scholarly journals EDUKASI UNDANG-UNDANG NOMOR 8 TAHUN 2016 TENTANG PENYANDANG DISABILITAS DI KECAMATAN SEWON KABUPATEN BANTUL

2019 ◽  
Vol 1 (1) ◽  
pp. 41-46
Author(s):  
Despan Heryansyah ◽  

The poor public servants of persons with disabilities are caused by many things, ranging from the educational background of village government officials, to the culture that has lived and developed in the community that people with disabilities cannot be equated with other normal people. However, efforts to create public services that are equal and friendly to persons with disabilities must continue, this is not only in order to protect the human rights of every citizen but also in carrying out the mandate of the constitution. Facing this condition, the Indonesian Government then issued Law Number 8 of 2016 concerning Persons with Disabilities. This law is the basis and reference for the government in providing services to persons with disabilities with a basic concept of respect for human dignity. The basis of service for persons with disabilities is at least related to two things, the main focus of which is on removing barriers. First, the availability of facilities and facilities available to reach persons with disabilities. Second, the paradigm of the government or government apparatus for persons with disabilities in providing public services. Sewon Subdistrict was used as an object of service because it considered quite a lot of disability operators. Indeed, until now, there is no definite number of persons with disabilities in Sewon sub-district, because the government itself does not conduct the database. Admittedly, this is one of the weaknesses that have occurred so far, let alone responsiveness and response to a number of problems they face, even the data collection on the number of the local government does not have it

2021 ◽  
Vol 4 (1) ◽  
pp. 1-48
Author(s):  
Muhammad Dahlan ◽  
Syahriza Alkohir Anggoro

The opportunity to fulfill the rights to work for persons with disabilities has been increasing since the ratification of Convention on the Rights of Persons with Disabilities (CRPD). Indonesia has adopted a “quota scheme” through the Law Number 8 of 2016 on Persons with Disabilities where government institution has set a minimum quantity of two percent as the number of workers for persons with disabilities as affirmative action targeted at promoting human rights. This article examines the progress of the legal framework for persons with disabilities by using a case study in civil cervants in the public sector. We argue that despite Indonesia’s disability legal regime has pushed the social model of disabilities that promotes human rights-based approach, its implementation is still based on the medical model of disability, in which it sees persons with disabilities on physical condition, and thus, they are assumed to be able to work in a certain field determined by the government. This article argues that affirmative policy does not provide equal opportunities to persons with disabilities as the special formation and medical requirements prevent them from applying for occupations that match their interests and educational background. The use of the medical model of disability in providing employment opportunities in the public sector prevents the level of participation and the formation of an inclusive workplace environment. Abstrak Peluang untuk memenuhi hak atas pekerjaan bagi para penyandang disabilitas terus meningkat sejak ratifikasi Convention on the Rights of Persons with Disabilities (CRPD). Indonesia mengadopsi “skema kuota” melalui UU Nomor 8 Tahun 2016 tentang Penyandang Disabilitas di mana institusi negara menetapkan minimal dua persen jumlah formasi pekerja bagi para penyandang disabilitas sebagai tindakan afirmatif yang ditargetkan untuk mempromosikan hak asasi manusia. Artikel ini memeriksa sejauh mana kerangka kerja hukum disabilitas di Indonesia memfasilitasi pemenuhan hak atas pekerjaan bagi penyandang disabilitas dengan menggunakan contoh kasus pada penyelenggaraan ketenagakerjaan di sektor publik. Kami berpendapat bahwa meskipun rezim hukum disabilitas di Indonesia menekankan model sosial disabilitas yang mempromosikan pendekatan berbasis hak asasi manusia, implementasinya masih didasarkan pada model medis disabilitas yang memandang penyandang disabilitas berdasarkan kondisi fisik dan karenanya diasumsikan hanya dapat masuk pada bidang pekerjaan yang telah ditentukan oleh negara. Artikel ini berpendapat bahwa kebijakan afirmatif tidak memberikan peluang yang setara bagi penyandang disabilitas karena formasi khusus dan persyaratan medis menghambat mereka untuk melamar pada bidang pekerjaan yang sesuai dengan minat dan latar belakang pendidikannya. Penggunaan model medis disabilitas dalam penyelenggaraan kesempatan kerja di sektor publik pada gilirannya menghambat tingkat partisipasi dan pembentukan lingkungan kerja yang inklusif.


2020 ◽  
Vol 8 (1) ◽  
pp. 58
Author(s):  
Syafrida Syafrida ◽  
M.T Marbun

Public services can be provided by the government or by the private sector in the form of goods, services, and public administration that can be used to meet the needs and interests of the community. The implementation of available services by administrators does not rule out human rights violations. One of the characteristics of the rule of law is respect for human rights. The most basic human rights given by the Powerful are obliged to be recognized, respected by everyone. However, the reality is that in the implementation of public services, there is a possibility that actions that violate human rights may occur. Formulation of how public servants from the perspective of human rights and efforts to prevent violations of human rights in available services. The purpose of writing is to find out public services from a human rights perspective. The method used in this research is literature research using secondary data in the form of primary legal materials, secondary standard materials, and traditional tertiary materials. The analysis is normatively supported by empirical research and qualitative research types. In conclusion, public services must heed human rights. To prevent human rights violations in available services, organizers must act based on statutory regulations, discretion, and general principles of good government (Good Governance).Keywords: public service, human rights


2020 ◽  
Vol 2 (2) ◽  
pp. 126-136
Author(s):  
Besse Fatmawanti ◽  
Naldi Gantika

Research is  important written in a journal is caused by several reasons: First , fulfillment of public services, especially for persons with disabilities, is an obligation and responsibility of the government in terms of fulfillment, both in the form of public services in the form of roads and sidewalks that are useful for the movement of persons with disabilities or for their mobility from one place to another, as well as supporting life supporters of disability. Article 2 of Law No. 39 of 1999 concerning Human Rights states that the Republic of Indonesia recognizes and upholds human rights and basic human freedoms as rights which naturally inherit to and are inseparable from humans, which must be protected, respected and enforced for the sake of increasing human dignity . Then it is also regulated that the right to protect, respect and uphold human rights is the government and in full in Article 71 of Law No. 39 of 1999 concerning Human Rights stated that "the Government is obliged and responsible to respect, protect, enforce and promote human rights regulated in this law, other laws and regulations, and international law on human rights received by the Republic of Indonesia. And it should not be forgotten also Article 72 which reads that the obligations and responsibilities of the government as referred to in Article 71 include effective implementation steps in the legal, political, economic, social, cultural, defense and security fields of the state and other fields. At least, there are 10 types of rights regulated in Law No. 39 of 1999 concerning Human Rights, a) the right to life, b) the right to family and continuing descent, c) the right to self-development, d) the right to justice, e) the right to personal freedom, f) the right to security, g) the right to welfare, h) the right to welfare, i) the right to participate in government, j) the right of women, k) the rights of the child.


2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.


2016 ◽  
Vol 7 (2) ◽  
pp. 72-78
Author(s):  
Efraim Kambu

Special Autonomy assigns its rights and obligations to local governments to regulate and manage their own affairs and interests of the society so that people increasingly can be served well. But in fact, public services provided is not maximized. This study used qualitative methods, data sources are divided into two types of data sources, namely primary and secondary data sources. The results of this study indicate that there is still lack of public services the Government of Papua Province visible from the weak aspects of responsiveness, which local governments less responsive to some of the problems in the field of education, economy and industry growth and physical development as well as non-physical. From the aspect of responsibility is also still found their weaknesses, which the Government of Papua Province is still not fully overcome the problems of corruption and poverty. Meanwhile, from the aspect of accountability, it is known that the performance of governance in Papua in providing public services are not running optimally, one reason is the lack of competence and capability of local government officials.


2021 ◽  
Vol 3 (2) ◽  
Author(s):  
Rasji Rasji

Village government is the lowest level of government in the Government of the Republic of Indonesia. Its existence is very strategic for the implementation of programs of the central government, local government, and the wishes of the village community, so that the village government can help create a balance between the goals desired by the state and those desired by the people, namely the welfare of the people. For this reason, the role of village government officials is important to achieve the success of implementing village government tasks. In fact, there are still many village government officials who have not been able to carry out their duties and authorities properly and correctly. How are efforts to strengthen the role of village government officials so that they are able to carry out their duties and authority properly and correctly? One effort that can be done is to provide technical guidance to village government officials regarding village governance, the duties and authorities of village government officials, as well as the preparation of village regulations. Through this activity, it is hoped that the role of the village government apparatus in carrying out their duties and authorities will be strong, so that their duties and authorities can be carried out properly and correctlyABSTRAK;Pemerintahan desa adalah tingkat pemerintahan terendah di dalam Pemerintahan Negara Republik Indonesia. Keberadaannya sangat strategis bagi penerapan program pemerintah pusat, pemerintah daerah, dan keinginan masyarakat desa, sehingga pemerintah desa dapat membantu terciptanya keseimbangan tujuan yang diinginkan oleh negara dan yang diinginkan oleh rakyat yaitu kesejahteraan rakyat. Untuk itu peran aparatur pemerintahan desa menjadi penting untuk mencapai keberhasilan pelaksanaan tugas pemerintahan desa. Pada kenyataannya masih banyak aparatur pemerintahan desa yang belum dapat melaksanakan tugas dan wewenangnya dengan baik dan benar. Bagaimana upaya menguatkan peran aparatur pemerintahan desa, agar mampu menjalankan tugas dan wewenangnya secara baik dan benar? Salah satu upaya yang dapat dilakukan adalah memberikan bimbingan teknis kepada aparatur pemerintahan desa mengenai pemerintahan desa, tugas dan wewenang aparatur pemerintah desa, maupun penyusunan peraturan desa. Melalui kegiatan ini diharapkan peran aparatur pemerintahan desa dalam melaksanakan tugas dan wewenangnya menjadi kuat, sehingga tugas dan wewenangnya dapat dilaksanakan dengan baik dan benar.


2020 ◽  
Vol 32 (2) ◽  
pp. 297-319
Author(s):  
Norita Azmi ◽  
◽  
Salawati Mat Basir

Issues related to the disabled right in the country continue to attract criticism and debate, as implementation is very slow and weak. The disabled have the right to live like other normal people, which includes protection in times of danger and emergency. One of the important mechanism for the care of the disabled is through legal means. The government has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as part of its efforts to empower and protect this minority group. As such, the government has taken the initiative to enact the Persons with Disabilities Act 2008 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010 as one of the government’s commitments in complying with international human rights conventions as long these do not against the Federal Constitution. This article aims to uncover and analyse the legal provisions in Malaysia relating to the disabled and their right to live, as stated in the Federal Constitution and relevant legal provisions. In essence, this shows that Malaysia, as a member of the UN, is bound to adopt international laws and treaties on human rights if these do not violate local norms and values. At the end of the discussion, some ideas are presented as solutions for the government to improve the issue of disabled persons so that in the eyes of the world, Malaysia will be recognized as one of the countries that cares for and defends its disabled, in line with the Convention on the Rights of Persons with Disabilities 2008.


2021 ◽  
Vol 1 (1) ◽  
pp. 71
Author(s):  
Maulida Zulia Irmajayanti ◽  
Totok Sudaryanto ◽  
Antikowati Antikowati

The concept of the welfare state upholds the existence of the legal system under the premise of legal certainty and the protection of basic human rights. Paragraph IV of the 1945 Constitution of the Republic of Indonesia emphasizes the existence of “state obligations” and “the government duty” to protect and serve all public interest. The normative basis of the Constitution was translated as the national principle to embody the public services. The Public Service Law Number 25 of 2009 is a formulation of legal certainty. However, the main problem that occurs in the public services is maladministration in bureaucracy. It is important to build interpretations of the authority attached to the bureaucratic system or on subjects who become government officials. By analyzing the Constitution, this article states that the government official dimensions must be considered as an interrelated issue, so that the articulate practice must be seen as inherent social conditions. Keywords: Responsibility, Government Officials, Maladministration.


2019 ◽  
Vol 11 (2) ◽  
pp. 131
Author(s):  
Tanti Kirana Utami

Law Number 39 of 1999 concerning Human Rights regulates the obligations of the State in protecting each of its citizens, including the respect, protection and fulfillment of the rights of persons with disabilities. Persons with disabilities should get the same opportunity in developing themselves through independence as human beings with dignity. Based on the foregoing it is very important to conduct research on persons with disabilities to find out the objective conditions of persons with disabilities in Cianjur district and to find out policies and programs for social protection activities for persons with disabilities. The research method used is normative juridical with descriptive analytical research specifications. The results showed that the condition of persons with disabilities in Cianjur Regency was caused due to birth or illness with various disabilities spread in several districts and social protection for persons with disabilities in Cianjur regency carried out in the form of providing various facilities and social security in stages. The conclusion of this study is the data of persons with disabilities in Cianjur Regency already included including social protection provided by the government. For this reason, it is expected that various facilities and social security will be improved and local regulations made


CASH ◽  
2020 ◽  
Vol 3 (02) ◽  
pp. 31-45
Author(s):  
Salihi Pro

This study aims to compare the mechanism of distribution, management and accountability of the use of village funds in the Government of Bintan Regency with the rules and regulations applicable. The method used in this research is descriptive qualitative method by conducting data collection through observation, literature study and interview with the authorized party.               Village Funds are funds disbursed by the Central Government to help accelerate development in the villages, help improve the economy in the villages and also help the operational costs of village administration in order to maximize the maximum service for the villagers.               Regulation of the Minister of Finance No. 93 / PMK.07 / 2015 has clearly set out procedures for the allocation, distribution, use, monitoring and evaluation of village funds. Therefore, village government officials are required to fully understand the prevailing regulations in order to manage, use and account for village funds maximally, correctly and accountable.               Expenditure accountability is absolute in the use of village funds as a form of administrative and morally accountable. For that every State apparatus using State budget must be accountable properly and accountable.


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