Written by:Ingrit Dilla Farizna(Student of the Family Law Study Program, UIN Syarif Hidayatullah Jakarta)

Legal Literacy - This article discusses the rights of persons with disabilities, one of which is the right to legal protection. Let's take a look at the explanation below!

It is a reality that some people are created in different conditions, both physical and non-physical, who are subsequently referred to as persons with disabilities. Persons with disabilities, in some terms, are labeled as individuals who have different conditions and abilities from normal individuals, especially in physical abilities.

According to John C. Maxwell, a person with a disability is someone who has an abnormality and/or that can interfere with activities.[1] Meanwhile, Article 1 number 1 of Law (UU) Number 8 of 2016 concerning Persons with Disabilities states that a person with a disability is any person who experiences physical, intellectual, mental, and/or sensory limitations for a long period of time which, in interacting with the environment, may experience obstacles and difficulties in participating fully and effectively with other citizens based on equal rights.

Persons with disabilities in social science studies generally refer to those who have physical and non-physical disabilities. Persons with disabilities are categorized into three types of groups:

  1. Group of physical abnormalities, consisting of the blind, deaf, and deaf-mute;
  2. Group of non-physical abnormalities, consisting of mentally retarded, emotionally disturbed and autistic;
  3. Group of multiple abnormalities, namely those who experience more than one type of abnormality.

As part of the community, persons with disabilities also must receive support and legal protection so that the rights of persons with disabilities as citizens are not lost or ignored. As stated in Chapter XA The 1945 Constitution of the Republic of Indonesia (UUD NRI 1945), which explains that human rights are rights inherent in human dignity from birth, such as the right to life, the right to be treated equally and the right to legal certainty and justice, as well as a number of other human rights.

The Convention on the Rights of Persons with Disabilities in Article 13 explicitly explains access to justice, stating that, first, the state guarantees that persons with disabilities can have the same opportunities and treatment in court. The state guarantees that every judicial rule must be adapted to the circumstances of persons with disabilities so that they can play a full role in all stages of the trial and proceedings, for example as witnesses. Second, the state will provide training to understand persons with disabilities for those who work in judicial institutions such as the police, prison officers, and so on.[2]