Inequality in Legal Protection for Persons with Disabilities in the Justice System: An Analysis of Implementation and Vague Norms

Abstract

Objective: This research aims to examine the legal framework governing the protection of persons with disabilities in the justice system in Indonesia, with the aim of evaluating the effectiveness of the implementation of the rights of accessibility and equal justice for persons with disabilities at various stages of the legal process.

Theoretical Framework: The analysis is based on transformative justice theory and human rights doctrine, specifically referring to Law No. 8/2016 on Persons with Disabilities as well as the UN Convention on the Rights of Persons with Disabilities (CRPD), which emphasizes the importance of substantive equality and the removal of structural barriers in access to justice.

Method: This research uses a normative and socio-legal juridical approach, by analyzing laws and regulations, literature studies, and reviewing actual cases related to the implementation of the rights of persons with disabilities in court. Data was obtained from laws, court decisions, and scientific articles.

Results and Discussion: Findings show that there are inconsistencies between legal norms and judicial practices, such as the unavailability of supporting facilities (sign language interpreters, special assistants), as well as discrimination and social stigma. These barriers reinforce the structural injustices experienced by persons with disabilities.

Research Implications: This research highlights the need for more specific regulatory revisions, capacity building of legal officers, and cross-sector collaboration to create a justice system that is more inclusive and responsive to the needs of people with disabilities.

Originality/Value: The contribution of this research lies in critically analyzing the gap between policy and practice on legal protection for persons with disabilities in Indonesia, and offering recommendations based on international models for national legal reform.