Committee on the Rights of Persons with Disabilities

Twenty-seventh session

15 August–9 September 2022

Consideration of reports submitted by parties to the Convention under article 35

Replies of Indonesia to the list of issues in relation to its initial report *

[Date received: 28 January 2021]

1.This document is prepared in response to the List of Issues and Questions in relation to the Initial Report of the Republic of Indonesia (CRPD/C/IDN/Q/1) to be considered by the Committee on Rights of Persons with Disabilities at the 25th session of 2021.

2.Due to COVID-19 pandemic situation, the preparation of Indonesia’s response to the List of Issues and Questions was carried out through virtual consultations coordinated by the Ministry of Social Affairs (MoSA), and close collaborations with the Ministry of Foreign Affairs and the Ministry of Law and Human Rights (MoLHR). Consultations involved related Ministries/Agencies to acquire information on the implementation of the Convention.

I.Purpose and general obligations (Articles 1–4)

Reply to question 1 of the list of issues CRPD/C/IDN/Q/1

3.Law No. 8/2016 on Persons with Disabilities is part of an effort by the Government of the Republic of Indonesia (GoI) to respect, protect and fulfill the rights of persons with disabilities. Furthermore, this Law has become the basis of all basic legal frameworks related to persons with disabilities. Regarding the Social Welfare Law which describes persons with disabilities as a “social welfare problem”, and stigmatizing language such as “cacat”, the Article 148 of the Law becomes the legal basis for interpreting the previous regulation that still used “penyandang cacat” to be interpreted as persons with disabilities.

4.With the enactment of Law No. 8/2016 on Persons with Disabilities on 15 April 2016, Law No. 4 /1997 on Persons with Disabilities is revoked and declared invalid.

5.In supporting the implementation of the Law on Persons with Disabilities, there are some subsidiary regulations have been compiled:

(a)Government Regulation No. 52/2019 on Social Welfare for Persons with Disabilities;

(b)Government Regulation No. 70/2019 on the Planning, Implementation, and Evaluation to Respect, Protect, and Promote of the Rights of Persons with Disabilities;

(c)Government Regulation No. 13/2020 on Decent Accommodations for Students with Disabilities;

(d)Government Regulation No. 39/2020 on Decent Accommodation for Persons with Disabilities in Judicial Proceedings;

(e)Government Regulation No. 42/2020 on Accessibility to Housing, Public Services, and Protection from Disaster for Persons with Disabilities;

(f)Government Regulation No. 60/2020 on Disability Service Unit regarding Manpower /Employment Disability Service Unit

(g)Government Regulation No. 75/2020 on Habilitation and Rehabilitation Services for Persons with Disabilities

(h)Presidential Regulation No. 67/2020 on Terms and Conditions on Presenting Awards in regards with Respecting, Protecting and Fulfilling the Rights of Persons with Disabilities

(i)Presidential Regulation No. 68/2020 on the National Commission for Disabilities

(j)MoSA Regulation No. 21/2017 on the Issuance of Persons with Disabilities Card

6.The GoI guarantees the participation of Disabled Persons Organizations/Organisasi Penyandang Disabilitas (OPD) in the planning, implementation and evaluation processes of respecting, protecting and fulfilling the rights for persons with disabilities, as stated in the Government Regulation No. 70/2019 that contains Disability Inclusive Development Master Plan.

7.Disability Inclusive Development is established to ensure that all community groups, including persons with disabilities, are involved in the entire development process, which include planning, implementation and evaluation processes at the central and regional levels. Disability Inclusive Development aims to achieve an inclusive society that can accommodate differences and respect the diversity of society. To ensure this, Disability Inclusive Development is based on principles of participation of all stakeholders, non-discrimination, and accessibility.

8.National deliberations on the importance of signing or ratifying other international instruments relating to the rights of persons with disabilities continue to be exercised. In line with the on-going deliberations, Indonesia continues to uphold the fundamental principles enshrined in various international human rights conventions and committed to incorporate them into the existing national frameworks and mechanisms. 

II.Specific rights (arts. 5–30)

Equality and non-discrimination (art. 5)

Reply to Question 2 of the list of issues

9.The implementation of the National Human Rights Actions Plans during 2015-2019 has promoted the respect for, protection of, and advancement of human rights at the regional/municipal government levels with the following achievements:

(a)Several regions have issued various regional law products that promote respect, protection and advancement of human rights;

(b)Several regions have mapped their discriminatory regulations, for revision;

(c)Provision of facilities and follow-up services for complaints of alleged human rights violations at regional governments.

10.Law No. 15/2019 on Amendments to Law No. 12/2011 on the Formation of Laws and Regulations requires legal drafters during drafting process to ensure the conformity of the draft with other existing regulations.

11.MoLHR has issued Regulation No. 24/2017 on Guidelines for Human Rights Content in the Formation of Laws and Regulations. It compiled material of international human rights instruments which must be used as a guidance in the formation of laws and regulations in order to ensure the integration of human rights values.

12.MoHA Regulation No.120/2018 on the Amendments to MoHA Regulation No. 80/2015 on the Formation of Regional Legal Products comprises of the mechanism preventing creation of regional regulations that exclude a human rights perspective.

13.This mechanism is carried out by integrating human rights values and principles in accordance with the corresponding content and techniques of drafting regulations in the facilitation process. Clarification process through an assessment of the newly enacted regional regulations and its conformity with existing higher-level regulations, public interest, and morality is to be carried out within 7 days after the regulation is promulgated. If the results are not appropriate, a recommendation is issued for amendments or revocation of the regional regulation.

14.One of the priority programs in the 2020-2024 National Medium Term Development Plan/Rencana Pembangunan Jangka Menengah Nasional (RPJMN), is the establishment of a National Legislation Center. This has been regulated in Law No. 15/2019 on Amendments to Law No. 12/2011 on the Development of Laws and Regulations. A National Legislation Center will be established at the ministerial level whose task is to carry out planning, preparation, discussion, up to the enactment stage, including conducting monitoring and reviewing of statutory regulations so there will be no overlapping and discriminatory legislation.

15.Law No. 13/2006 jo. Law No. 31/2014 on Protection of Witnesses and Victims provides a legal basis for fulfilling the rights of witnesses and victims, including those with disabilities. As stipulated in the Law, in an event of persons with disabilities are the victims of terrorism, compensation shall be provided by the state while restitution shall be provided by the perpetrator.

16.Remedies and regressions, as stipulated in the law, include medical rehabilitation, psychological rehabilitation, and psychosocial rehabilitation in the form of assistance for continuing education or continuing employment.

Women with disabilities (art. 6)

Reply to Question 3 of the list of issues

17.MoWECP conducts a number of activities for the protection of women's rights as follows:

(a)Disseminating information on the protection of the rights of women with disabilities, to raise awareness on the vulnerabilities of women with disabilities to double discrimination and gender-based violence because of their condition.

(b)The establishment of the Information and Consultation Center for Women with Disabilities (PIKPPD) through MoWECP Regulation No. 23/2010 and its SOPs through Regulation No. 7/2020, as a reference for local governments and communities in providing protection, handling and fulfillment of the rights of women with disabilities. PIKPPD provides information, consultation and facilitation services for women with disabilities in particular and persons with disabilities in general. PIKPPD has been established in 9 regions: West Sumatra; South Sumatra, East Java, East Kalimantan, Special Region Yogyakarta; Jambi, Banten, Bengkulu, and West Sulawesi.

(c)MoWECP carry out empowerment and training programs for women with disabilities, aiming at:

•Improving the skills of women with disabilities in general;

•Increasing understanding of their rights according to Law No. 8/2016;

•Improving PIKPPD human resources to carry out their duties and functions.

18.The GoI has followed up the Constitutional Court Decision No. 30-74/PUU-XII/2014 on the age limit of marriage for women, and has made amendments regarding the age limit of marriage for girls through Law No. 16/2019 on Amendments to Law No. 1/1974 on Marriage. The minimum age of marriage for women is now 19, equal to men.

19.The Law on Persons with Disabilities guarantees women with disabilities have access to reproductive health services, may accept or reject the use of contraceptives; get more protection of layered discrimination treatment; and to obtain protection from acts of violence, including violence and sexual exploitation.

20.The GoI has actively campaigned eliminate stigma against persons with disabilities, in particular against people with mental health issues, through training and education for 9000 health officers in 12 provinces with the highest number of mental health patients.

21.The Ministry of Health (MoH) has launched the 2020-2024 Disability Inclusion Health Service Roadmap, as a reference for policies and programs for all levels of health services, both at the central and regional levels. The aim is to facilitate collaboration in realizing health systems and services that are accessible, comprehensive, affordable, of quality, respecting dignity and even empower persons with disabilities throughout Indonesia.

22.This roadmap produces 7 main strategies that refers to the WHO Disability Action and Health System Strengthening:

(a)Overcoming physical and information barriers to accessing services;

(b)Providing skilled and disability sensitive health personnel;

(c)Providing comprehensive health services;

(d)Increasing the participation of persons with disabilities;

(e)Strengthening the mechanism and institutionalization of policy framework implementation;

(f)Increasing the health sector budget at the central and local levels for the development of inclusive services;

(g)Encouraging policies and programs based on accurate information.

23.This Roadmap has gone through a long process by the GoI and OPDs. The formulation of this roadmap involved 6 Ministries/Institutions and 25 CSOs and OPDs.

24.The standard of reproductive health services received by persons with disabilities according to the Roadmap is maternal and child health services, family planning services and reproduction health services. Services for the prevention and management of non-communicable diseases, reproductive health services for the elderly, prevention and handling of sexually transmitted infections and HIV/AIDS, as well as services for victims of sexual violence are provided in a comprehensive manner from promotional, preventive to curative and rehabilitative aspects, for all types of disabilities.

Children with disabilities (art. 7)

Reply to Question 4 of the list of issues

25.MoWECP as the focal point of special protection for children continues to raise awareness of stakeholders, government, society, the business world and the media to stop discrimination against children with disabilities. This is also carried out in the context of preventing violence against children with disabilities.

26.Training on the protection of children with disabilities has been given to the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) and the Integrated Service Center for Women's Empowerment and Child Protection (P2TP2A) as well as Community Based Integrated Child Protection (PATBM) activists. The training was conducted in Jambi, North Maluku, Riau Islands and Lampung Provinces. The material presented includes on how to communicate and handle each type of disability.

27.On corporal punishment, several legal instruments including Article 54 of Law No. 35/2014 on Amendments to Law No. 23/2002 on Child Protection regulates the prohibition of corporal punishment, including within the family, school and child care. This is also strengthened by:

(a)Presidential Regulation No. 87/2017 on Character Education, implemented, among others, through the preparation of guidelines for the implementation of child-friendly education, integrating character education into school programs, monitoring the learning process and assessment;

(b)Minister of Education and Culture (MoEC) Regulation No. 82/2015 on Prevention and Overcoming Violence in Education Units;

(c)MoWECP Regulation No. 8/2014 on Child Friendly School Policy, which regulates efforts to eliminate corporal punishment in schools, to create school environment free from bullying by adults or children.

28.MoH has developed a module for handling children with disabilities at the family level, aiming to empower families to educate children with disabilities to live independently.

29.MoH through the IEC handbook informs parents, families and caregivers about parenting for children with disabilities and information about parenting communities and community organizations for children with disabilities.

30.Neglected children with disabilities will be accommodated and fostered in social rehabilitation institutions run by central and regional governments. Furthermore, MoSA also established Persons with Disabilities Technical Implementing Units. These Units function as temporary shelters and serve as a reference for MoSA in providing services for persons with disabilities unable to access services at the district/city and provincial level. During 2018, social rehabilitation for persons with disabilities was directly carried out by 19 Units nationwide, which divided the types of services based on the types of disabilities. In addition to providing services within institutions, the units also provide community outreach services with a non-institutional system, adjusted to the needs of each district/city.

31.Since the enactment of the Law on Persons with Disabilities, various regulations relating to children with disabilities have used the phrase “children with disabilities”. Regulations related to Persons with Disabilities, including children, are sufficiently comprehensive to ensure that discrimination, stereotypes and negative stigma on the basis of disability do not occur.

32.GoI guarantees the children's rights in expressing opinions according to the child's age and level of intelligence, this is stated in Article 24 of Law No. 35/2014.

33.MoWECP has carried out the Voices of Children with Disabilities program as an implementation of Law No. 35/2014. This activity is carried out annually on every National Children's Day, through MoWECP award and involved children with disabilities in 34 provinces. Furthermore, the results of these activities are compiled in a book that becomes a guideline for the central government, local governments, parents/families and the community in protecting children with disabilities, including in the fulfillment of their rights.

34.In addition, the Children's Forums, as mandated by MoWECP Regulation No. 18/2019, have been established in 34 provinces, 451 districts/cities, 1,284 sub-districts and 2,098 villages/wards. It serves as a platform for children to be agents of change and reporters, as well as to participate in development planning, monitoring and evaluation. Children's Forum management board must comprise at least 10% of the total quota provided for child victims, children from minority and isolated groups, children with disabilities, children with HIV/AIDS, and/or socially deviated children.

35.MoWECP has made efforts to fulfill the rights of children with disabilities through representatives of persons with disabilities by entering into a cooperation agreement with one of the organizations of persons with disabilities, namely the SAPDA Foundation (Center for Advocacy for Women, Disabilities, and Children) which has conducted research related to fulfilling rights and protection of children with disabilities and one of the newest products from the cooperation agreement is the Protocol for the Protection of Children with Disabilities during the Covid-19 Pandemic.

Awareness-raising (art. 8)

Reply to question 5 of the list of issues

36.MoWECP has prepared a guidebook on Discovering and Stimulating Children with Disabilities for parents, families and companions of people with disabilities in an effort to increase knowledge and understanding of how to handle children with disabilities.

37.MoWECP has carried out various advocacy and outreach activities for the protection of children with disabilities, both to parents/families/companions and to the communities, aiming to provide an understanding of children with disabilities, including how to fulfill their rights and protection. Advocacy and outreach to parents/families/companions are carried out by the Ministry with the involvement of the Coordination Forum for Parents with Children with Disabilities in several provinces such as West Java, DI Yogyakarta, East Java, South Kalimantan and West Papua. Meanwhile, advocacy and socialization involving the community were carried out in 8 PATBM areas, namely Jambi, Riau Islands, Lampung, DKI Jakarta, East Java, East Kalimantan, Southeast Sulawesi and North Maluku.

38.The GoI together with the public and the private sector, has regularly carried out activities to increase public awareness on the rights of persons with disabilities to eliminate all forms of discrimination and stigmatization against them, for example social campaigns during the commemoration of International Disability Day.

39.The National Action Plan on Human Rights (RANHAM) has encouraged Ministries/Agencies and local government to focus on the fulfillment and protection of the rights of persons with disabilities, among others by:

(a)Drafting government regulation as mandated by the Law on Persons with Disabilities;

(b)Publishing persons with disabilities-inclusive technical regulation on manpower, passport service and persons with disabilities special formation/quota;

(c)Enhancing health services for people with mental disorders;

(d)Focusing human rights actions on technical capacity building for inclusive education teachers;

(e)Broadcasting sign language interpretation or closed captions on television and news programs.

40.Disability Inclusive Development Master Plan, contained in Government Regulation No. 70/2019 on Planning, Implementation and Evaluation of the Respect, Protection and Fulfillment of the Rights of Persons with Disabilities, has 7 strategic targets which are expected to gradually cover all aspects to achieve respect for, protection of and fulfillment of the rights of persons with disabilities. The strategic targets consist of: data collection and inclusive planning, providing an environment without barriers, protection of rights including political rights and access to justice, empowerment and independence, realization of an inclusive economy for Persons with Disabilities, education and skills, and access to and equitable health services.

41.These strategic targets are spelled out in various policies, implementation strategies, achievement targets, and responsible institutions. The implementation of each strategic target, involves several ministries/agencies as the main responsible agencies and various ministries/agencies, as well as the relevant provincial and district/city governments as supporting agencies.

Accessibility (art. 9)

Reply to question 6 of the list of issues

42.Government Regulation No. 42/2020 on Accessibility to Accommodation, Public Services and Disaster Protection for Persons with Disabilities aims to realize equal rights and opportunities for a prosperous and independent life. A time limit to adapt the standards is 5 years.

43.The GoI’s 2017 work plan set the improvement of quality of basic public services at underdeveloped areas, border areas and transmigration areas that are integrated, holistic-thematic and spatial in order to decrease the gap between regions.

44.The Minimum Services Standard as regulated in Government Regulation No. 2/2018 and MoHA Regulation No. 100/2018 aims to fulfill the quality of 6 basic services; education, health, public works, public housing, social and tranquillity, public order and protection measures.

45.MoSA has conducted public facility accessibility audits periodically since 2016. The monitoring is carried out as an effort to ensure the feasibility of public accessibility.

46.To increase the accessibility of persons with disabilities, the Ministry of Communication and Information (MoCI) since 2017 has held ICT training for people with disabilities in several regions.

47.To ensure access to information, 15 national television stations broadcast sign language, especially in the news segment. MoCI also raises public awareness about disability rights and perspectives through a variety of media, both video graphics and infographics.

48.The Ministry of Transportation (MoT) has involved views of persons with disabilities to review and evaluate the shortcomings and strengths of the transportation infrastructure facilities through a visit program to Tanjung Priok Train Station, Tanjung Priok Bus Terminal, Soekarno Hatta International Airport and Tanjung Priok Port. During the visit, persons with disabilities reviewed various facilities, and haddialogue with the managing operators regarding the disability-friendly facilities required. The results of the recommendations will become the basis for the next development of disability-friendly transportation.

49.Since 2016 there have been 11 inclusive airports for users with special needs. This number continues to increase every year. Currently there are 25 friendly airports for special needs users. The airport is equipped with an elevator, toilets for the disabled, and a nursing room.

Right to life (art. 10)

Reply to question 7 of the list of issues

50.MoLHR has stipulated Regulation No. 27/2018 on Human Rights-Based Public Services as a guideline for technical service units to further improve services that respect, protect, fulfill human rights.

51.Data collection, registration, recording, guidance, family visits, including data related to assisted residents with special needs in the correctional institutions are carried out in an orderly manner through the Correctional Database System. It covers all correctional business processes including collection, filtering, management, presentation and communication of correctional information, and is centralized in the Directorate General of Corrections MoLHR and is located in each correctional facility with real time data quality.

Situations of risk and humanitarian emergencies (art. 11)

Reply to question 8 of the list of issues

52.National Board for Disaster Management/Badan Nasional Penanggulangan Bencana (BNPB) has issued Regulation No. 14/2014 on the involvement of persons with disabilities in disaster management.

53.BNPB programs have been written in several Destana Technical Guidelines to involve people with disabilities and gender representation in their activities, development and training of disaster management volunteers from persons with disabilities, etc.

54.MoSA carries out duties and functions regarding disaster management targeting vulnerable groups, prioritizing on their basic needs and rights, including persons with disabilities, as mandated by:

(a)Law No. 24/2007 on Disaster Management;

(b)Government Regulations No. 21/2008 on the Implementation of Disaster Management;

(c)Government Regulations No. 22/2008 on Funding and Management of Disaster Relief.

55.Programs for vulnerable groups are carried out at every phase of disaster management; before, during and after disaster. Some of the programs implemented are:

(a)Training to increase community capacity in disaster management by involving persons with disabilities in carrying out social protection;

(b)Training for capacity building, area mapping and preparation of emergency SOPs for communities in disaster-prone locations through the Disaster Preparedness Village Program;

(c)Collaborating with private sectors and NGOs specializing in providing assistance for and fulfillment of the rights of persons with disabilities.

56.BNPB collaborates with several institutions and organizations such as Regional BNPB, Arbeiter Samariter Bund (ASB), Wahana Visi Indonesia, and other organizations. The Central Java Provincial and its district agencies have established LIDi (Disability Inclusive Services) assisted by ASB, followed by the establishment of LIDi in West Sumatra and West Papua.

57.Dissemination of information of an inclusive early warning system has been carried out at several occasions. BNPB with The Unspoken Ministry and the Adventist Development Relief Agency have developed disaster management sign language guidelines for deaf groups, including early warning systems. The preparation of these guidelines was forwarded to the Indonesian Deaf Welfare Movement (Gerkatin).

58.The GoI have issued more than 8 protocols/guidelines for child protection during a pandemic, including protection for children with disabilities, aiming at:

(a)Increasing support, services, and assistance for COVID-19 cases in children with disabilities who are patients without symptoms, in monitoring, under surveillance, and have been confirmed contracting COVID-19;

(b)Creating a social environment that supports the fulfillment and protection of the rights of children with disabilities, taking into account special needs according to their diversity.

Equal recognition before the law (art. 12)

Reply to question 9 of the list of issues

59.Indonesia has guaranteed the equality of persons with disabilities, including persons with intellectual and psychosocial disabilities, with the issuance of Government Regulation No. 39/2020 on Adequate Accommodation for Persons with Disabilities in Judicial Processes. Article 4 mentions that adequate accommodation is provided for various types of persons with disabilities (physical, intellectual, mental, and/or sensory), including persons with single or multiple disabilities, for a long period of time determined by medical personnel in accordance with regulatory provisions. Furthermore, Article 5 mentions that adequate accommodation includes the provision of services, as well as facilities and infrastructure in every judicial process.

60.Since 2017, Persons with Disabilities have also been included in the beneficiaries of non-cash social assistance in the Family Hope Program (PKH) through the Prosperous Family Card (KKS), KKS can function as a means of transactions and a means of saving.

61.Article 9 of the Law on Persons with Disabilities has guaranteed their rights to access services from financial institutions, both bank and non-bank. In addition, the Government has implemented the following regulations:

(a)Presidential Decree No. 114/2020 on the National Strategy for Inclusive Finance to revise Presidential Decree No. 82/2016 on the National Strategy for Financial Inclusion;

(b)Financial Services Authority/Otoritas Jasa Keuangan (OJK) Circular Letter No. 31/2017 on Implementation of Activities to Increase Financial Inclusion in the Financial Services Sector;

(c)OJK Regulation No 76/POJK.07/2016, in which Article 15 explains that the scope of financial inclusion covers the provision of various facilities for community groups with special needs to access financial products and services;

(d)Bank of Indonesia Regulation No. 16/1/PBI/2014 on Consumer Protection for Payment System Services;

(e)OJK Regulation No.1/POJK.02/2013 on Consumer Protection, in which Article 24 states that service providers shall provide special services for customers with special needs.

62.MoLHR, through the Technical Service Unit of the Heritage Center, acts as supervisors of the guardianship of adults with psychiatric disorders. The duties as supervisors are:

(a)Announcing the Determination/Decision of the Judge regarding the Interdiction in the Newspaper and State Gazette;

(b)To order a guardian of power to be sworn in first by the Heritage Center;

(c)Instructing guardians to register all the assets of the person who are placed under interdiction;

(d)To order the supervisory authority to provide an annual accountability calculation for the assets of the person under his supervision;

(e)Providing supervision/protection of Rights and Obligations and assets of persons under supervision if they are contrary to the prevailing laws and regulations;

(f)To order the supervisory authority to make a final liability calculation for the assets of the person under his supervision, to the supervisor.

Access to justice (art. 13)

Reply to question 10 of the list of issues

63.The GoI, through its relevant Ministries/Agencies, has carried out (i) efforts to prevent children from committing crimes or recommitting crimes (ii) treatment of children at the level of investigation, prosecution, examination in court as well as guidance after a court decision. These efforts are carried out by creating policies and programs on preventing children from breaking the law, providing facilities and infrastructure, human resources and strengthening institutional services. This applies to all Indonesian children, including children with disabilities.

64.Personal Assessment to identify and verify disabilities in Government Regulation No. 39/2020 is an attempt to assess the variety, level, barriers and needs of Persons with Disabilities both medically and psychologically in determining Adequate Accommodation. This is crucial in the judicial process to determine the obstacles faced, approach required, and the provision of accommodation services required in undergoing the judicial process. Personal Assessment is an inseparable part of the judicial process involving Persons with Disabilities, both in their status as perpetrators, witnesses and victims.

65.Law No. 31/2014 on Amendments to Law No. 13/2006 on Protection of Witnesses and Victims ensures that witnesses/victims (including persons with disabilities) can testify in court and will receive assistance/protection from the Witness and Victim Protection Agency.

66.Article 178 of the Criminal Procedural Code also regulates mechanisms for persons with disabilities as defendants or witnesses in providing answers/views to judges’ questions in the judicial process. The Article also provide arrangements enabling persons with disabilities to become witnesses, whereby the court shall provide interpreter assistance.

67.In regard to training for law enforcement officers on the rights of persons with disabilities, MoWECP has conducted:

(a)Training on the protection of the rights of women with disabilities (2017–2018);

(b)Technical Guidance for the Implementation of Assistance for Children with Disabilities in the Judicial System, in order to provide an understanding of the fulfillment of rights and adequate accommodation for children with disabilities facing judicial proceedings. This Technical Guidance is also provided to service providers, PATBM activists, parents and assistants who have children with disabilities, as well as community leaders, carried out in Lampung, Central Sulawesi, Riau Islands and East Kalimantan.

Reply to question 11 of the list of issues

68.MoLHR has regulated the mechanism for providing legal assistance through its Regulation No. 10/2015 on Implementation Regulations of Government Regulation No. 42/2013 on Terms and Procedures for Providing Legal Aid and Distribution of Legal Aid Funds.

69.MoLHR through the National Law Development Agency collaborates with legal aid institutions/organizations in providing legal aid, financed by the GoI to the poor and underprivileged (including persons with disabilities). From 2016 to 2020, 189 people with disabilities have received legal assistance from MoLHR.

Liberty and security of the person (art. 14)

Reply to question 12 of the list of issues

70.Indonesia guarantees that there are no laws or regulations that discriminate against individual based on disability. Law on Persons with Disabilities is a concrete manifestation of the GoI’s commitment to respect, protect and fulfill the rights of persons with disabilities on an equal basis. As a derivative of this law, several regulations have been passed as described in point 5, as well as MoLHR and MoHA Regulations as described in point 11-14.

Freedom from torture or cruel, inhuman or degrading treatment or punishment (art. 15)

Reply to question 13 of the list of issues

71.Law No. 36/2019 Article 148 paragraph 1 stated that people with mental disorders have the same rights as citizens. Meanwhile Article 149 governed that people with mental disorders who are neglected, homeless, threatening their own safety and/or other people, and/or disturbing public order and/or security are to receive medical treatment and care in health service facilities.

72.The act of shackling of people with mental disabilities is prohibited and punishable by law. Article 86 of Law No. 18/2014 on Mental Health states “Every person who deliberately carries out restraint, neglect, violence and/or orders other people to carry out shackling, neglect and/or violence against persons with mental disabilities (ODKM) or persons with mental disorder (ODGJ) or other acts that violate the ODKM and ODGJ rights shall be punished in accordance with law and regulations”.

73.MoH Regulation No. 54/2017 is issued to combat shackling of persons with mental disorders.

74.As of March 2019, 4,474 cases of shackling were handled by the MoH and 4,821 severe ODGJ across 34 provinces/284 districts/cities received standardized health services spread. The number of Public Health Centers (Puskesmas) that provide services for mental health patients increased to 4,879 centers.

75.MoH also has a Health Inclusion Roadmap which has been disseminated to 34 Provinces.

76.MoSA has launched the 2019 Stop Shackle Movement in collaboration with the MoHA, MoH, Police and Healthcare and Social Security Agency, involving 9,601 Puskesmas in 34 provinces to handle persons with ODGJ and to optimize the role of local government and society.

Freedom from exploitation, violence and abuse (art. 16)

Reply to question 14 of the list of issues

77.MoWECP has actively carried out efforts to protect women and children from violence by conducting dissemination of information on the protection of women from violence (2016 - 2020), law enforcement officials’ training on the protection of women with disabilities (2017 - 2018), and launching a roadmap to protect women with disabilities from various forms of violence (2019).

78.Furthermore, Presidential Decree No. 65/2020 on MoWECP has mandated the additional function of MoWECP, previously from only coordination, to also provides comprehensive services, especially for cases across provinces, in national and international level, of women and children who need special protection, including victims of violence, discrimination, exploitation and other mistreatment. The new mandate will be carried out by paying attention to regional duties and functions in accordance with the principle of regional autonomy.

79.UPTD PPA is established by the regional government to provide services for women and children who experience violence, discrimination, in need of special protection and other problems, according to their working area. UPTD PPA is located at the provincial and district/city levels. UPTD PPA undertakes 6 service functions: public complaints, victim outreach, case management, temporary shelter, mediation, and victim assistance both psychologically and legally. There are 29 UPTD PPA spread at the provincial level and 94 districts/cities.

80.Indonesia has built integrated health and legal services in responding to reported cases and provides Child Social Protection Homes/Rumah Perlindungan Sosial Anak (RPSA) in several provinces. Through the establishment of an Integrated Service Center between the special police unit and the hospital, child victims who experience very serious forms of violence will have access to health services, psycho-social support, legal consultation, and child-sensitive investigative procedures. RPSA is managed by the MoSA and operates as an emergency shelter, as well as a long-term protection and rehabilitation house, where child victims can stay for up to 6 months or more if needed.

81.During 2020, the Witness and Victim Protection Agency has provided protection programs for 13 persons with disabilities who are victims of violence, in the form of fulfilling procedural rights, psychological, psychosocial and medical rehabilitation, restitution facilities, and temporary living expenses.

82.MoLHR held activity based on an MoU with PERADI (the Indonesia Advocates Association) to provide legal assistance for women with disabilities in the 2018-2021 period.

83.In April 2020, with the increasing violence against women during the pandemic the MoWECP opened a violence hotline service, SEJIWA. MoWECP has also prepared guidelines for more special protection for women with disabilities during the COVID-19 pandemic, and has conducted outreach to UPTD/P2TP2A through online methods. MoWECP, in collaboration with P2TP2A, provides guidelines for handling violence during the pandemic for women with disabilities.

84.Prevention of cases of violence against women and children, including persons with disabilities, has been guaranteed through Law No. 23/2004 on Anti Domestic Violence. The GoI is committed to translating the law into several measures, including the policy to stop domestic violence; coordination and cooperation; communication, IEC; awareness raising and advocacy, capacity building, education and training, and setting gender-sensitive service standards.

85.Additionally, the GoI has put the draft Sexual Violence Bill as one of the priorities in the National Legislation Program (Prolegnas) of 2021.

Protecting the integrity of the person (art. 17)

Reply to question 15 of the list of issues

86.Through the 2020-2024 Disability Inclusion Health Service Roadmap, the GoI guarantees a health service system that is accessible, comprehensive, affordable, of quality, respects dignity and empowers persons with disabilities.

87.Furthermore, MoH has established a strategy to fulfill the right to health at every stage of the life cycle through a life cycle-based Health Service approach, and published Guidelines for Implementation of Reproductive Health Services for Adult People with Disabilities in 2017. These guidelines are used as a reference for health workers and related officers in organizing comprehensive reproductive health services for persons with disabilities of age, both promotive, preventive, curative and rehabilitative efforts.

88.In line with this, the development of IEC media has been carried out in the form of a video tutorial on reproductive health services for persons with disabilities for health workers. The video contains ways of delivering information and interacting in providing reproductive health services with persons with disabilities according to their respective needs. There is no difference in the provision of reproductive health services for persons with disabilities, the only difference is the way in which health workers communicate with persons with disabilities according to the characteristics of each disability. As an effort to increase information and education on health services for persons with disabilities, additional subtitles and sign language translators have been added to the Public Service Advertisement video on reproductive health.

89.In addition, reproductive health, especially contraceptive services, has been regulated in Article 24 of Law no. 52/2009 on Population Development and Family Development, as well as Articles 20 and 22 of MoH Regulation No. 97/2014 on Health Services for Pre-Pregnancy, Pregnancy, Childbirth, and Post-Childbirth, Contraception Administration, and Sexual Health Services.

90.In line with existing regulations, contraception is given to married couples. Women with mild and moderate intellectual disabilities who can still have the ability to understand information are entitled to family planning counselling to determine suitable contraceptive options for themselves and their partners, while women with severe and very severe intellectual disabilities are provided family planning counselling with the help of their family member, partner or the closest people to bridge communication for approval. Sanctions will be given to those who conduct any forms of forced contraceptive services, including to persons with disabilities.

Liberty of movement and nationality (art. 18)

Reply to question 16 of the list of issues

91.The GoI has succeeded in increasing the number of children with birth certificates. In 2014, there were only 32.25% of children with birth certificates, while in 2019 the number of children with birth certificates increased to 90.56% or the equivalent of 73,747,735 children. Coverage of the birth certificate continues to be a priority in the RPJMN 2020–2024. By 2024, the GoI aims at 100% birth certificate ownership nationwide.

92.Various regulations have been made as part of national strategies to expand access to birth certificate, among others:

•MoHA Regulation No.9/2016 on the Acceleration of the Coverage of Birth Certificates;

•MoHA Regulation No. 108/2019 on Term and Procedures in Obtaining Population and Civil Registration;

•MoHA Regulation No. 96/2019 on Population Documents for Vulnerable Population;

•MoHA Regulation No. 7/2019 on Online Population Administration Services.

93.To provide wider access to services, the GoI has established civil registry offices in 34 provinces, 416 districts and 98 cities across Indonesia. Furthermore, the GoI through Embassies and Consulates abroad, has improved services for Indonesian children, including the children of Indonesian migrant workers, to ensure access for Indonesian children to obtain birth certificates.

Living independently and being included in the community (art. 19)

Reply to question 17 of the list of issues

94.Social rehabilitation services for persons with disabilities are provided on the basis of family, community and residential approach. Residential-based approaches are given within a certain period of time according to their needs, and serve as the last resort, if family or community-based treatment cannot be provided.

Personal mobility (art. 20)

Reply to question 18 of the list of issues

95.MoSA through its Directorate of Social Rehabilitation for Persons with Disabilities regularly distributes assistive devices for Persons with Disabilities throughout Indonesia, sourced from either grants or the state budget. A total of 2,395 units were distributed with total fund disbursement of Rp. 5,617,738,170.

No.	Type of Assistive Devices	To t al
1	Wheelchair	892
2	Special wheelchair	462
3	Hearing Aid	664
4	Crutches	92
5	Prosthetic leg	82
6	Prosthetic hand	19
7	Tripod	2
8	Blicd stick	129
9	Brace	1
10	Walker	36
11	Other assistive devices	16
TOTAL	2 395

96.In addition, MoSA collaborated with the American Starkey Hearing Foundation through PT. Alat Bantu Dengar Indonesia conducted a free Hearing Aid donation program for people with hearing and speech impairments in several regions of Indonesia from 2015–2018 with a total donation of 13,353 hearing aids.

No	Year	Total
1	2015	2 519
2	2016	1 776
3	2017	7 179
4	2018	1 879

97.In commemoration of the International Disability Day in 2018, MoSA provided 2,000 hearing aid for persons with hearing and speech impairments in the West Java region.

98.In 2020, MoSA has compiled a Handbook of Assistive Devices for Persons with Disabilities as a guide for Assistants with Disabilities throughout Indonesia in providing assistance with assistive devices, especially in determining the need for appropriate assistive devices for persons with disabilities, how to use and do care for assistive devices for persons with disabilities.

Reply to question 19 of the list of issues

99.In 2017, MoSA held training on Strengthening Mobility Orientation (OM) for 40 officers from the Technical Implementation Unit, UPTDs, Social Welfare Institutions (LKS) from all over Indonesia. Training is given to social workers, OM supervisors or LKS management staff on OM theories and practices, especially for people with visual disabilities. The material was delivered by resource persons from practitioners with visual impairments, OPDs, educational institutions and MoSA.

100.The OM training is also regularly provided to persons with visual impairments who are beneficiaries at the Social Rehabilitation Center for Persons with Disabilities, as a basis for training before receiving other training. This OM training is part of the Physical Guidance activity program which aims to enable persons with disabilities to recognize their environment, carry out mobility independently, be able to interact with their environment, and help themselves and others.

Freedom of expression and opinion, and access to information (art. 21)

Reply to question 20 of the list of issues

101.The GoI has made efforts to provide access to information and communication for persons with hearing and speech impairments, including through the provision of sign language interpreters on news broadcasts on television stations, provision of sign language interpreters or closed captions at seminars, meetings or other activities involving participants with hearing and speech impairments, as well as providing Braille and audio books for persons with visual impairments. The GoI has also issued Government Regulation No. 27/2019 on Facilitating Access to Works for Persons with Disabilities in Reading and Using Braille, Audio Books and Other Means as an effort to protect and ensure easy access to information for persons with disabilities.

102.The GoI seeks to adopt the World Wide Web Consortium Web Accessibility Initiative standards, especially on websites created by the GoI, for example, the National Disability Commission selection site created by the MoSA at https://seleksiknd.kemensos.go.id/ has been made according to these standards so that it can be easily accessed by persons with disabilities.

103.Indonesia has yet to adopt a National Sign Language. Nevertheless, the GoI promotes and does not limit the use and development of various sign languages utilized by communities of persons with hearing and speech disabilities, such as SIBI, BISINDO, Kolok, etc.

Respect for home and the family (art. 23)

Reply to question 21 of the list of issues

104.MoWECP seeks to optimize the role of the community in supporting the protection of children with disabilities as well as their parents through PATBM, as an effort to implement Article 72 of Law No. 35/2014 on the obligation of community participation in child protection efforts. PATBM activists are also equipped with knowledge about how to care for and handle children with disabilities to help families with children with disabilities who experience difficulties in caring and fulfilling their rights, thus preventing the separation of children with disabilities from their parents. As of April 2020, PATBM has been established in 1,776 villages/municipalities in 342 districts/cities in 34 provinces.

105.In addition, Article 14 of Law No. 35/2014 states that every child has the right to be cared for by his/her parents, unless there is a valid reason and/or legal rule indicating that the separation is in the best interest of the child and is the last consideration. Hence, the efforts of legal assistance are made to ensure that children do not experience separation from their parents. In the case where children with disabilities are forced to experience separation due to unavoidable reasons, Article 5 Paragraph (3)b Law No. 8/2016 explains that one of the rights of children with disabilities is to get care and cared for by a family or substitute family for optimal growth and development. “Substitute family” refers to foster parents, adoptive parents, guardians, and/or institutions that carries out roles and responsibilities to provide care and foster for children. In this case, the role of PATBM and UPTD PPA is very important to help ensure the existence of a substitute family for children with disabilities.

Education (art. 24)

Reply to question 22 of the list of issues

106.The GoI continues to take measures to ensure the enrollment of children disabilities to education. The National Socio-Economic Survey (Susenas) data shows that 75.64% of children with disabilities aged 7-17 years old were enrolled in schools, 7.7% were no longer enrolled, and 16.66% had never been enrolled.

107.In 2019, MoEC data on school participation for children with disabilities shows:

•144,102 children in special schools (60% boys and 40% girls);

•104,911 children in inclusive schools (62% boys and 38% girls).

108.According to the MoEC Basic Education Data (Dadopik) as of January 2020, 139,009 children with disabilities attended special schools: 1,158 in kindergartens; 82,990 in elementary; 33,257 in junior-high and 21,604 in senior-high schools.

109.Meanwhile, according to Dadopik as of February 2020, 28,778 children with disabilities attended inclusive schools: 17,558 in elementary; 7,229 in junior-high; 2,016 in senior-high schools and 1,975 children vocational education.

110.Various laws and regulations are implemented, such as Government Regulation No.13/2020 on Adequate Accommodation for Students with Disabilities, MoEC Decree No. 34/2006 on Management of Children with Special Needs and Special Abilities, Government Regulation No. 19/2005 on National Education, MoEC Decree No. 70/2009 on Inclusive Education, and Director General of Primary and Secondary Education Units Circular Letter No. 380/C.C6/MN/2003 which encourages each regent/mayor to provide inclusive education units in their respective regions.

111.Indonesia ensures that education units are accessible and inclusive for persons with disabilities through the implementation of Inclusive Education as mandated in MoEC Regulation No. 16/2007 on Teacher Standards and Competencies, by ensuring availability of teachers which consist of three categories, including: classroom teachers, counselling teachers and special teachers as specific category.

112.To improve the quality of inclusive education, the Government has also collaborated with companies, in providing employment for persons with disabilities, and with contractors to provide access to school infrastructure. In the education process, special assistance for students with disabilities and special needs is provided on tests/examinations, as well as printed literature, including test/exam papers in Braille.

113.The forms and levels of financial and human resource assistance allocated to inclusive education by the Government, including:

•Providing grants to special schools who have Braille Printer to print the teaching books/materials and distribute to the other schools;

•Socializing and developing the Braille characters and sign language in Indonesian to teachers and community through social media;

•Providing grants for regular schools implementing the inclusive education;

•Providing special advisor teacher for the inclusive schools;

•Online special schools’ teachers training or webinar;

•Involving disable people in the relevant workshops/forum/group discussions;

•Involving the Indonesian sign language interpreters in any online/offline event;

•Developing special schools as resource centres for inclusive schools.

Health (art. 25) and Habilitation and rehabilitation (art. 26)

Reply to question 23 of the list of issues

114.Government Regulation No. 75/2020 on Habilitation and Rehabilitation Services for Persons with Disabilities has been issued since December 2020. The drafting went through a harmonization phase since the end of 2019 with relevant Ministries/Agencies and related stakeholders.

Reply to question 24 of the list of issues

115.Approval of medical action is given by a competent patient. Based on Article 1 of the MoH Regulation No. 290/Menkes/PER/III/2008 on Approval of Medical Action, it is stated that a competent patient is an adult or non-child patient according to regulations or is married and his/her physical consciousness is not disturbed, is able to communicate naturally, do not have mental retardation and do not suffer from mental illness so they are able to make decisions freely. Informed consent is still valid even though the patient has a mental disability, namely by being represented by the closest family (husband or wife, father or mother and guardian).

116.Article 12 of Law on Persons with Disabilities guarantees health rights for persons with disabilities. Additionally, Presidential Decree No. 82/2018 on Health Insurance, guarantees that each participant has the right to receive health insurance benefits, which include individual health services for promotional, preventive, curative and rehabilitative services. It includes services for drugs, medical supplies and consumables based on medical necessity. Each participant referred to is any person, including foreigners who have worked for at least 6 months in Indonesia who have paid the Health Insurance Contribution.

117.In addition to the Province of Yogyakarta, since 2011, there are 23 Provinces/Districts/Cities that implements local bylaws related to the Fulfillment of the Rights of Persons with Disabilities which include ensuring equal access to health facilities and services for persons with disabilities. The technical implementation of access to health for persons with disabilities from the local bylaw is further regulated through the regulations of the respective Heads of the Regional Government.

Reply to question 25 of the list of issues

118.Law on Persons with Disabilities Article 12 ensures the rights to health for persons with disabilities. Furthermore, RANHAM 2020-2024 gives special attention to the promotion and protection of the rights of vulnerable groups including persons with disabilities. One of the focuses given on the rights of persons with disabilities is to provide health services through the 2020-2024 Disability Inclusion Health Service Roadmap.

119.The MoH has developed a program of stimulation, detection, early intervention for growth and development (SDIDTK) for children under five to detect early growth and development disorders in children. In addition, it is also developing hospitals which will bereferall hospitals for children's developmental disorders. Currently, 7.331 Puskesmas have implemented SDIDTK and 27 hospitals have been trained as referral hospitals for growth and development disorders.

120.The MoH has also published:

•Guidelines on Children with Disabilities Health Services for Families (2015);

•Guidelines on Children with Disabilities Health Services for Health Workers (2015);

•Guideline on the Implementation of Reproductive Health Services for Adult Persons with Disabilities (2017). Pilot project was conducted in Kulon Progo District, Yogyakarta, and will be replicated gradually during the period 2021 - 2025 in 34 provinces.

Work and employment (art. 27)

Reply to question 26 of the list of issues

121.The Ministry of Manpower (MoM) through the Directorate General of Industrial Relations Development also has formed a task force for discrimination in the workplace including vulnerable groups (women and people with disabilities).

122.In order to promote workers with disabilities in the open labor market, MoM through the Directorate General of Manpower Placement and Employment Opportunity Expansion conducted a Job Fair and socialization and Disability Response Forum.

Table on Workers with Disabilities in 2020

YEAR	Number of Companies	Number of Workers	Number of Workers with Disabilities	% Placement
2020 (As of March)	550	538.817	4.477	0.83
Year	Type of Companies	Number of Workers	Number of Workers with Disabilities	% Placement
2020 (As of March)	SoEs	26.430	201	0.76
Private	512.387	4.276	0.83
SEKTOR	Number of Companies	Number of Workers	Number of Workers with Disabilities	% Placement
Agriculture, Plantation, Forestry and Fisheries	14	15.132	147	0.97
Processing/Manufacturing Industry	294	394.244	3.290	0.83
Wholesaler, Retail, Car and Bicycle Repair	51	67.657	376	0.56
Tourism services, Hotels and Restaurants	50	9.384	189	2.01
Financial Services and Insurance	9	1.745	15	0.86
Health Services and Social Activities	15	4.312	51	1.18
Real Estate/Property	8	1.227	19	1.55
Other services	107	45.116	390	0.86

Source : Data on Mandatory Labor Reporting and Data from Provincial/Regency/City Manpower Office 2020

123.In implementing the minimum quota of employment for persons with disabilities, MoM signed an MoU with State-owned Enterprises regarding the Placement and Training of Workforce with Disabilities and the signing of a joint commitment by five major State-owned Enterprises in Jakarta on 22 July 2020.

124.Based on the MoU carried out by MoM and State-owned Enterprises, 178 workers with disabilities were employed, meeting the 2% quota.

125.Data from MoM in 2019 shows that the number of workers with disabilities in State-owned Enterprises and the private sector continues to increase from 4,286 workers in 2017 to 4,537 workers in 2018.

126.To facilitate, promote and monitor it, MoM carried out Disability Response Forum activities with the commitment of private companies, State-owned Enterprises and Regional-owned Enterprises to employ people with disabilities by monitoring and coordinating with the Regional Office of Manpower in the Province/District/City.

127.Data from Statistics Indonesia in 2019 recorded there were 20.9 millions of working age population of persons with disabilities and 10.19 millions of workforce with disabilities. Only 9.91 millions are employed, and 289 thousands are in open unemployment.

128.The data also shows that the labor force participation rate of persons with disabilities is much lower than the participation rate of the non-disabled workforce, with the wages received by persons with disabilities relatively lower than that of non-disabled workers. Meanwhile, the open unemployment rate for persons with severe disabilities is also relatively higher. Certainly there are still homeworks to create an inclusive and empowering work environment for people with disabilities.

129.In this regard, the GoI through MoM has launched a Community Training Center (BLK) assistance program for Workers/Labor Unions since 2017. From 2017 to 2019, the GoI has built 1,113 Community BLKs. This program is aimed at increasing the competence of workers/laborers, as well as improving the welfare of workers and their families.

130.In preventing discrimination against persons with disabilities in employment, especially women, MoWECP conducts advocacy on cases of discrimination against women with disabilities in employment. During 2016–2020, MoWECP has also conducted skills training for women with disabilities.

Adequate standard of living and social protection (art. 28)

Reply to question 27 of the list of issues

131.MoSA Regulation No. 21/2017 on the Issuance of Cards for Persons with Disabilities has been issued to implement the provision of Article 121 paragraph (3) Law on Persons with Disabilities. As a measure to provide cards for persons with disabilities immediately while regulation is undergoing revision, MoSA issued Director General of Social Rehabilitation Regulation on Cards for Persons with Disabilities in 2020.

Table on Disabilities Cardholder Data

YEAR	2018	2019	2020
Number of Disabilities Cardholder	7 000	6 000	17 000

132.In the Opening Ceremony of the 2020 International Disability Day, MoSA held the Launching of 17,000 Cards for Persons with Disabilities throughout Indonesia. This policy is also implemented by the local government. For example, the DKI Jakarta Provincial Government has distributed 7,137 cards out of a total of 14,000 cards. Persons with disabilities in DKI Jakarta will get cash assistance of IDR 300,000/month, free services using Transjakarta in 13 corridors, subsidized food, and become members of Jakgrosir.

Reply to question 28 of the list of issues

133.The access to social protection and other services for persons with disabilities is ensured within the framework of PKH. PKH is a conditional social assistance program targeted at families in poverty who are eligible for PKH recipients, initiated in 2007. PKH aims to serve as the epicentre in alleviating poverty, which synergizes various social protection and empowerment programs at the national level. PKH ensures the level of social welfare and its benefits are mainly addressed to pregnant women, children, persons with disabilities and the elderly, as mandated by the constitution and the President's top priority program (Nawacita program).

134.The social welfare component of PKH was first added in 2016 which was realized by providing an assistance component to PKH family members with severe disabilities and elderly aged 70 years and over. Persons with disabilities in the social welfare component of PKH are those who have physical, mental, intellectual or sensory disability for a long period of time whose disability cannot be rehabilitated, cannot carry out their daily life activities and/or throughout their lives depend on the help/assistance of others, unable to support themselves, and unable to participate fully and effectively in society on an equal basis with others.

135.The GoI specifically has a social assistance program for persons with disabilities known as the Social Assistance Program for Persons with Disabilities (ASPD). This assistance provided to persons with disabilities on a non-cash basis within a certain period of time to fulfill their rights and therapy in order to increase the capabilities and social responsibilities of persons with disabilities as part of society. Initially ASPD was Social Assistant for Persons with Severe Disabilities (ASPDB), ASPDB has been going on since 2006 and in 2011. It was one of the priority activities in the action plan of the Fair Development program established through Presidential Instruction No.3/2010. In 2019 ASPDB became ASPD. In 2019 and 2020, the number of recipients of this service was 22,500 in 34 provinces.

136.Apart from the ASPD, the MoSA through the Directorate for Social Rehabilitation of Persons with Disabilities and Centers belonging to the MoSA, has also implemented various service programs to fulfill the rights of persons with disabilities. Some of the achievements in 2019 and 2020 are as follows:

PROGRAME	BENEFICIARIES
2019	2020
Business assistance for Persons with Disabilities	838	0
People with Disabilities Card	6 000	17 000
Assistive Device for People with Disabilities	2 478	0
Vocational Training MoU With Industrial Ministry Affairs	268
Social Assistance for persons with disabilities/ASPD (cash transfer)	22 500	22 500
Basic Needs for People with Disability		7 494
President Social Assistance		5 908
Cash Social Assistance/ Bantuan Sosial Tunai (BST)		71 812
Independence Business Assistance for Persons with Disabilities (Grants )	6
Food Assistance (Grants)	258
Staple Food Assistance (Grants)	150
Social Rehabilitation Residential Based	1 500	1 282
Social Rehabilitation Family Based	2 013	1 536
Social Rehabilitation Community-Based	1 608	1 508
Capacity Building for Disabilities	140	120
Assistive Device	1 048	120
Conditional Cash Transfer for Persons with Disability	1 951	25 222
Refocusing budget for basic need for people with disabilities		17 319
Emergency Response	995	655
Literacy for Visual Impairment Disabilities	47 000	47 000
Vocational MoU with Multisector	294	408

137.One of MoSA’s programs to reduce income inequality and poverty among persons with disabilities is the Disability Enterprises or companies with disabilities. This program is a form of continuous development of vocational rehabilitation in the form of workshops that provide job training, facilitate special needs, as well as provide permanent employment opportunities for persons with disabilities in commercially managed workshops.

138.In addition, MoSA, through the Social Rehabilitation Centers, collaborates with various companies (for example Burger King, PT Bijak and other companies) to form partnerships to reduce poverty among people with disabilities. In 2019 and 2020 there were 702 people with disabilities who benefited from this partnership program.

139.Meanwhile, Center for Social Rehabilitation of Persons with Intellectual Disabilities Kartini Temanggung initiated the Caring Shelter Workshop (SWP) in the form of economic empowerment activities and the implementation of vocational training for children with intellectual disabilities, through the making of splash batik in 2018 (which was included in the top 15 public innovations from the Ministry of Research and Development). Now SWP has been replicated in 23 districts/cities through the development of 30 SWPs.

Participation in political and public life (art. 29)

Reply to question 29 of the list of issues

140.Every citizen is guaranteed the right to vote, including persons with disabilities. This is stated in Article 5 of Law No. 7/2017 on General Elections, that “Persons with disabilities who meet the requirements have the same opportunity as voters and as candidates for members of the House of Representative and Regional Representative Board, President/Vice President, members of the Regional House of Representative, and as an election organizer.

141.In addition, Article 4 (2) of General Election Commission/Komisi Pemilihan Umum (KPU) Regulation No. 1/2020 has provided guarantees that disabilities shall not abort candidate requirements. Physical and mental requirements stipulated in the regulation shall not apply to persons with disabilities.

142.KPU as the organizer of general elections in Indonesia also issues various regulations to ensure accessibility in carrying out general elections:

(a)KPU Regulation No. 8/2018 on Voting and Vote Counting in the Election of Governors and Deputy Governors, Regents and Deputy Regents, and/or Mayors and Deputy Mayors ensures the accessibility at voting places, including through data collection, provision of assistance by election officers and appointed assistants. Voters with vision impairment can vote using a visual aid as stipulated in Article 40 (4);

(b)KPU Regulation No. 3/2019 regulates in detail the criteria for voting places that must ensure access for persons with disabilities, such as accessibility for wheelchair users, people with visual impairment/blind, and other physical impairment;

(c)Various KPU Decrees have been issued to technically regulate the Design and Technical Specifications of Aid Devices for visually impaired voters in general elections at various levels.

143.In the 2019 General Election, 43 people with disabilities were listed in the Permanent Candidate List for legislative elections, two of which have been elected (4.6%).

144.KPU Regulation No. 8/2017 and No. 10/2018 provides a basis to attract and raise awareness of persons with disabilities to participate in General Elections and Regional Head Elections. In this regard, “Accessibility” is one of the principles of implementing Voter Education Socialization and Community Participation. In addition, persons with disabilities are one of the targets for Voter Education and Socialization activities.

145.In the technical guidelines for the formation of Democratic Volunteers in General Elections and Regional Head Elections, Democracy Volunteers from groups of disabilities are a priority.

146.KPU also carries out activities that involve groups or communities of persons with disabilities, among others:

•Voting simulation activities;

•FGD activities with groups with disabilities;

•Compilation of voter education socialization materials for groups of disabilities;

•Voter Education Outreach Activities with groups of disabilities;

•Electoral course activities involving groups of disabilities;

•involve groups with disabilities in the screening of KPU member candidates.

Participation in cultural life, recreation, leisure and sport (art. 30)

Reply to question 30 of the list of issues

147.MoEC has taken measures to ensure the participation of persons with disabilities in cultural life and in recreational and sports activities, as follow:

(a)Developing infrastructure standards for schools accessible for children with disabilities;

(b)Issuing Presidential Regulation No. 27/2019 to ensure the accessibility of information, knowledge, arts, and other creativities for visually impaired/blind people in the form of Braille printing, audio, or other formats:

148.During the National Paralympic Week 2020, MoSA carried out several activities:

(a)Public education on inclusivity and alignments for persons with disabilities;

(b)Dissemination on National Paralympic Week to the public, particularly to Social Welfare Service recipients and agents, as well as Public Service advertisements;

(c)Monitoring and evaluation for accessibilities in facilities and venues;

(d)Providing accessibility cars;

(e)Encouraging public participations;

(f)Training of Trainers for Paralympics athletes’ assistants.

149.Indonesia has ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled on 28 January 2020.

III.Specific obligations (arts. 31–33)

Statistics and data collection (art. 31)

Reply to question 31 of the list of issues

150.The short set question of the Washington Group on Disability (SS question WG) has been included in the National Socio-Economic Survey (Susenas) since 2018. This aims at producing disabilities - non-disabilities disaggregated data from indicators generated by Susenas, especially SDGs indicators.

151.The SS question WG continues to be included in Susenas every year. A sample of 300,000 households was obtained in 2018, 320,000 households in 2019, and 345,000 households in 2020.

152.The disaggregated data of disabilities - non-disabilities has been presented by Statistics Indonesia in the publication of Education Statistics 2018 and 2019, Youth Statistics 2018 and 2019, Elderly Population Statistics 2018 and 2019. These publications have been made available in the official Statistics Indonesia’s website and open for the public to download.

153.For Census 2021 sample survey, the SS question WG will be also included in the Census 2021 Long Form questionnaire by adding several questions to accommodate types of disabilities based on Law No. 8/2016. The Census 2021 Long Form questionnaire is currently under trial, as the actual field survey is set for July 2021, targeting a sample of 3 million households. This is expected to generate data prevalence of persons with disabilities based on types of disabilities disaggregated by regions (province/district/city).

International cooperation (art. 32)

Reply to question 32 of the list of issues

154.Efforts to encourage the participation of persons with disabilities in international cooperation are made through:

•Supporting increased Indonesia's active role in the UN Committee on the Rights of Persons with Disabilities, In June 2018, Risnawati Utami (Activist on Disabilities Issues in Indonesia) was elected as a member of the CRPD Committee for the 2019-2022 period. The full support of the GoI throughout her candidacy towards her election is a form of commitment to support the participation of persons with disabilities in international cooperation;

•ASEAN regional cooperation through AICHR’s ASEAN Enabling Masterplan to Mainstream the Rights of Persons with Disabilities adopted at the 33rd ASEAN Summit in 2018.

155.The promotion of the rights of persons with disabilities at the international level is an important agenda for Indonesia. Indonesia hosted ASEM Seminar of Human Rights: Human Rights and Persons with Disabilities in 2017, and will host the High-Level Intergovernmental Review of the Asian and the Pacific Decade of Persons with Disabilities, in 2022.

National implementation and monitoring (art. 33)

Reply to question 33 of the list of issues

156.As mandated by Law No. 8/2016, the GoI has issued Presidential Decree No. 68/2020 on the National Commission for Disabilities.

157.As a follow up, MoSA as the focal point for issues related to the Rights of Persons with Disabilities has implemented several strategic steps to establish a Commissioner for the National Commission for Disabilities, as follows:

•Drafting MoSA Regulation on the Organization and Work Procedure of the National Disability Commission Secretariat throughout 2020;

•Establishing Open Selection Committee for Commissioner of National Commission for Disabilities, as mandated by MoSA Decree No. 8 118/HUK/2020.