Research Article
Deconstructing the Legal Procedure for Guardianship in Indonesia: An Embodiment Approach to Disability
@INPROCEEDINGS{10.4108/eai.21-11-2023.2352652, author={Richard Kennedy}, title={Deconstructing the Legal Procedure for Guardianship in Indonesia: An Embodiment Approach to Disability}, proceedings={Proceedings of the 3rd AIDRAN Biennial Conference: International Conference on Disability Rights, ICDR 2023, 21-- 23 November 2023, Yogyakarta, Indonesia}, publisher={EAI}, proceedings_a={ICDR}, year={2024}, month={12}, keywords={assistive decision-making; guardianship system; legal capacity; psychosocial disability; right to legal identity}, doi={10.4108/eai.21-11-2023.2352652} }- Richard Kennedy
Year: 2024
Deconstructing the Legal Procedure for Guardianship in Indonesia: An Embodiment Approach to Disability
ICDR
EAI
DOI: 10.4108/eai.21-11-2023.2352652
Abstract
People with psychosocial disabilities in Indonesia often face barriers to exercise their legal capacity. Although Indonesia ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2011, they still impose the guardianship system, restricting the right to legal identity due to psychosocial and intellectual disability. Article 433 of the Indonesian Civil Code and Article 32 of the Indonesian Disability Act 2016 legitimise this procedure. This article examines the legal procedure of the guardianship system in Indonesia using an embodiment approach to disability. The author conducted a legal literature review to gather the data. This article found that the legal procedure on guardianship in Indonesia is pathologizing the voices and lived experiences of people with psychosocial disabilities. Moreover, this expert-led- assessment practice has been preserved by Article 82 of the New Indonesian Health Act 2023. Finally, this paper suggests using an embodiment approach to disability to construct a new alternative to assistive decision-making procedures in Indonesia.
