technology to help students with disabilities

e. Improve the Special Needs Assistant (SNA)

Scheme,etc.

Indonesia doesn’t have the National Disability

Inclusion Strategy like Ireland to handle all the issues

of disability. Indonesia can adopt the policies and/or

steps taken by Ireland because Ireland is one of the

most committed countries to realize the mandate of

the UNCRPD even though Ireland has only ratified it

in 2018 but the steps taken in realizing inclusive

education are very real. Indonesia can create a special

division under the Ministry of Social Affairs which

deals with disability issues. through this division, can

make a national strategy to overcome the problem of

disability in Indonesia. The division will be overseen

and fostered by a steering group formed by the social

ministry. Indonesia through the Ministry of Social

Affairs can form an Independent Legal Entity

consisting of various elements as a body that will

work together with the Special Division to create a

national disability inclusion strategy.

4 CONCLUSIONS

Indonesia as one of the countries that ratified The

UNCRPD has accommodated The UNCRPD

provisions, among others, by providing three

educational options for persons with disabilities:

segregated education, integrated education, and

Inclusive education. Indonesia doesn’t have the

National Disability Inclusion Strategy like Ireland to

handle all the issues of disability. The Next Steps of

Indonesia to handle issues about inclusive

education,Indonesia can create a spesial division

under the Ministry of Social Affair to make National

Disability Incusion Strategy where one of the

Strategy is Strategy to fulfill inclusive education in

Indonesia among others: Establish The National

Disability Inclusion Strategy sustainably; Establish

Steering Group that specifically oversees, monitors,

provides input and also guidance related to the

national Disability Inclusion Strategy from all parties

concerned with persons with disabilities in synergy

(non-government organizations, disability groups,

government, experts or from universities,

communities, etc); Build institutions that specifically

build support services for students with disabilities in

schools and colleges; Make implementing regulations

for laws relating to the fulfillment of the right of

inclusive education for persons with disabilities in the

form of government regulation that regulates the

fulfillment of adequate accommodation for persons

with disabilities who take Inclusive education;

Improve the Special Guidance Teachers scheme or

the Special Needs Assistant (SNA) Scheme; Build the

inclusive education system systematically not

discriminate; make policies and implement inclusive

education; also provides financial support for the

development of inclusive education up to the regional

level.

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The Responsibilities of the State in the Fulﬁllment of Inclusive Education for Persons with Disabilities: Case Study in Indonesia