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All Journal Nagari Law Review International Journal of Educational Review, Law And Social Sciences (IJERLAS) AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Despan Heryansyah
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Realitas Pemenuhan Hak Penyandang Disabilitas di Lembaga Pemasyarakatan Suparman Marzuki; Despan Heryansyah
Nagari Law Review Vol 4 No 1 (2020): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.4.i.1.p.92-105.2020

Abstract

To fulfill the rights of persons with disabilities in correctional institutions is an inseparable part of the paradigm of the integrated criminal justice system, which is also the spirit of Law No. 8 of 2016 concerning Persons with Disabilities, that the judicial process is an inseparable unit since the handling of cases by the police, prosecutors, the judiciary, up to the implementation of court decisions through the Ministry of Law and Human Rights. The court's decision in the form of imprisonment is carried out by a prison. However, even though Indonesia has ratified the Convention on the Rights of Persons with Disabilities and ratified Law No. 8 of 2016 concerning Persons with Disabilities, barriers to the fulfillment of the rights of persons with disabilities in prison are still common. The results of this reaserch indicate that the problematic fulfillment of that right was found in the form of various obstacles faced by persons with disabilities in all correctional business processes. Both the constraints of physical facilities and infrastructure, regulatory constraints, and human resource constraints. This situation is also exacerbated by the reality of overcapacity experienced by all correctional institutions in Indonesia. This research is a form of nondoctrinal research, where the data used are primary data by looking at the reality of fulfilling the rights of persons with disabilities in prison and interviewing several related parties
Absennya Partisipasi Publik Dalam Pembangunan Ibu Kota Nusantara Despan Heryansyah
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

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URGENCY OF THE FIFTH AMENDMENT OF THE INDONESIAN 1945 CONSTITUTION Suparman Marzuki; Despan Heryansyah; Sahid Hadi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 1 (2023): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i1.631

Abstract

This article focuses on the idea of a fifth amendment to the Indonesian constitution, namely an amendment to the UUD NRI 1945. Stressing today’s constitutional problems, which we identify as deriving from the norms in the UUD NRI 1945, this article presents the urgency of the fifth amendment and how to bring about a democratic constitution. Using a statutory and conceptual approach, this normative study identifies a number of foundational issues in the UUD NRI 1945. Thus, the fifth amendment of the constitution finds its urgency. Through this article, we encourage the fifth amendment to be conducted to present a democratic constitution, both materially and formally.
An Evaluation of Disability Rights Implementation in Indonesian Correctional Institutions: The Cases of LPKA (Youth Correctional Center) Tomohon and Pematang Siantar Suparman Marzuki; Despan Heryansyah
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v52.28165

Abstract

The fulfillment of the rights of persons with disabilities has received growing attention, particularly following the enactment of Indonesia’s Law on Persons with Disabilities. In correctional settings, the Directorate General of Corrections mandated in 2020 that all Correctional Technical Implementation Units establish Disability Service Units (Unit Layanan Disabilitas/ULD) to ensure adequate reasonable accommodation for inmates with disabilities. After four years of implementation, it is necessary to evaluate how effectively these units have operated. This study aims to analyze the implementation of ULD policies in ensuring reasonable accommodation and to identify the challenges encountered in fulfilling disability rights within correctional environments. To narrow the scope, the research focuses on two institutions: LPKA Tomohon and Pematang Siantar Prison. The research employs a qualitative approach, gathering primary data through in-depth interviews and direct observation, and is supported by secondary sources from literature reviews, academic articles, books, and relevant research reports. The findings indicate that both institutions have adopted various measures, particularly to improve infrastructure and strengthen the capacity of ULD officers. However, significant challenges remain, including limited policy and budgetary support, constraints on institutional leadership capacity, and varying availability of civil society organizations across regions. These factors hinder ULDs from functioning optimally to provide accessible and inclusive correctional services. Overall, this study underscores the need for institutional strengthening and more comprehensive support to ensure that Disability Service Units can effectively safeguard the rights of persons with disabilities within correctional settings.
Co-Authors Sahid Hadi Suparman Marzuki, Suparman