Proceedings of the 5th International Conference on Law, Social Sciences and Education, ICLSSE 2023, 1st June 2023, Singaraja, Bali, Indonesia

Research Article

Legal Protection for Persons with Disabilities in Indonesia in the Perspective of Human Rights

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  • @INPROCEEDINGS{10.4108/eai.1-6-2023.2341431,
        author={Ni Putu Rai  Yuliartini and Ni Made Celin  Darayani and Komang Citra  Pratiwi},
        title={Legal Protection for Persons with Disabilities in Indonesia in the Perspective of Human Rights},
        proceedings={Proceedings of the 5th International Conference on Law, Social Sciences and Education, ICLSSE 2023, 1st June 2023, Singaraja, Bali, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSE},
        year={2023},
        month={12},
        keywords={human rights persons with disabilities legal protection},
        doi={10.4108/eai.1-6-2023.2341431}
    }
    
  • Ni Putu Rai Yuliartini
    Ni Made Celin Darayani
    Komang Citra Pratiwi
    Year: 2023
    Legal Protection for Persons with Disabilities in Indonesia in the Perspective of Human Rights
    ICLSSE
    EAI
    DOI: 10.4108/eai.1-6-2023.2341431
Ni Putu Rai Yuliartini1,*, Ni Made Celin Darayani1, Komang Citra Pratiwi1
  • 1: Universitas Pendidikan Ganesha
*Contact email: raiyuliartini@gmail.com

Abstract

Human rights must be used as a paradigm to view people with disabilities as diversity that exists in society. Persons with disabilities are those who have physical, mental, intellectual, or sensory limitations and have the right to be recognized as legal subjects. Any legal subject is inherently capable of acting, unless the law otherwise requires. The people who were legally declared incompetent were among those detained. The purpose of this study is to discuss the issue of legal protection for persons with disabilities in Law Number 8 of 2016 and the Civil Code based on Human Rights and the Convention on the Rights of Persons with Disabilities. The research was conducted using normative juridical methods. In this study, secondary data will include primary legal material, secondary legal material, and tertiary legal material. Primary legal materials consist of Law No. 8 of 2016, the Civil Code and CRPD. Secondary legal material consists of related books, articles, and journals. While tertiary law material consists of dictionaries and information obtained through the internet. The results showed that there were several inconsistencies and disharmonies in the regulation regarding the protection of persons with disabilities in Law Number 8 of 2016 on Human Rights.