Access to places of worship for persons with disabilities in Indonesia: Law and policy completion

Abstract

Persons with disabilities (PwD) as citizens have the same rights as non-disabled citizens including the right to religion and worship according to their religion and beliefs. In Indonesia, six religions deserve the recognition and protection by the state, i.e. Islam, Christianity, Catholicism, Hinduism, Buddhism, and Confucius but PwD people still experience discrimination and dangerous access to places of worship in mosques for Muslims, churches for Christians and Catholics, vihara for Hindus, temples for Buddhists, and kelenteng for Confucians. This article aims to review and explore Indonesia’s regulatory and policies on the rights of PwD. The research method used is legal research using legal principles and social approach. PwD in Indonesia are not yet free in religion and it is not easy for them to access places of worship because of social and cultural stigma and unequal standing with other citizens. The findings from this study conclude that the policy paradigm and regulation of the rights of PwD in Indonesia is dominated by a compassionate perspective. Forms of discrimination and dangerous experienced by PwD include: discrimination against places of worship, discrimination against facilities of places of worship, no special services for PwD, the mindset of religious leaders still discriminates against PwD. The completion from law and policy perspective is that the regulatory paradigm of PwD should be based on human rights, among others: making special regulations for places of worship disability-friendly, legal sanctions and awards to managers of places of worship, and work effectiveness of the national commission for disability.

Keywords:

• law
• places of worship
• disabilities
• access and dangerous

Acknowledgments

Thanks to the Institute for Research and Community Service, Universitas Sebelas Maret Surakarta, which has funded this research.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Additional information

Notes on contributors

Agus Riwanto

Agus Riwanto is lecturer in constitutional law, Faculty of Law, Universitas Sebelas Maret-Indonesia and Head of the Cooperation Department of the Central Board of the Association of Lecturer of Constitutional Law and State Administration Law-Indonesia in 2021 until now. He graduated with Doctoral Program in Law, Faculty of Law at Universitas Sebelas Maret in 2012. He has written a number of books and articles in journals especially on topics Constitutional Law, Human Rights, Electoral Law and Citizenship Law. Among others: Construction of Legal Culture Model For Corruption Prevention Through Social Media In Indonesia. Jurnal Hukum dan Peradilan Vol 11, No 3 (2022) and The Construction of Law Neutrality of State Civil Apparatus in the Simultaneous Local Election in Indonesia. Yuridika. Vol. 34 No.2 (2019).

Achmad Achmad

Achmad Achmad is lecturer in constitutional law, faculty of law, Universitas sebelas Maret Surakarta-Indonesia.

Sri Wahyuni

Sri Wahyuni, is lecturer in constitutional law, faculty of law, Universitas sebelas Maret Surakarta-Indonesia.

Sukarni Suryaningsih

Sukarni Suryaningsih is lecturer English Departement, Faculty of Humanities Universitas Diponegoro Indonesia.

Delasari Krisda Putri

Delasari Krisda Putri is a student master of Law, Faculty of Law, Economic and Governance Utrecht University, The Netherlands.