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THE ISSUES OF IMPLEMENTING THE RIGHT ACCESS TO JUSTICE FOR PEOPLE WITH DISABILITIES Mutiah Wenda Juniar; Arini Nur Annisa; Nanda Yuniza; Andi Dahsyat
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (432.04 KB) | DOI: 10.56301/awl.v5i1.552

Abstract

This research aims to find out what are the issues of implementing right access to justice in Indonesia and what are the possible solution to overcome the issues. This research used normative and doctrinal research method. The collection of legal materials was conducted by using literature and field research. The results of this research find out that there are at least four issues in implementing access to justice for people with disabilities in Indonesia. The issues are limited access to information regarding right access to justice; physical barriers; limited access to information regarding right access to justice and; lack of support and accommodation. Possible solution to overcome those issues such as providing regular training for legal enforcement regarding treatment for persons with disability, adjusting infrastructure to be accessible for persons with disabilities, utilizing technology to ease communication in all accessible format and providing services and reasonable accommodation based on personal assessment for persons with disabilities who are encountering legal cases.
GOVERNMENT SUPERVISION OF THE RIGHTS FULFILLMENT OF HOUSED WORKERS IN THE TRANSITION PERIOD Arini Nur Annisa; Mutiah Wenda Juniar; Rismawati Nur; Muh Ramadhansyah Prasetia
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.827 KB) | DOI: 10.56301/awl.v5i1.559

Abstract

This study aims to determine the form of supervision carried out by the government on the fulfillment of the rights of laid-off workers and to analyze the effectiveness of the wage system policy and welfare of laid-off workers using empirical normative research methods that use research materials in the form of primary data obtained from field research and secondary data collected obtained from various laws and regulations, books, articles, and theoretical materials related to the object of research. The results show that the form of supervision carried out by labor inspectors tends to be non-judicial repressive in nature by waiting for complaints from workers/laborers and then making tripartite settlements through mediation. The fulfillment of the rights of laid-off workers/laborers through various government policies cannot run effectively which is influenced by three factors, namely, a) labor regulations that do not contain strict sanctions for violations of the fulfillment of workers' rights, b) law enforcers, namely labor inspectors and Civil servant investigators must have qualified legal knowledge related to employment and be active in conducting supervision, and c) Legal culture, especially workers and employers.
LEGAL GOVERNANCE OF ROHINGYA REFUGEE AFFAIRS IN ACEH: A CONSTITUTIONAL PERSPECTIVE Hakim, Adib; Arini Nur Annisa
JURNAL SULTAN: Riset Hukum Tata Negara Volume 2 Nomor 2 April 2024
Publisher : Program Studi Hukum Tata Negara, Institut Agama Islam Negeri Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/sultan_htn.v2i2.7990

Abstract

This study aims to analyze the implementation of governance for refugees who come to Indonesia, in this case, Rohingya refugees. The arrival of Rohingya refugees in Indonesia has introduced complexity to the regional response, posing challenges for the Indonesian government in upholding humanitarian standards, ensuring proper living conditions, and managing public sentiments. This research employs a juridical-normative approach to analyze the legal norms governing the Indonesian government's policies on Rohingya refugees, focusing on instruments like Presidential Regulation 125/2016. By examining legal regulations and sources, this study identifies and evaluates the legal implications of implemented policies, assessing their alignment with prevailing legal principles. The international legal framework, including the 1951 UN Refugee Convention and the 1967 Protocol, alongside Indonesia's comprehensive immigration legal framework (Law Number 6 of 2011), is crucial. Despite these legal foundations, challenges persist in handling Rohingya refugees in Aceh, highlighting a disconnect between the legal framework and on-the-ground realities, notably in the face of local community rejection.
The Effectiveness of Supported Decision-Making in Election for Persons with Disabilities in Indonesia Juniar, Mutiah Wenda; Arini Nur Annisa; Ismail Iskandar; Nanda Yuniza; Wanda Anggraeni
Jurnal Mulawarman Law Review Vol 9 No 2 (2024): Mulawarman Law Review
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i2.1579

Abstract

This research objective is to determine the effectiveness of implementing supported decision-making (SDM) in elections for persons with disabilities in Indonesia. Thus, there are two research questions: how is the current implementation of supported decision-making in Indonesia, and second, what are the issues Indonesia has encountered in implementing Supported Decision-Making (SDM), and what are the strategies to implement SDM effectively to fulfill the political rights of persons with disabilities in Indonesia. The research method is qualitative; we interviewed several relevant stakeholders to obtain primary data and used relevant literature and reports to obtain secondary data. Thus, the result of the research shows that currently, Indonesia has implemented SDM, which is known as guardianship, specifically for persons with intellectual and mental disabilities during the elections. However, several issues hamper the implementation, such as the lack of understanding or awareness from the families and providers regarding SDM, lack of regulations, and the dilemma of autonomy and secrecy. Thus, there must be some strategies to implement effective SDM, such as providing specific regulations on providing reasonable accommodation for election, providing training for the providers on the election, open accessible information to the public and persons with disabilities regarding SDM, and collaboration with Disabilities Organization.
The Effectiveness of Supported Decision-Making in Election for Persons with Disabilities in Indonesia Juniar, Mutiah Wenda; Arini Nur Annisa; Ismail Iskandar; Nanda Yuniza; Wanda Anggraeni
Jurnal Mulawarman Law Review Vol 9 No 2: Mulawarman Law Review - December 2024
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i2.1579

Abstract

This research objective is to determine the effectiveness of implementing supported decision-making (SDM) in elections for persons with disabilities in Indonesia. Thus, there are two research questions: how is the current implementation of supported decision-making in Indonesia, and second, what are the issues Indonesia has encountered in implementing Supported Decision-Making (SDM), and what are the strategies to implement SDM effectively to fulfill the political rights of persons with disabilities in Indonesia. The research method is qualitative; we interviewed several relevant stakeholders to obtain primary data and used relevant literature and reports to obtain secondary data. Thus, the result of the research shows that currently, Indonesia has implemented SDM, which is known as guardianship, specifically for persons with intellectual and mental disabilities during the elections. However, several issues hamper the implementation, such as the lack of understanding or awareness from the families and providers regarding SDM, lack of regulations, and the dilemma of autonomy and secrecy. Thus, there must be some strategies to implement effective SDM, such as providing specific regulations on providing reasonable accommodation for election, providing training for the providers on the election, open accessible information to the public and persons with disabilities regarding SDM, and collaboration with Disabilities Organization.