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All Journal Indonesian Journal of Disability Studies Jurnal Hukum dan Peradilan
Panggabean, Siska Naomi
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Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Access of People with Disabilities to Justice in Indonesia General Court System Panggabean, Siska Naomi
Indonesian Journal of Disability Studies Vol. 6 No. 1 (2019)
Publisher : The Center for Disability Studies and Services Brawijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (880.225 KB) | DOI: 10.21776/ub.ijds.2019.006.01.13

Abstract

Accessibility of people with disabilities is the main problem of this research. Focusing on justice and legal protection rights as one of the listed rights of people with disabilities in Law Number 8 of 2016, and its implementation in Indonesia General Court system, this research used documentary data and analyzed in normative juridical research methods that focused on legal materials which are related to the topic. The results of this research indicate that disability access to justice is not fully applied in Indonesia General Court system, caused by the financial placements and the number of people with disabilities cases. Moreover, the implementing regulation as the guidelines for adjudicating people with disabilities cases (as the step to fulfill justice rights) has not been formed yet. This brings the judicial process of people with disabilities' cases run as is for non-disability people without considering the recommendation from medics, psychologist, or psychiatrist.
REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES IN ELECTRONICS JUSTICE SYSTEM (E-COURT) Panggabean, Siska Naomi
Jurnal Hukum dan Peradilan Vol 10 No 1 (2021)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.10.1.2021.1-30

Abstract

The emergence of e-Court as a modernization on trials enabled the judicial process to run online. The application allowed users, including Persons with Disabilities (PwD). Since the online system is essentially similar to the on-site one, the judicial process should consider reasonable accommodation. Moreover, considering Government Regulation Number 39 of 2020 concerning Reasonable Accommodations for Person with Disabilities (Regulation of Reasonable Accommodation in Judicial Process), the types of accommodations to enable PwD to use the online system must be clear. How the reasonable accommodations provided in e-Court is the issue of this research. The method of research used to elaborate on this issue is the normative juridical method. Patterns of problem approach are statute approach and conceptual approach. Meanwhile, the Analytical Descriptive method is used to construct the data. In this writing, automated online web accessibility tests showed that the medium percentage of the e-Court's accessibility is used to bolder the analysis. This writing elaborated the accessibility of e-Court and the components of the information within which needed to be enhanced for providing reasonable accommodation for Persons with Disabilities, mainly in the form of service. It also touched on the Standard of Judicial Process involving Persons with Disabilities and the provision of the Companion and/ or the Translator for Persons with Disabilities during the trial process linked with the personal assessment and the participation of society.
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