Jakarta Submits Draft Bylaw about Persons with Disabilities to Jakarta DPRD

the bylaw needs to be adjusted to Law number 8/2016 on Persons with Disabilities

Jakarta Vice Governor, Ahmad Riza Patria, represented the Jakarta Governor to attend the Jakarta DPRD's plenary meeting on Monday (2/7).

He read out the Jakarta Governor's Explanatory Speech on the Draft Bylaw on the Implementation of Respect, Protection, and Fulfillment of the Rights of Persons with Disabilities, and handed it over to the Jakarta DPRD leadership in the Plenary Meeting Room, Central Jakarta.

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"This draft bylaw is a revision of Bylaw number 10/2011 on Protection of Persons with Disabilities as it has not yet fully used the social model approach in its regulation, which focuses on a multi-sectoral perspective on the implementation of respect, protection, and fulfillment of the rights of persons with disabilities," he explained, as quoted by Jakarta PPID's press release.

Besides, sociologically, it was irrelevant. It was because many practices of respecting, protecting, and fulfilling the rights of persons with disabilities were based on the Jakarta administration's initiatives in responding to the immediate needs of persons with disabilities and the number of people with disabilities in Jakarta was growing.

"Juridically, the bylaw needs to be adjusted to Law number 8/2016 on Persons with Disabilities as a reference for respecting, protecting, and fulfilling the rights of persons with disabilities in Indonesia, including in Jakarta," he explained.

He went on to say that there needs to be further regulation by taking into account the provisions contained in Law number 8/2016, especially those related to government affairs carried out by the administration to strengthen the implementation of respect, protection, and fulfillment of the rights of persons with disabilities.

"It must be done by mainstreaming disability in various sectors by referring to the provisions in Law number 8/2016 and the division of government affairs in the draft bylaw which regulates several important material substances of Law number 23/2014 on Regional Government," he furthered.

Bylaw regulates several important material substances:

1. Planning and evaluating the fulfillment of the rights of persons with disabilities

2. Implementation of the fulfillment of the rights of persons with disabilities

3. Establishment of the Jakarta Disability Council

4. Awards offering in the context of providing support for the implementation of respect, protection, and fulfillment of the rights of persons with disabilities

5. Community participation

6. Sanction

He added that the administration formulated an action to fulfill the rights of persons with disabilities in the Regional Action Plan for Persons with Disabilities (RADPD) which was valid for 5 years.

It was prepared regarding the Master Plan for Persons with Disabilities (RIPD) which was drafted by the ministry in charge of social planning and refers to Jakarta's Mid-Term Regional Development Plan (RPJMD)

"The formulation involves persons with disabilities through organizations of persons with disabilities and community organizations that provide services for persons with disabilities. Besides the planning stage, no less important is the evaluation stage of efforts to respect, protect and fulfill the rights of persons with disabilities in Jakarta which is part of the evaluation of regional development," he added.

The evaluation was carried out by the Jakarta Regional Development Planning Agency (Bappeda) and the results were reported to the Governor. The Governor then submitted the evaluation results to the Minister who carries out government affairs in the field of national development planning.

Draft Bylaw refers to Law number 8/2016, which regulates 17 aspects of life:

1. Justice and Legal Protection

2. Education

3. Entrepreneurship

4. Health

5. Sports

7. Social Welfare

6. Culture and Tourism

8. Infrastructure

9. Public Service

10. Transportation

11. Protection from Disasters

12. Habilitation and Rehabilitation

13. Concession

14. Data collection

15. Communication and Information

16. Protection of Women and Children

17. Protection from Discrimination, Abandonment, Torture, and Exploitation

The regulation of the 17 aspects above creates obligations that must be carried out by the administration and institutions providing facilities and services, in the context of realizing respect, protection, and fulfillment of the rights of persons with disabilities.

"That way, persons with disabilities in Jakarta will know what rights they have and oversee the fulfillment of these rights as a form of community participation," he uttered.

Aside from that, related to the establishment of the Jakarta Disability Council (DDJ) as an independent non-structural institution, he explained, the DDJ was made to guarantee the fulfillment of rights for persons with disabilities in Jakarta. Then, in carrying out its duties, the council is responsible to the Governor.

He also asserted that efforts to respect, protect and fulfill the rights of persons with disabilities are a joint work between the administration and all interested parties.

Hence, as a form of appreciation for the efforts that have been made, the draft bylaw was regulated regarding the awarding of awards given by the Governor to individuals, communities, legal entities, and providers of public facilities.

"This award is also to increase community participation in realizing respect, protection, and fulfillment of the rights of persons with disabilities in Jakarta," he said.

Then about the sanction, there is an obligation that must be carried out by stakeholders to respect, protect, and fulfill the rights of persons with disabilities has implications for violations that occur. The draft bylaw stipulates that any violations that occur will be subject to administrative sanctions.

In Law number 8/2016, 95 provisions give tasks and authorities to the Provincial, Regency/City to participate in carrying out the respect, protection, and fulfillment of the rights of persons with disabilities.

"All of these provisions need to be adapted in the bylaw as a form of Jakarta's highest commitment in including the agenda of respecting, protecting, and fulfilling the rights in regional planning and budgeting programs in various related fields, such as education, health, public transportation, sports, legal aid, social protection, social welfare, and disaster aspect," he continued.

With the bylaw, it was expected to create an inclusive environment for persons with disabilities. It would then trigger an increase in welfare and achievement for persons with disabilities in the fields of education, sports, as well as arts and culture.

 

"The executive hopes the council can discuss, approve and stipulate the draft referred to as a bylaw through a participatory process, especially in involving persons with disabilities as the main stakeholders in this draft. With a participatory process, we have all been involved in realizing the principle of 'Nothing About Us Without Us' in the formation of policies related to disability," he closed.