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INDONESIA
Disable: Law Review
Core Subject : Social,
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 14 Documents
Uncertainty of Sanction Norms in Safeguarding Political Rights of Disabled Voters in Indonesia I Kadek Achmad Ricardo Riyan Saputra; Satrio Prawirajaya; Rangga Putra Adinata; Fitria Damayanti; Azwar Siri
Disable Vol. 2 No. 1 (2026): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/dlr.v2i1.52154

Abstract

The protection of political rights is a fundamental element of democratic governance and reflects the principle of equality before the law. Within a democratic framework, all citizens are entitled to engage in political processes without discriminatory barriers, including individuals with disabilities. Their involvement may take multiple forms throughout the electoral process, whether as voters, electoral candidates, or contributors to the administration of elections. Although these rights have been formally recognized within the national legal framework, their effective implementation in practice continues to encounter various challenges. Significant challenges persist, especially in guaranteeing adequate accessibility throughout the electoral process. This study contributes to the debate on legal certainty by examining sanction norms within the hierarchy of laws and regulations governing disability rights in elections. The analysis focuses on the relationship between general guarantees of disability rights, the broader legal framework governing elections, and technical administrative guidelines developed by electoral institutions. Using normative legal research with statutory and conceptual approaches, the study finds that although the regulatory structure appears formally aligned, the provisions concerning sanctions remain general and lack clarity. This condition weakens the effectiveness of legal protection and may hinder the realization of accessible and inclusive elections for persons with disabilities.
Synchronization of Labor Protection Norms Through a Reasonable Accommodation Approach Arika Rachmah; Taletha Audrey Az Zahraqeela Novangelista; Nasywa Khalisa Putri Pinilihan; Moosa Sheikh; Widya Daniswara
Disable Vol. 2 No. 1 (2026): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/dlr.v2i1.52160

Abstract

In Indonesia, the employment rate of the deaf community is still low, with most working in the informal sector. This is despite their constitutional rights and the country's commitment to the Convention on the Rights of Persons with Disabilities (CRPD). This situation highlights the difference between the legal recognition of labor rights and their actual application. This study examines the legal framework governing the factors contributing to the failure of labor market integration from normative, structural, and implementation perspectives, as well as the rights and obligations of deaf workers from a comparative legal perspective, and formulates an inclusive, rights-based regulatory model. A normative legal approach with prescriptive analysis, vertical-horizontal regulatory synchronization, and a comparative study with the UK’s Equality Act 2010 and the principle of reasonable accommodation were employed in this study. The results show that the quota-based approach in Indonesia is constrained by unclear technical accommodations, weak sanctions, and regulatory inconsistencies, resulting in work inclusion that is largely formalistic with low compliance rates. The failure to achieve employment targets is attributed to misinterpretations of the “physically healthy” requirement, structural weaknesses regarding the financing of assistive technology, and implementation practices that rely on corporate interpretation. This study recommends the establishment of a Disability Employment Fund, the integration of the principle of reasonable accommodation, and the strengthening of the role of the Disability Committee to ensure sustainable access to employment and shift the perception of disability from a cost burden to a productive asset.
The Gap Between Legal Norms and Practice in Protecting Persons with Disabilities Against Employment Discrimination Dwi Risky Ananda; Fatma Sari Ramadhani; Nasywa Kirana; Zahra Aulia Salma
Disable Vol. 2 No. 1 (2026): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/dlr.v2i1.52162

Abstract

This article discusses legal protection for persons with disabilities in the employment sector in Indonesia. Law Number 8 of 2016 provides a strong legal foundation through the recognition of the right to work, protection from discrimination, accessibility, and affirmative policies in the form of employment quotas. However, this legal protection has not been effectively implemented in practice. The main challenges lie in weak implementation, lack of synchronization between regulations and implementing policies, and the government’s limited attention to the economic and educational aspects of persons with disabilities. As a result, persons with disabilities still face barriers in obtaining equal employment opportunities. Therefore, strengthening legal protection requires more effective implementation through policy harmonization, enhanced supervision, and the provision of reasonable accommodation to ensure equality in the workplace
Legal Recognition of Hidden Disabilities in Higher Education Maura Olivia Azzahra; Nayazea Cleo Elvaretta; Fiantika Arla Rahmania; Siti Marátus Rahimatin; Prajna Eka Galuh
Disable Vol. 2 No. 1 (2026): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/dlr.v2i1.52510

Abstract

Hidden disabilities often receive limited attention in inclusive education because they are difficult to identify, creating barriers to academic accommodations in higher education. Although Indonesia has regulations protecting the rights of persons with disabilities, its legal framework does not specifically regulate administrative recognition mechanisms for hidden disabilities. This study examines the absence of normative and administrative standards for recognizing hidden disabilities in higher education, which hinders the effective implementation of disability rights. Using a normative juridical method with statutory, conceptual, and human rights approaches, this research analyzes Indonesian disability regulations and relevant international human rights instruments. The findings show that existing legal protections remain inadequate because they lack adaptive recognition procedures that ensure equal access to academic support. This article proposes the Inclusive Hidden Disability Recognition System (IHDRS) as a normative-administrative framework to strengthen inclusive education governance. The study's novelty lies in positioning administrative recognition as an essential component of disability rights protection and establishing a legal framework linking human rights principles with institutional recognition mechanisms for students with hidden disabilities.

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