scholarly journals Konstruksi Hukum Tentang Kewajiban Perusahaan Daerah Bali Mempekerjakan Penyandang Disabilitas

Acta Comitas ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 177
Author(s):  
Ketut Yulia Wirasningrum
Keyword(s):  
Disabled Persons ◽  
Provincial Government ◽  
Private Companies ◽  
Persons With Disabilities ◽  
Local Regulation ◽  
The Disabled ◽  
Disability Employment ◽  
Material Values ◽  
The Ideal

Indonesia as a legal state must guarantee the human rights of all citizens, including persons with disabilities. Protection of the rights of persons with disabilities is regulated in international legal instruments as well as several national legal instruments. At the regional level, the Bali Provincial Government issued Bali Local Regulation Number 8 of 2015 concerning Protection and Fulfillment of the Rights of Persons with Disabilities. Regarding the rights to the employment of persons with disabilities in the Bali Regional Regulation there is a concept discrepancy with the provisions in the Disabled Persons Act regarding the percentage of disability employment in Regional Companies. Problems found include how the concept of the problem and the ideal legal regulatory solutions regarding the obligations of Bali Regional Companies to employ persons with disabilities. The purpose of this study is for the disability workforce to be absorbed maximally in the Regional and private companies. To obtain answers to these problems, normative research methods are used with conceptual approaches and regulatory approaches. Conclusions in this discussion that in Bali Regional Regulation Number 8 of 2015 concerning the protection and fulfillment of the rights of persons with disabilities there are still problems with corporate concepts that combine the concepts of Regional Companies and private companies. ideally in the future classification of company concept arrangements will be carried out so that the obligations of Regional and private companies in employing disability workers fulfill material values ??and formal legislation. Negara Indonesia sebagai negara hukum wajib menjamin hak asasi seluruh warga negara termasuk penyandang disabilitas. Perlindungan hak asasi penyandang disabilitas diatur dalam instrumen hukum Internasional serta beberapa instrument hukum nasional. Di tingkat daerah,  Pemerintah Provinsi Bali menerbitkan Perda Bali Nomor 8 Tahun 2015 tentang Perlindungan Dan Pemenuhan Hak Penyandang Disabilitas. Perihal hak atas pekerjaan penyandang disabilitas dalam Perda Bali terdapat ketidaksesuaian konsep dengan ketentuan dalam Undang-Undang Penyandang Disabilitas perihal persentase penerimaan tenaga kerja disabilitas pada Perusahaan Daerah. Masalah yang ditemukan antara lain bagaimana problem konsep serta solusi pengaturan hukum yang ideal perihal kewajiban Perusahaan Daerah Bali Mempekerjakan penyandang disabilitas. Tujuan dari penelitian ini agar tenaga kerja disabilitas dapat terserap dengan maksimal pada Perusahaan Daerah maupun swasta. Untuk memperoleh jawaban dari permasalahan tersebut digunakan metode penelitian normative dengan pendekatan konsep dan pendekatan peraturan perundang-undangan. Simpulan dalam pembahasan ini bahwa dalam Perda Bali Nomor 8 Tahun 2015 tentang perlindungan dan pemenuhan hak penyandang disabilitas masih terdapat masalah konsep perusahaan yang menggabungkan konsep Perusahaan Daerah dan perusahaan swasta. idealnya ke depan dilakukan klasifikasi pengaturan konsep perusahaan sehingga kewajiban Perusahaan Daerah dan swasta dalam mempekerjakan tenaga kerja disabilitas memenuhi nilai material dan formal peraturan perundang-undangan.

To the question about problems in the fi eld of vocational rehabilitation of the disabled

2020 ◽  
pp. 12-23
Author(s):  
Y. A. Kulikova ◽  
A. V. Kornienko ◽  
G. V. Jukevich
Keyword(s):  
Vocational Rehabilitation ◽  
Russian Federation ◽  
Social Protection ◽  
Disabled Persons ◽  
Rehabilitation Program ◽  
The State ◽  
Disabled People ◽  
Persons With Disabilities ◽  
The Disabled ◽  
The Russian Federation

The article deals with issues related to the problem of vocational rehabilitation of disabled people. The competence of the Russian Federation in the fi eld of rehabilitation of disabled persons in the person of its Federal authorities and management, subjects of the Russian Federation and local self-government bodies is specifi ed. The content of such concepts as "services for professional rehabilitation of disabled people" in accordance with the state standard GOST R 53873-2010 Rehabilitation of disabled people is disclosed. Professional rehabilitation services for the disabled; "professional rehabilitation program" and "options for professional rehabilitation". Despite the fact that professional rehabilitation and adaptation in the workplace is an integral part of the state policy in the fi eld of social protection of persons with disabilities, there are many unresolved problems and diffi culties in this area.

Ratifikasi Konvensyen Pertubuhan Bangsa-Bangsa Bersatu terhadap Hak Orang Kurang Upaya: Implikasi dan Realiti dari Dimensi Perundangan dan Kesamarataan

2020 ◽  
Vol 32 (2) ◽  
pp. 297-319
Author(s):  
Norita Azmi ◽  
◽  
Salawati Mat Basir
Keyword(s):  
Human Rights ◽  
Minority Group ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
Federal Constitution ◽  
Norms And Values ◽  
The Disabled ◽  
The Government ◽  
The Right

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.

scholarly journals Persons with Intellectual Disability and Access to Justice in Nigeria: Challenges and the Way Forward

2019 ◽  
Vol 5 (2) ◽  
pp. 180 ◽  
Author(s):  
Augustine Edobor Arimoro
Keyword(s):  
Intellectual Disability ◽  
Intellectual Disabilities ◽  
Federal Government ◽  
Legal Protection ◽  
Disabled Persons ◽  
Access To Justice ◽  
Legal Aid ◽  
Persons With Disabilities ◽  
The Disabled ◽  
United Nations Convention

Conservatively, there are approximately about two million persons in Nigeria who may be referred to as persons with intellectual disabilities. These persons suffer from several challenges ranging from economic to non-inclusion in the society. In the paper, the discussion focuses on persons with intellectual disabilities and the effective access to justice as a fundamental right. The paper finds that even though Nigeria has adopted and ratified the United Nations Convention on the Rights of Persons with Disabilities, the Federal Government of Nigeria has not been proactive in supporting the persons with disabilities in the country to enjoy these rights. Furthermore, despite the provision in the 1999 Constitution of the Federal Republic of Nigeria to ensure freedom from discrimination, there is no direct effect on procedure to ensure that the rights of the disabled persons are protected. The paper proposes for a framework for the protection of the person with intellectual disability which includes legal protection, legal awareness, legal aid, adjudication and for civil society oversight of the access of persons with intellectual disabilities to justice.

scholarly journals An Analysis of Actors in the Implementation of Public Policy on Accessibility of Persons with Disabilities for Work in Indonesia’s Special Region Yogyakarta

2020 ◽  
Vol 8 (2) ◽  
pp. 154-161
Author(s):  
Muhammad Akbar Maulana ◽  
Dian Eka Rahmawati ◽  
Achmad Nurmandi
Keyword(s):  
Public Policy ◽  
Provincial Government ◽  
Regional Government ◽  
Private Companies ◽  
Persons With Disabilities ◽  
Government Organization ◽  
Aftercare Services ◽  
Rehabilitation Programs ◽  
Policy Program

This study aims to analyze the implementation of public policy on the accessibility of persons with disabilities to get a job in Yogyakarta. It focuses on the actors implementing the policy in the Indonesian region, namely the provincial government of Yogyakarta as the implementer and policymaker, private companies, and Non-Government Organization (NGOs), which should be the stakeholders of the policy, program, and activities in distributing labors with disabilities. To approach this problem, the researchers use the theory of Van Meter and Horn as a reference. Data have been collected through interviews and documentation that later on analyzed qualitatively with the software of NVivo 12 plus. This study concludes that providing employment opportunities for persons with disabilities has not been implemented optimally. First, it is due to the absence of aftercare services, namely follow-up assistance for persons with disabilities after participating in training and rehabilitation programs held by the Regional Government. Secondly, law enforcement in the policy implementation that is pro disabilities (inclusion) to private companies is not optimal. Third, the lack of coordination among the actors in the efforts of empowering persons with disabilities. 

scholarly journals Influence of Assistive Technology in Attaining Sustainable Development Goal 3: An Indian Perspective

2019 ◽  
Vol 9 (1S3) ◽  
pp. 546-550
Keyword(s):  
Sustainable Development ◽  
Assistive Technology ◽  
Well Being ◽  
Disabled Persons ◽  
Sustainable Development Goal ◽  
Persons With Disabilities ◽  
Development Goal ◽  
The Disabled ◽  
The Status ◽  
Development Goals

World now tries to move on sustainable development. This means development of the current generation without affecting future generations’ rights on environment, employability, healthy life. Towards this end United Nations drafted 17 Sustainable development goals to be achieved in the year 2030. Sustainable Development Goal 3, states that countries should “Ensure healthy lives and promote well-being for all persons with disabilities”. Disabled persons will be in the marginal position in the society because of the disability. Disabled can be helped by assistive technology. Assistive technology will help in many ways, such as (i) assisting to live, or (ii) to have improvement in their disability, (iii) to assess the level of disability, (iv) to train disabled to overcome disability. This paper analyses the status of disabled in the India, various types of disabled persons with statistics, their condition in the society and the challenges in utilizing these devices for the upliftment of the disabled

scholarly journals A concept of support system for the disabled persons’ wheelchairs: presentation of a 3D print solution

Mechanik ◽  
2017 ◽  
Vol 90 (5-6) ◽  
pp. 450-452
Author(s):  
Paweł Fudali ◽  
Sławomir Miechowicz ◽  
Tomasz Kudasik
Keyword(s):  
Support System ◽  
Disabled Persons ◽  
Cad Model ◽  
Persons With Disabilities ◽  
3D Print ◽  
Real Model ◽  
The Disabled ◽  
Innovative Concept

An innovative concept of the seat design in the wheelchair for persons with disabilities is discussed. The solution is presented as a CAD model as well as in the form of a real model. Additionally, prospects of consolidation of electronic actuators are shown providing for visualization of concepts and principles of operation.

scholarly journals OBLIGATION TO SUPPORT DISABLED PERSONS IN COMPLIANCE WITH THE PRESENT INTERNATIONAL LEGAL NORMS AND OTHER INTERNATIONAL PROVISIONS

2019 ◽  
Vol 5 (4) ◽  
pp. 155
Author(s):  
Ehor Nazymko ◽  
Olena Nazymko
Keyword(s):  
Older Persons ◽  
Legal Status ◽  
Legal Protection ◽  
Disabled Persons ◽  
International Standards ◽  
Persons With Disabilities ◽  
National Legislation ◽  
Legal Norms ◽  
Legal Method ◽  
The Disabled

One of the fundamental social, socio-forming institutions, which are strictly protected, including through the relevant rules of the current law, is the longstanding institute of support for persons who are unable to provide for themselves through the special disability or incapacity at all. A very important socio-institutional and socio-regulatory component of such an institution is a social consensus about the support of people with physical disabilities, which is constantly reproduced and permanently required by social communities. Among many components of the mentioned consensus, of great importance was also the indispensable obligation to carry out the full, decent or at least minimally necessary financial and material and other such support, provided by law and moral and ethical tradition, first by the parents of their young and minor children, and then, in turn, by adult, legally capable children of their older persons, including disabled, socially vulnerable parents. In spite of the necessity of careful treatment by society towards the disabled, in each country, this obligation is regulated in different ways. Therefore, it seems appropriate to analyse the obligation to keep disabled persons within the meaning of current international law and other international provisions. Methodology. The goal is solved using the cognitive potential of the system of philosophical, scientific, and special methods. The analysis and synthesis made it possible to identify the signs of incapacity for work and the specifics of the responsibilities for the maintenance of disabled persons. The methods of grammatical consideration and interpretation of legal norms have contributed to the identification of universal legal constructs that can be used in the national legislation of any sovereign country of the world. The comparative-legal method allowed determining the directions of development of national legislation of sovereign countries in order to bring them into conformity with generally accepted international standards. Practical implications. The peculiarities of the social and legal status of disabled persons require scientists to develop consistent measures of the proper legal protection of their rights. This requires establishing a clear contentspectral relationship between the concepts of such vulnerable, helpless social-group categories as “older persons”, “persons with disabilities”, and “mentally retarded persons”, which implies a broad socio-physical contextual concept of “disabled person”. The national legislation of each sovereign country should provide for a mechanism developed at the international level for collecting funds for the benefit of certain socially vulnerable persons, including the disabled.

scholarly journals TRANSFORMATION OF THE LEVEL OF LIFE OF DISABLED PERSONS IN THE CONTEXT OF SOCIAL AND ECONOMIC DEVELOPMENT OF THE COUNTRY

2017 ◽  
pp. 93-99
Author(s):  
Nataliia Safonik
Keyword(s):  
Synthesis Method ◽  
High Standard ◽  
Well Being ◽  
Disabled Persons ◽  
Graphical Analysis ◽  
Standard Of Living ◽  
Persons With Disabilities ◽  
Current State ◽  
The Disabled ◽  
Average Size

Introduction. Ensuring a high standard of living for persons with disabilities is one of the important issues of the formation of an effective model of social and economic policy of the country. Considering the current state of the Ukrainian economy, which is characterized by instability, high inflation, reduction of real incomes of citizens, especially the disabled ones, the raise of the standards of living, material well-being and the implementation of the protection of the most socially vulnerable sectors of society require special attention. The purpose of the article is to analyse the current state of living standards of persons with disabilities in Ukraine and to determine the main directions for improving its quality. Methodology. The general scientific and special methods have been used to solve the tasks of the research. They are the method of analysis and synthesis, method of generalization, method of comparative and graphical analysis. Results The tendencies in changing the number of persons with disabilities and their dynamics for 2007-2016 have been analysed. The ratio of growth rates of the average size of pensions for people with disability and average monthly wages is considered. A comparative analysis of the purchasing power of persons with disability who receive pension for some items of food for the last three years has been carried out. On the basis of the research, the problems, which reduce the standard of living of persons with disabilities, have been outlined. The directions of its increase the standard of living have been determined.

scholarly journals IMPLEMENTASI KEBIJAKAN KUOTA BAGI PENYANDANG DISABILITAS UNTUK MENDAPATKAN PEKERJAAN DI KOTA YOGYAKARTA

NATAPRAJA ◽  
2015 ◽  
Vol 3 (2) ◽  
Author(s):  
Utami Dewi
Keyword(s):  
Data Collection ◽  
Government Regulation ◽  
State Agencies ◽  
Private Companies ◽  
Persons With Disabilities ◽  
Training Materials ◽  
The Disabled ◽  
Qualitative Descriptive ◽  
The Government ◽  
The City

This article aims to describe the implementation of the quota policy 1 percent ofemployment opportunities for persons with disabilities in the city of Yogyakarta as stated in Government Regulation No. 43 Year 1998 on Efforts to Increase Social Welfare of Persons with Disabilities. In addition, a study of the obstacles encountered and efforts made by the Government of the city of Yogyakarta is also a goal of writing this article. The method used in this research is qualitative descriptive. The author uses interview, observation and documentation for data collection. The results showed that the implementation of the quota policy 1 percent for disabled for agencies that have hired employees more than 100 people, has not run optimally in the city of Yogyakarta. This is demonstrated by the limited number of disabled absorbed in government and private agencies. Various obstacles encountered in the implementation of this policy, namely: training materials for the disabled less up to date, enforcement of regulations about 1 percent quota has not run optimally; low awareness of state agencies and private companies to employ persons with disabilities; and the lack of willingness of the disabled to find jobs.Keywords: Quota Policy, Employment, Disabled

SDG’s Indicators Framework and Disability in India

2017 ◽  
Vol 11 (2) ◽  
pp. 232-250
Author(s):  
Surajit Deb
Keyword(s):  
United Nations ◽  
Age Distribution ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
The Sustainable Development ◽  
Development Framework ◽  
The Disabled ◽  
Disability Prevalence ◽  
Development Goals ◽  
High Level

The post-2015 development framework endorsed disability as an issue of social rights that is in accordance with the guidelines of United Nations Convention on the Rights of Persons with Disabilities. The United Nations Statistical Commission has worked through the Inter-agency and Expert Group and the High-level Group in the formation of the indicators framework to measure the progress made by the disabled persons in the implementation of the Sustainable Development Goals (SDGs). The main objective of this article is to assess the disability prevalence in India and subsequently examine its preparedness towards developing the disability indicators. We consider the Census 2011 data to provide an account of disability situations along with information on state-wise composition, types, age distribution, literacy and employment aspects. We then explain as to how the indicators framework would result in data and information demands on India’s part, which are essential for monitoring the progress of disability inclusion in the country.

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