News & Publication Press Release: "Presidential Regulation No. 68 of 2020: The Effectiveness of the Role of the National Commission on Disabilities in Fulfilling the Rights of Disability Groups"

Press Release: "Presidential Regulation No. 68 of 2020: The Effectiveness of the Role of the National Commission on Disabilities in Fulfilling the Rights of Disability Groups"

Posted By Sandya Institute On Thursday, 3 December 2020

Jakarta, 2 December 2020 - In commemoration of International Day of Persons with Disabilities, Sandya Institute held a virtual Public Discussion entitled "Presidential Regulation No. 68 of 2020: The Effectiveness of the Role of the National Commission on Disabilities in Fulfilling the Rights of Disability Groups" on Wednesday, 2 December 2020. This discussion was attended by 3 (three) speakers, namely Mrs. Eva Rahmi Kasim as the Director of Social Rehabilitation of Persons with Disabilities, Ministry of Social Affairs of the Republic of Indonesia; Mr. Bahrul Fuad as Commissioner of the National Commission on Violence against Women (Komnas Perempuan); and Mrs. Sandrayati Moniaga as Commissioner for the Study and Research of the National Human Rights Commission (Komnas HAM) along with Ms. Yeni Rosdianti. 

The Public Discussion was opened by the Deputy Executive Director of the Sandya Institute, Roberto Lie, who explained the ongoing debate regarding Presidential Regulation No. 68 of 2020 as a derivative regulation from Law No. 8 of 2016 concerning Persons with Disabilities. The discussion was then moderated by Rizqika Arrum, a member of the Sandya Institute.

The first speaker, Mrs. Sandrayati Moniaga from Komnas HAM explained that Komnas HAM is a state institution that proposes a Law (UU) on persons with disabilities, which has been carefully prepared over the years. The National Commission for Disabilities (KND) was originally formulated as an independent institution that was not formed by the Government, but at the time of the enactment of the Law on Persons with Disabilities in 2016, the Government was trimming inactive state institutions, so there was reluctance by the Government to form a new institution. As a compromise, the establishment of this institution is under the President.

Mrs. Sandrayati also conveyed several criticisms related to KND. First, the KND is under the President, but the KND Secretariat is under the Ministry of Social Affairs. Second, the process of selecting KND members was facilitated by the Ministry of Social Affairs. Mrs. Sandrayati stated that this could affect the independence of the KND based on the experiences of several institutions. Third, KND has a broad work scope, as mandated by the Law on Persons with Disabilities, so it is not appropriate if it is under the main duties and functions (tupoksi) of the Directorate General of Social Rehabilitation. Finally, the Ministry of Social Affairs is an institution supervised by KND. The KND should function as an auxiliary body in the state administration system, to ensure that the Government and other institutions actually carry out the orders of the Law on Persons with Disabilities.

Ms. Yeni Rosdianti added that the principle of independence was also contained in the Paris Principles which became the basis for the establishment of a national human rights institution, which is needed to evaluate and monitor the implementation of human rights for persons with disabilities.

The second speaker, Mr. Bahrul Fuad, or better known as Cak Fu, expressed his view of rejecting the KND from the start, and even expressed many criticisms of the Draft Law on Persons with Disabilities at that time. According to Cak Fu, apart from being very fat, the Law on Persons with Disabilities also has many articles which become a boomerang for persons with disabilities. One of the articles mentioned was the article related to incentives and disability cards whose schemes were not clear so that if they were not developed properly it could cause stigma against persons with disabilities. The second criticism from Cak Fu is related to inclusiveness and mainstreaming of the rights of persons with disabilities. Building your own system will make it even more difficult to make other people without disabilities understand about the rights of persons with disabilities. Cak Fu also emphasized that there are already many commissions that people with disabilities should be able to enter into mainstreaming themselves. 

Cak Fu suggested that the Presidential Regulation (Perpres) 68/2020 be accepted first, and activists for the rights of persons with disabilities can oversee the selection of the Commissioner by choosing a selection committee (Pansel) which will later elect the Commissioner. Furthermore, the Commissioner can seek to amend the KND legal basis later.

The next speaker was Mrs. Eva Kasim from the Ministry of Social Affairs. Ibu Eva explained that the background to establishing the KND was based on the desire that currently there is no complaint mechanism when there is a violation of the rights of persons with disabilities. Indeed, so far there has been the National Human Rights Commission and the Ombudsman, but the existing mechanisms are not optimal in providing treatment for discrimination or violations of the rights of persons with disabilities. Ibu Eva also emphasized that the KND has a function to monitor, evaluate and advocate for the fulfillment of disability rights in accordance with Article 132 of the Law on Persons with Disabilities.

Ibu Eva also explained that arrangements related to KND membership who came from different backgrounds were also included in the Presidential Decree. KND decision-making must also be based on the collegial collective. Responding to the discussion regarding the selection committee (Pansel), Mrs. Eva explained that in the Presidential Decree, the election of commissioners through the Pansel was not carried out for the first time, but based on the wishes of the Minister of Social Affairs, commissioners would still be selected through the Pansel to ensure independence and transparency. Ibu Eva also emphasized that no institution is absolutely independent in nature, only interdependence or interrelation.

Answering questions related to involvement, Mrs. Eva also stated that HWDI had been involved from the start, and there were meetings that were also held by the Ministry of State Apparatus Empowerment and Bureaucratic Reform of the Republic of Indonesia (Kemenpan RB). Nobody was left out, and everyone was involved.

One of the participants who also attended the discussion, Mr. Fajri Nursyamsi, responded to Ms. Eva's explanation that the meaning of participation itself has been different from the start. Supposedly, participation should not only be invited once or twice, but also involve transparency in its development and also have a role in continuing the opinion from the start. The concept of the Perpres that was approved at the end of 2019, which was rejected by Mr. Fajri and other meeting participants, was in fact enforced in the Perpres.

The discussion was continued with questions and answers and closed by Mrs. Eva. Mrs. Eva said that in commemorating International Day of Persons with Disabilities, our awareness of the rights of persons with disabilities must be increased. This year's theme is how to build a better, more accessible, inclusive and sustainable life after COVID-19. Mrs. Eva also stated that the efforts of the Government and all Indonesian people to make changes lead to new adaptations. (DT)