Mimbar Keadilan
Vol 18 No 1 (2025): Februari 2025

Upholding the Rights of Persons with Disabilities Through the Difference Principle

Shodikin, Miftakhul (Unknown)
Hadi, Syofyan (Unknown)



Article Info

Publish Date
26 Jan 2025

Abstract

The right to work is a right for every citizen to earn a decent living for humanity. However, injustice is still often felt by people with disabilities who often face challenges in accessing this right. The difference principle asserts that inequality is only acceptable if it provides the greatest benefit to the most disadvantaged. This principle is an appropriate analytical tool to evaluate how employment policies in Indonesia have succeeded in minimizing the inequalities faced by persons with disabilities. Therefore, this research aims to explain the difference principle prioritizes the well-being of those who are most disadvantaged or marginalized. This study aims to analyze the legal issues through a normative legal lens, incorporating both statutory and conceptual analysis. Through normative analysis and deductive reasoning, the result of this research is that the regulation of the right to work for persons with disabilities is not yet optimal in accordance with the difference principle. Such as special quota policies that are not accompanied by strict sanctions, training, and job fairs that are still general and have yet to fully meet the unique requirements of individuals with disabilities. The inclusive recruitment process, which should be a must, is a phrase in the article that regulates the possibility (optional) instead of an obligation (mandatory). Meanwhile, the limited authority of the Disability Service Unit (ULD) in the employment sector and the weak institutional structure of the National Commission on Disability (KND), which is far from independent, include the barriers that individuals with disabilities encounter in accessing their right to employment.

Copyrights © 2025






Journal Info

Abbrev

mimbarkeadilan

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Mimbar Keadilan is published by the Law Faculty Laboratory of Law Faculty, University of August 17, 1945, Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. Mimbar Keadilan is ...