Guardianship Model for People with Disabilities in Indonesia

Indonesia’s constitution contains number of articles strictly regulate human rights including for disabilities people. Article 32 Law 8/2016 concerning Person with Disabilities (PwD) states PwD may be declare incompetent based on the declaration of the court and should be under guardianship. This law not yet accommodating guardianship arrangements which the court declaration does not guaranteed their rights and necessary interest legally protected. Research result in several guardianship cases, PwD experienced discrimination in both criminal and civil rights especially in making agreements. This is library research using various literatures of related laws and regulations with human rights approach by examining protection elements both in national and international convention of PwD. This research found and concluded that Indonesia needs guardianship institution with the main task of being the authority to appoint guardians through court declaration regulated by law as a form of the equality before the law principle.