{"title":"Moving Away From Paternalism: The New Law on Disability in Indonesia","authors":"Agung Wardana, Ni Putu Yogi Paramitha Dewi","doi":"10.1163/15718158-01802003","DOIUrl":null,"url":null,"abstract":"In Indonesia, persons with disabilities have long been marginalised in mainstream development policies. The adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which was ratified by Indonesia in 2011, has opened new opportunities for persons with disabilities in the country to participate in the development process. In this regard, the first step toward the implementation of the convention domestically has been undertaken through the enactment of Law No. 8/2016 on Persons with Disabilities where the provisions of the convention are directly adopted. This article traces the development of the new law and how it differs from the previous legislation. We find that the new law is moving away from a long-standing paternalistic view toward disability in Indonesia by advancing a rights-based approach. Despite this substantial change, it remains to be seen how the new law would be able to change the challenging conditions of persons with disabilities in the country.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2017-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"5","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asia-Pacific Journal on Human Rights and the Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718158-01802003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 5
Abstract
In Indonesia, persons with disabilities have long been marginalised in mainstream development policies. The adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which was ratified by Indonesia in 2011, has opened new opportunities for persons with disabilities in the country to participate in the development process. In this regard, the first step toward the implementation of the convention domestically has been undertaken through the enactment of Law No. 8/2016 on Persons with Disabilities where the provisions of the convention are directly adopted. This article traces the development of the new law and how it differs from the previous legislation. We find that the new law is moving away from a long-standing paternalistic view toward disability in Indonesia by advancing a rights-based approach. Despite this substantial change, it remains to be seen how the new law would be able to change the challenging conditions of persons with disabilities in the country.
期刊介绍：
The Asia-Pacific Journal on Human Rights and the Law is the world’s only law journal offering scholars a forum in which to present comparative, international and national research dealing specifically with issues of law and human rights in the Asia-Pacific region. Neither a lobby group nor tied to any particular ideology, the Asia-Pacific Journal on Human Rights and the Law is a scientific journal dedicated to responding to the need for a periodical publication dealing with the legal challenges of human rights issues in one of the world’s most diverse and dynamic regions.
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