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Inclusive Politics For Persons With Disabilities: Gus Dur’s Experience in Building Inclusive Democracy in Indonesia Fikri, Abdullah
VJJ Vol. 3 No. 1 (2021): Veteran Justice Journal
Publisher : VJJ

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Abstract

Many believe that the reformation era of Indonesia, in the post of 1998 political upheaval, has brought Indonesia to be a democratic country, where all citizens disregard their gender, ability, ethnicity and religious status, enjoy freedom, equal right and social justice. People with disabilities is one of the groups experiencing discrimination and marginalization in Indonesia's social and political domain. While this situation continues to happen until now, the reformation era has been seen as opening the door for people with disabilities to start voicing their aspirations and enjoy wider social and political participation. Drawing from the political career of Abdurahman Wahid, widely known as Gus Dur, this paper argues that despite the promise of democracy, the position of people with disabilities in Indonesia's political context is not necessarily secure. The presidential election 1999 and 2004 followed by the 2008 election bill showed that disability was a bargaining chip for political position; it was defined differently according to the political interest of political parties. The election of Gus Dur as president in 1999 was due to the acceptance of political parties widely known as Central Poros -- as Gus Dur supporters --toward his “disability”. Such an inclusive democracy was then shattered in the 2004 election when Gud Dur's visual impairment was seen as his inability to meet the requirement of physically and mentally health (physically and mentally health), one of the eligibility for candidacy. Gus Dur was not re-elected. Such a rejection toward Gus Dur's disability lead and his team to advocate disability issue in Indonesian political policies and practices. The result is the 2008 election policy which formally stated that disability is not supposed to be seen as physical or mental condition incompatible with the criteria of physically and mentally healthy .The paper argues that democratic and political inclusion can never be achieved without the right understanding of disability, as well as the legal guarantee of political and social right of person with disability in Indonesia political sphere.
Kajian Politik Hukum Putusan Mahkamah Konstitusi Nomor 135/PUU-XXII/2024 Tentang Pemisahan Pemilihan Umum Nasional dan Lokal Suryana, Eka Pala; Kartika, Adhitya Widya; Fikri, Abdullah
Legalita Vol 7 No 2 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i2.2094

Abstract

The Constitutional Court Decision Number 135/PUU-XXII/2024 ruled the separation of national and local elections, with the Court’s considerations emphasizing that previous electoral practices had led to excessive workloads for election organizers, political party pragmatism, the marginalization of regional development issues, institutional fatigue and casualties, as well as voter fatigue and a decline in the quality of popular sovereignty. This study examines the legal politics underlying the Constitutional Court’s decision and its juridical implications by employing both a case approach, which analyzes legal disputes in the electoral law domain, and a conceptual approach, which explores the transformation of electoral concepts. The findings demonstrate that the legal politics of Decision Number 135/PUU-XXII/2024 aim to enhance the quality of democracy, since democratic elections play a vital role in safeguarding state integrity, establishing representative institutions, and ensuring effective governance, all of which must be conducted in accordance with the general principles of democracy. Furthermore, the juridical impact of the decision highlights the urgency of strategic measures in electoral governance, particularly the need for immediate legislative revisions of the Electoral Law to guarantee voter accessibility, consolidate political parties, and rationalize the workload of election organizers, thereby providing a clear operational legal basis for the transitional period.
Program Makan Bergizi Gratis (MBG) Dalam Perspektif Konstitusionalisme Fikri, Abdullah
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i2.4576

Abstract

The Free Nutritious Meal Program (MBG) constitutes one of the national priority initiatives launched by President Prabowo Subianto in early 2025 to address malnutrition and stunting in Indonesia. Conceptually, this program represents the state’s responsibility to guarantee the right to nutritious food for all citizens. However, its implementation faces challenges such as mass poisoning incidents, limited institutional preparedness, and weak legal foundations, raising constitutional questions regarding the program’s alignment with the principles of the rule of law, good governance, and human rights protection. This study employs a normative legal method with conceptual and statutory approaches, reviewing legislation, Constitutional Court decisions, and relevant scholarly literature. A qualitative analysis was conducted by tracing norms and constitutional principles related to the right to food and state obligations. The findings indicate that MBG constitutes a manifestation of the state’s constitutional responsibility as stipulated in Articles 28A–28J of the 1945 Constitution of the Republic of Indonesia; however, strengthening its legal basis through a Government Regulation in Lieu of Law (Perppu) is necessary to ensure legal certainty and accountability, as the element of “urgent necessity” has been fulfilled. Accordingly, MBG is not merely a populist policy but also a concrete implementation of the state’s commitment to public welfare and social justice.
Partisipasi Politik Masyarakat Difabel dalam Pembentukan Kebijakan Pendidikan Tinggi Inklusif Fikri, Abdullah
INKLUSI Vol. 1 No. 1 (2014)
Publisher : PLD UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (454.879 KB) | DOI: 10.14421/ijds.010106

Abstract

Inclusive education is an educational syem that accessible for everybody in any condition. In this case, the focus of inclusive education is for people with disabilities. People with any disability have the same right to acquire formal education. Until now, inclusive education is implemented in the elementary and middle school level, so higher education inclusive paradigm still needs to get more attention.Inclusive higher education is a continuity of inclusive education in the elementary and middle school level. In a formal sense, inclusive education in college has not gotten the policy that affirm the implementation of inclusive education in the college level. Therefore, people with disabilities and disabled-people activits, either from academic or non-academic settings, need to undertake the political efforts to toward policy makers for making policy about implementation of inclusive education in the college nationally. Community’s efforts to influence government decision-making is called political participation. Political participation is a form of community involvement to influence the policy-making process. In this case, the public policy form is called (regeling), which is the result of cooperation betwwen the local government and the local parliament and so president and parliament.In the context of democracy, people with disabilities is one of the people who are the actors in policy making. Participation of the population occurs not only in the electoral process, but also other places. It means that people with disabilities who certainly have interests, which interests will only be actulized if they are involved in political participation. Those which are strategic to realize is related  with inclusive higher education by national policy instrument (UU). With the national policy, the rights of people with disability can be guaranted and protected to access the college.
Fikih Ramah Difabel Fikri, Abdullah
INKLUSI Vol. 2 No. 1 (2015)
Publisher : PLD UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (212.312 KB) | DOI: 10.14421/ijds.020108

Abstract

Konseptualisasi dan Internalisasi Nilai Profetik: Upaya Membangun Demokrasi Inklusif bagi Kaum Difabel di Indonesia Fikri, Abdullah
INKLUSI Vol. 3 No. 1 (2016)
Publisher : PLD UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (366.161 KB) | DOI: 10.14421/ijds.030107

Abstract

This paper focuses on the disability in the context of inclusive democracy that is based on the prophetic values. There are two terms used in this paper. First, inclusive democracy; this term asserts that the people with disability are not the object in a social and political system, conversely, the people with disability are positioned as the subject in citizenship. The people with disability are part of the political system and society and they have the rights to engage and compete in the political practices. Second, “prophetic values” that refers to the elaboration of disability studies and Islamic studies, where the later is related to the earlier. Disability studies with the prophetic social science are prominent as a social transformation in order to get a better humanist and transcendence understanding of disability in the local context of Indonesia. The result of this study shows that the inclusive democracy, in terms of Indonesian local context, is constructed by four prophetic values: humanism, liberation, transcendence and inclusive society.[Tulisan ini akan membahas difabilitas dalam konteks demokrasi inklusif berbasis nilai-nilai profetik. Ada dua term yang digunakan dalam tulisan ini. Pertama, “demokrasi inklusif”; term ini ingin menegaskan bahwa difabel bukan lagi sebagai orang yang hanya dijadikan objek saja, akan tetapi kaum difabel diposisikan sebagai subjek warganegara. Dengan kata lain, kaum difabel merupakan bagian dari entitas sistem politik dan sistem masyarakat, yang memiliki hak untuk ikut serta dalam kompetisi politik praktis. Kedua, “nilai-nilai profetik”; sebagai elaborasi kajian difabilitas dan studi Islam, maka penting melakukan interelasi antara difabilitas dengan nilai-nilai profetik. Kajian disabilitas dengan Ilmu Sosial Profetik (ISP), sebagai upaya melakukan transformasi sosial, agar  didapatkan sebuah pemahaman yang lebih humanis-transenden terhadap kaum difabel dalam konteks ke-Indonesiaan. Adapun hasil dari kajian ini adalah bahwa demokrasi inklusif berbasis paradigma profetik dalam konteks ke-Indonesiaan, dikonstruksi atas empat pilar, yaitu nilai humanisasi, liberasi, transendensi, dan masyarakat inklusif.]
LEGAL ANALYSIS OF UNLAWFUL ACTS RESULTING IN PATIENT PARALYSIS POST-CHIROPRACTIC THERAPY Putra, Akbar Avatar Silas; Fikri, Abdullah
Awang Long Law Review Vol. 8 No. 2 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i2.2013

Abstract

This study aims to analyze the legal aspects of unlawful acts causing paralysis in patients following chiropractic therapy. Chiropractic therapy, as a form of alternative medicine, has grown in popularity; however, serious complications such as paralysis require thorough examination of the therapist’s legal liability. This research employs normative and empirical approaches by reviewing health regulations and tort law principles. Data were gathered through literature review and interviews with victims and health law experts. The findings indicate that chiropractic practitioners must adhere to established standards and possess recognized expertise to avoid patient harm. If paralysis occurs due to negligence or procedural errors, practitioners may face legal sanctions based on unlawful acts, including compensation claims and criminal liability. The study recommends stricter supervision of chiropractic practices by relevant authorities to protect patients’ rights and prevent unlawful conduct. In conclusion, the legal analysis strengthens patient protection post-chiropractic therapy and clarifies the responsibility limits of the practitioners.