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Disable: Law Review
Published by Universitas Negeri Surabaya
ISSN : 31092160     EISSN : 31092055     DOI : https://doi.org/10.26740/disable.v1i1.40360
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Disable: Law Review which provides a forum for academic development and interdisciplinary studies on legal protection and human rights. To that end, this Journal develops innovative studies and promotes critical perspectives on the practice of legal protection and human rights in the context of inclusivity especially on contemporary issues that have global and broad discourse.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
 1   2 
Reconstruction of Norms for Women with Disabilities as Victims of Sexual Violence Larasati, Alexsandria Pinkan; Aditya, Maudy Dea; Febrianti, Sabrina Azzahra Cesaria; Azzahro, Ratih Fauziah; Arum, Mawardi Junila; Tanjaya, Gilbert Audrict
Disable Vol. 1 No. 1 (2025): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/disable.v1i1.40301

Abstract

This article aims to develop policy recommendations that can be implemented to improve legal protection and accessibility for women with disabilities in the criminal justice system. Women with disabilities are a vulnerable group who often experience physical, social, and structural barriers in accessing justice. The method used in this research is normative juridical. This method relies on the analysis of applicable positive law and is associated with the principles of justice and the protection of human rights. Data was collected through legislation, official documents, and relevant legal literature, including academic studies and reports from disability protection agencies. The results showed that there is a need to revise the law to include special provisions that protect the rights of women with disabilities, as well as increased training for law enforcement officers on issues of disability and gender-based violence. Thus, it is hoped that the criminal justice system in Indonesia will become more responsive, inclusive, and fair in handling cases involving women with disabilities as victims, witnesses, and perpetrators, to achieve substantive justice for all citizens
Violation of the Right to Decent Work for Persons with Disabilities Firmanda, Kemal; Tethuka, Balu; Aini, Azka Putri Nur; Aulia, Puput Rizky; Saputra, Rizqi Purnama Trian; Fadil, Muhammad; Wajdi, Muhammad Farid; Mahendra, Yusril
Disable Vol. 1 No. 1 (2025): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/disable.v1i1.40334

Abstract

Equal rights for individuals with disabilities. This research investigates different sign language training centers, accommodation options, and assistive devices for disabilities, focusing on accessibility for individuals with disabilities. The study's findings show that there are insufficient advancements in accessibility, with numerous obstacles still encountered by individuals with disabilities. These obstacles consist of insufficient disability-accessible facilities, scarcity of readily available information, and low awareness among the community and policymakers about the unique requirements of individuals with disabilities. This research indicates that enhanced regulation and oversight are necessary, alongside the active involvement of all stakeholders, to achieve inclusive and accessible facilities for individuals with disabilities. It is therefore anticipated that individuals with disabilities will be able to fully exercise their rights and engage in community life without facing discrimination.
Legal Protection for Criminal Acts Against Disabled Perpetrators Natasya , Ezika Viki; Reyvan, Achmad Reyvan Fatony; Pramesti , Mei Windi; Ramadani, Layla Maha Putri; Azzahra , Excella Bunga
Disable Vol. 1 No. 1 (2025): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/disable.v1i1.40339

Abstract

The increasing global recognition of disability rights highlights a critical gap in the legal           protection of offenders with disabilities. This issue is especially pressing as traditional criminal justice systems often fail to fully address the specific vulnerabilities and needs of individuals with disabilities who come into conflict with the law. These systems frequently lack the necessary accommodations, which may result in continued discrimination and hinder the rehabilitative goals of justice. This study employs normative legal research methods to conduct a comprehensive analysis of relevant laws, regulations, and judicial decisions concerning disabled offenders. The primary aim is to identify deficiencies in the existing legal framework and propose substantive reforms to ensure a more just and equitable application of criminal law. Preliminary findings reveal that while general provisions for vulnerable groups exist, specific and comprehensive protections for disabled offenders remain inadequate. This deficiency often leads to potential miscarriages of justice and obstacles to meaningful rehabilitation. According to the research underscores the urgent need for criminal justice systems to adopt a more inclusive and human rights-based approach in their treatment of individuals with disabilities.
Protection of Disability in the World of Work Through Law Number 8 of 2016 Nurhayati, Sherly Putri; Badriyah, Firyal Nurul; Firdaningrum, Ayunda; Maulida, Nabila Amalia; Mumtazah, Eny Faizah; Harmako, Vira Giatyffany; Pamungkas, Ayu Ajeng
Disable Vol. 1 No. 1 (2025): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/disable.v1i1.40360

Abstract

Persons with disabilities in Indonesia continue to face numerous obstacles in accessing decent employment, despite the enactment of legal protections such as Law Number 8 of 2016, which is intended to safeguard their rights. Although this regulation is intended to serve as a strong foundation for promoting equality in the labor market, its implementation has not yet met expectations. Findings from this study indicate that the policy's implementation remains suboptimal due to weak institutional oversight, limited employer awareness of the capabilities of persons with disabilities, inadequate workplace accessibility, insufficient dissemination of disability rights, lack of incentives for inclusive employers, and the scarcity of necessary support facilities. These issues were identified through legislative, conceptual, and comparative approaches involving both primary legal materials and relevant secondary sources. To foster equal employment opportunities, strategic measures are needed, such as strengthening labor supervision systems, offering fiscal incentives to inclusive companies, improving the physical accessibility of work environments, and providing comprehensive job training programs tailored for persons with disabilities
The Urgency of Formulating Clear Accessibility Norms for the Effectiveness of Fulfilling Disability Rights Habeahan, Monalisa Anggraini; Aulia, Dina Lolita; Rini, Arum Prasetya; Anggraini, Faza Rahma; Sjamsu, Sjazilda
Disable Vol. 1 No. 1 (2025): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/disable.v1i1.40384

Abstract

People with disabilities in Indonesia still face various obstacles in fulfilling their rights, especially in relation to accessibility, discrimination, and negative stigma. This study examines the implementation of Law No. 8 Year 2016 regarding persons with disabilities, which is not fully effective in ensuring physical access, transportation, education, and employment opportunities for persons with disabilities. This study uses a normative legal method with a qualitative approach to analyze the unclear legal definition of “accessibility” and its impact on the performance of the rights of persons with disabilities. The results of the study show that there are national and local regulations, such as those in Denpasar City and BOA Lemory Regency, which still limit discrimination and access to public institutions. Cultural factors and local values also influence local governments' acceptance of the rights of persons with disabilities. This article provides recommendations for the government to create an integrated environment and design more detailed guidelines regarding accessibility to support the independence of persons with disabilities.
Challenging the “Half-Hearted” Fulfillment of the Rights of Workers with Disabilities Abrianto, Bagus Oktafian; Tinambunan, Hezron Sabar Rotua
Disable Vol. 1 No. 1 (2025): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/dlr.v1i1.45076

Abstract

This study finds that there is a persistent legal conflict and regulatory disharmony between national provisions on disability employment quotas and their implementation at the company level. Empirical evidence shows that many companies fail to meet the quota obligation due to the absence of qualified applicants with disabilities, unprepared workplace environments, and the lack of operational technical guidelines. Furthermore, the absence of explicit sanctions in existing regulations creates legal uncertainty and weakens enforcement. Using a normative legal method with a statute and conceptual approach, this research analyzes the relevant legal framework and constructs arguments based on legal principles and theories in labor law concerning the rights of persons with disabilities. The study reveals that the current regulatory framework lacks integrated monitoring mechanisms, measurable evaluation indicators, and clear administrative sanctions, while also failing to provide incentives that could encourage compliance. The novelty of this research lies in offering a combined legal and policy framework that bridges the gap between normative provisions and practical implementation, supported by recommendations for detailed technical guidelines, accessibility audits, and structured incentive schemes. These findings contribute to strengthening inclusive labor policies in Indonesia, ensuring that the principle of inclusivity becomes a measurable and enforceable standard rather than a rhetorical aspiration.
Corporate Social Responsibility For Disability Employment Protection In Indonesia Sahila, Adinda Agnes; Nasikhah, Oxtavia Fafirotun; Wicahyoko, Risya Syifa; Habibi, Ilhamu Yaa
Disable Vol. 1 No. 2 (2025): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/dlr.v1i2.52161

Abstract

The fulfillment of the right to work for persons with disabilities remains a significant legal issue in Indonesia despite the existence of regulatory frameworks guaranteeing equal employment opportunities. From a disability rights perspective, the right to work constitutes a fundamental component of human dignity and equality. However, the implementation of such rights remains limited due to structural barriers, discrimination, and weak enforcement of legal obligations. This study adopts a human rights-based approach to analyze the role of Corporate Social Responsibility (CSR) in supporting disability employment rights and strengthening inclusive legal protection. The research aims to examine the legal regulation of CSR obligations and to assess their potential integration into disability-inclusive employment policies in Indonesia. This research uses normative legal methods with statutory and conceptual approaches. The findings indicate that although Indonesia has established a relatively comprehensive legal framework, there is a lack of explicit integration between CSR obligations and disability employment protection. This reflects a gap in inclusive legal protection mechanisms. Therefore, this study highlights the need to reposition CSR as a binding legal responsibility aligned with human rights principles, in order to strengthen inclusive employment systems for persons with disabilities.
Harmonizing Access to Justice and Legal Protection for Victims of Sexual Violence with Intellectual Disabilities Fitri Salsabillah, Sarah; Arfika Sukma, Reva; Layalia Azzahra , Luthfiyya; Bin Mukhairil Azni , Muhammad Amar Adni; Indah Indriyani, Suwidia
Disable Vol. 1 No. 2 (2025): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/dlr.v1i2.52181

Abstract

Victims of sexual violence involving people with intellectual disabilities face two major barriers in Indonesia’s criminal justice system: a high risk of victimization and limitations in giving effective testimony. Although Indonesia’s substantive legal framework guarantees protection for persons with disabilities, implementation is hindered by procedural rigidities in the Criminal Procedure Code (KUHAP). This gap between normative rights and procedural practice risks procedural discrimination that obstructs access to justice. Using a normative juridical method with statutory, conceptual, and comparative approaches, this study examines KUHAP, national disability-related instruments, and Malaysian legal instruments. Findings show Indonesia still relies heavily on law enforcement discretion to provide procedural accommodations, while Malaysia has adopted more adaptive mechanisms such as live-link testimony, intermediaries, and admissible pre-recorded statements. As a novelty, this study proposes a procedural harmonization model: expanding the definition of witness, mandating special counsel involvement, and implementing trauma-informed individual assessments in KUHAP. This model aims to strengthen equal, inclusive, and non-discriminatory access to justice for victims with intellectual disabilities in Indonesia’s criminal justice system.
Normative Gaps in the Protection of Education Rights of Persons with Intellectual Disabilities in the Inclusive Education System Marchellino, Gesang; Ata Muttaqien, Fahmi; Akbar Mulyansyah, Aulia; Media Cakrawala, Galang; Prasetiadi Nurdiansyah , Aryatama
Disable Vol. 1 No. 2 (2025): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/dlr.v1i2.52185

Abstract

People with intellectual disabilities face the greatest systemic risk of educational rights violations, largely due to social stigma and weak legal protection. Under international human rights law, states are obligated to respect, protect, and guarantee these rights as outlined in the Convention on the Rights of Persons with Disabilities (CRPD). However, Indonesia’s domestic legislative framework does not adequately reflect these responsibilities. Research on the normative adequacy of legal protection in education for people with intellectual disabilities remains rare. This article addresses that gap through normative legal research and conceptual analysis, focusing on obligations of fulfillment and reasonable accommodation. The study examines Law No. 8 of 2016, Government Regulation No. 13 of 2020, Minister of Education and Culture Regulation No. 70 of 2009, and the CRPD. Findings highlight three concerns: the absence of specific protection norms, inconsistencies between international obligations and domestic regulations, and the lack of accessible repressive protection mechanisms. These shortcomings show Indonesia’s obligations are implemented only formally, without substantive effect. Therefore, regulatory reform is essential to achieve substantive equality and ensure the educational rights of individuals with intellectual disabilities, not as social policy but as a binding legal obligation.
Legal Protection in Fulfilling the Right to Employment for Persons with Disabilities Rifatul Ulya, Tahta; Nailarruhma, Zuiyin Zuhda; Adilia, Alya Alfa; El-Fadholy, Ahmad Azza
Disable Vol. 1 No. 2 (2025): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/dlr.v1i2.52191

Abstract

This study explores the gap between normative legal protection and the actual implementation of employment rights for persons with disabilities in Indonesia’s Civil Servant (ASN) recruitment. Although affirmative action policies mandate a minimum quota of 2%, representation remains far below the threshold. The core issue lies in inconsistencies between legal norms and technical practices, especially administrative and medical requirements that often prove discriminatory. Using a normative legal method with statutory and conceptual approaches, the research draws on laws and regulations concerning disability and civil service, alongside scholarly literature. Analysis employs systematic, grammatical, and teleological interpretation. Findings reveal ineffective implementation due to regulatory disharmony, restrictive medical standards, lack of reasonable accommodation, and weak oversight, all of which create structural barriers to equal access. This study contributes by linking legal protection frameworks with recruitment mechanisms—an area rarely examined—and proposes reforms including regulatory harmonization, a shift from medical to functional assessment, and stronger supervisory institutions. These measures are essential to ensure substantive equality and uphold employment rights for persons with disabilities in civil service recruitment.

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