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

1. Introduction

This article discusses the Indonesian state’s laws and policies regarding religious freedom and access to worship in a place of worship based on one’s religion and beliefs. The protection of human rights (HR) in Indonesia is one of the reform mandates marked by including guarantees of HR for citizens in the Indonesian Constitution. The second amendment to the 1945 Constitution of Indonesia included provisions regarding human rights, which were included in an additional chapter, namely Chapter XA. The addition of HR guarantees in the Indonesian constitution is proof that the Indonesian nation is seriously committed to encouraging respect, protection and fulfillment of HR by the state for all its citizens (Juwana, 2021). This is a manifestation and a concrete step in shaping Indonesia as a democratic legal state.

HR in all circumstances must be respected, protected and fulfilled not only by the state but also by all elements of the nation including the government and society (Quintavalla & Heine, 2019). With such an understanding, respect, protection and fulfillment of HR for citizens must be guaranteed in the laws and regulations that apply in Indonesia (Widijantoro et al., 2021). As for what is meant by citizens in the Indonesian constitution includes anyone without exception as stipulated in Article 25 paragraph (1) of the Indonesia constitution including PwD. PwD experiences long-term physical, mental, intellectual, or sensory impairments in interacting in their social environment. The consequences may hinder their full and effective participation in society on an equal basis with citizens in general.

The assertion that Indonesian citizens include everyone without exception including PwD is very important, because in reality human rights for PwD are often ignored, even violated (Ahmad Zein et al., 2020). The violation occurred because the PwD was not considered part of the citizenry. As a result, PwD is not equal to other citizens in obtaining the protection of their rights in social life, especially the right to freedom of religion and the ease of carrying out worship in places of worship according to their beliefs and religion.

The proportion of people who are disabled in the world, as noted by the World Health Organization, is 15%. Most of them inhabit developing countries, and the prevalence of disability tends to rise as the population ages. Around 82% of them live in developing countries, where they often cannot access health care, education, training, as well as decent work. In 2020, there were 197,582 disabled people in this country out of a total population of 270.20 million. The most functional group of difficulties in Indonesia, namely: 6.1 million people with severe disability consists of 1.2 million people with physical limitations, 3.07 million people with sensory limitations, 149 thousand PwD mental health, and 1.7 million people with intellectual disabilities (Tim Badan Pusat Statistik Indonesia, 2020).

Article 29 (1) of the Indonesian Constitution states that the state shall be based on the One and Only God. In other words, in Indonesia, the values of God are the guidelines for formulating laws and government policies (Latifiani & Ilyasa, 2021). Their right to religion and belief is fundamental and is enshrined in Article 29 (1) and Article 29 (2) of the constitution, which guarantees that each citizen is free to embrace religion and worship.

That is why all religions recognized by the international community are permitted to be practiced by Indonesians, and the state regulates and recognizes all religions (Maula, 2013). In Indonesia, six religions deserve the recognition and protection by the state, i.e. Islam, Christianity, Catholicism, Hinduism, Buddhism, and Confucius (Butt, 2020). The government allows every religion to build buildings to become places of worship, namely mosques for Muslims, churches for Christians and Catholics, vihara for Hindus, temples for Buddhists, and klenteng for Confucians (Crouch, 2007).

As part of humanity and citizens of Indonesia, PwD constitutionally has equal rights and status before the law and government. Therefore, increasing the role and respecting, protecting and fulfilling the rights and obligations of PwD in national development is an important and strategic matter (Lawson & Beckett, 2020).

Studies conducted previously by (Marshall, 2018) shows that in practice places of worship do not prepare facilities for the accessibility of PwD in worship. Studies conducted by (Armando et al., 2012) finding that places of worship such as disability-friendly architecture, supporting facilities, disability-sensitive communication tools, and the attitude of leaders of places of worship and congregations who are committed to and respect disability. Studies conducted by (Priamsari, 2019) emphasized the impact of the inhospitable place of worship and worship facilities that do not affect people with disabilities, that they experience discrimination in the right to freedom of religion and worship, so that equal rights between citizens are not prostituted in Indonesia.

A study conducted by (Daniel R Heimbach:2015) shows that the government needs to play a role in guaranteeing the religious freedom of every citizen (Heimbach, 1994).

While the study conducted by (Munyi, 2012) points to the fact that the general understanding of people in the world, including Indonesia, about people with disabilities still tends to be negative. This negative understanding is because society generally defines and treats people with disabilities based on a mindset dominated by the concept of normalcy which has implications for stigmatization and discrimination against these PwD.

Studies from (Daming, 2013) found that the main trigger for the occurrence of marginalization and discrimination against PwD stems from the institutionalization of stereotyped attitudes and behavior and prejudice from the common people, intellectual groups to the ruling elite. However thing the most dangerous is if this attitude grows and resides in the rulers. As decision makers, they have the potential to produce policies that violate human rights principles, because in making and implementing policies, they start from a lack of comprehensive knowledge about PwD. As a result, policies that are born are full of nuances of discrimination, cynicism, a priori and even apathy.

Studies conducted by Hughes (1995) show that both in the United States and in the United Kingdom the PwD community not to be fully accessible worship in places of worship even a number of laws and regulations have not been able to fully favor PwD (Hughes, 1995).

Based on previous studies, this study takes a stand to explore the regulatory policies of the rights of PwD and offers the need for special regulations related to the protection of the rights of PwD in religion and the accessibility of worship in places of worship.

The urgency of this study is to ensure that the state protects PwD in exercising the right to worship and the right to freedom of religion according to their beliefs through various accessible congregations policies, namely providing facilities for places of worship that facilitate access for PwD by providing adequate facilities (Amado et al., 2012). In order to encourage stakeholders in the protection of PwD rights, such as local governments to draft local regulations that are friendly to PwD, religious leaders respect PwD more, civil society is more concerned about PwD. In the future it is necessary to formulate policies and laws that are more sensitive to PwD.

Some countries have fulfilled the right of PwD in carrying out worship, such as in Europe churches already have special facilities for PwD (Endress, 2021). It has even created general guidelines for PwD: advocating, reflecting, asking, researching, equipping, embracing, proacting, including, and praying (Erik W Carter et al., 2023). Protection and respect for PwD in many countries is done individually to ensure that religious communities accept PwD as an integral part of being a religious community. So in places of worship provided special facilities designed to accessible disabilities (Hobbs et al., 2016).

In Malaysia mosques have been built to the standards of PwD requirements (Mohd Shobri et al., 2018). In Canada, communities and governments have developed guidebooks on how to facilitate PwD in worshipping in places of worship (Inclusive Design Research Center, n.d..).

This study is also important because PwD’s rights in freedom of worship in places of worship and freedom of religion according to faith has not been seriously carried out by the government, religious leaders and civil society in Indonesia. That is why PwD in Indonesia has experienced inhumane treatment, making it very dangerous for efforts to equalize the protection and fulfillment of rights between citizens.

Some cases of discrimination against PwD are prohibited from praying in Indonesia, for example in the cases in Jakarta and West Sumatra, a person with a disability in a wheelchair was prohibited from entering the Al Muslimin mosque at the Indonesian Navy National Army Complex, in Pasar Minggu, South Jakarta (Prihatini, 2023). In West Sumatra, two PwD in wheelchairs were also banned from entering the Grand mosque of West Sumatra (Setia Budi, 2019).

This study aims to analyze and evaluate the products of regulations and policies made by the Indonesian government in protecting the rights of PwD. This study offers specific policy and regulatory completion for the protection of religious rights and the right to ease of access to places of worship of PwD according to their religion and beliefs in order to prevent discrimination of rights between citizens. The formulation of the problem studied in this article is formulated as follows:

1. What is the regulation of the 1945 Constitution and the paradigm model of legislation on freedom of religion and worship for PwD in Indonesia?

2. What are some forms of discrimination that make it dangerous and difficult for PwD to access places of worship in Indonesia?

3. What is the completion in a legal and policy perspective to ensure easy access to places of worship for PwD in Indonesia?

2. Method

This article uses qualitative normative legal research methods, namely research applied specifically to legal science aimed at finding the meaning behind the research subject. Using the approach of legal principles and social approach: interpreting various laws related to PwD aims to show that Indonesia already has laws and regulations and ratified laws on the protection of the rights of PwD, but in its implementation PwD still experience dangerous to access to places of worship.

This research focuses on sources of legal materials from library data and data from field research by interviewing in-depth leaders of six religions and in mosques for Muslims, churches for Christians and Catholics, vihara for Hindus, temples for Buddhists, and temples for Confucians in Surakarta City Indonesia. Literature research is intended to obtain secondary data, in the form of primary legal materials, namely the 1945 Constitution, the United Nations Convention, the Law on PwD, and secondary legal materials in the form of various policies that have been made by the Indonesian government related to PwD. Followed by inventorying, researching or testing legal materials or written data relevant to PwD in order to offer completion to solve the problem of discrimination and the dangers of PwD who experience difficulties in accessing worship in houses of worship in Indonesia.

3. Result and analysis

3.1. Regulation of the 1945 constitution and the paradigm model of legislation on freedom of religion and worship for PwD

The Indonesian Constitution 1945, i.e., its last paragraph, says that Indonesia has its Pancasila ideology, which comprises five basic principles: belief in one and only God (Belief), justice as well as civilized humanity (Humanity), and Indonesian unity (Unity). Fourth, wisdom guides democracy in the deliberation of representation (deliberations). Fifth, social justice for all Indonesians (Social Justice).

Pancasila’s 1st principle, Belief in One and Only God, emphasizes Indonesia is a secular state that is anti-certain religion rather than a religious state (Alfitri, 2018). The values reflected by Pancasila are summarized as follows:

1. The Indonesian nation believes in God and refuses to understand anti-God (Atheism);

2. The Indonesian people practice their religious teachings in a civilized manner, respecting one another;

3. The Indonesian people must freely, civilly, and fairly worship their God and their respective religions and beliefs.

4. The Indonesian people follow the orders of their respective religions and beliefs while maintaining harmony in society, nation, and state life.

5. The Indonesian people do not impose their religion or their belief in God on others.

The manifestation of the principle is embodied in constitutional norms, namely Article 29 (1), that everyone can practice their own religion and worship as they see fit.

Indonesians can embrace and practice their religion. Article 28E (1) of the Indonesian Constitution stipulates everyone’s freedom to embrace religion and to worship, to choose their education as well as teaching, to work, to be a citizen, to choose and leave a place to reside in the state’s territory, and to return”.

Article 29 (2) stipulates that everyone can practice their own religion and worship. Furthermore, according to human rights, everyone can live and may not be tortured, enslaved, and prosecuted retroactively. They deserve freedom of religion, personality, conscience, and thought. Everyone shall be recognized as a person and equal before the law. In addition, those rights cannot be diminished.

Article 22 (1) and (2) of Law No. 39/1999 concerning Human Rights also says that everyone is free to profess their religion as well as belief and the freedom shall be guaranteed by the state.

According to Article 80 of the Manpower Law, Employers must allow their workers/laborers to worship as it is obligatory. As a result, religious freedom is guaranteed by the Constitution, Law on Human Rights, as well as the Manpower Act. It demonstrates that everyone has the right to live peacefully, freely embracing their respective religions while respecting differences.

Similarly, in the context of Indonesian rule of law, according to Bhineka Tunggal Ika (diversity in unity), people are free to practice their religion’s teachings and values as long as they do not dominate and are hostile to one another. Furthermore, the spirit of Bhineka Tunggal Ika in religion is to respect the diversity of beliefs that live and grow without mingling religious teachings.

This means that each religious community’s religious attributes, rituals, and rituals must be kept pure through the independence of their followers, religious leaders, and religious organizations.

PwDs citizens, like other citizens, have the same rights, namely economic, social and cultural rights. The state has an obligation to fulfill (Sépulchre, 2020), respect and protect every right to education that every citizen has. In article 28 C of the Indonesian constitution it is stated that every person has the right to develop himself through meeting his basic needs, has the right to receive education and to benefit from science and technology, art and culture, in order to improve his quality of life and for the welfare of humanity. It is clear here that the general obligation of the state in fulfilling the right to freedom of religion and access to the ease of worship according to one’s beliefs for PwD is to facilitate, promote, and provide what they need.

Sixteen years ago, The United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD). It was ratified by the General Assembly on 13 December 2006 and has become fully legal since May 2008.

This convention comprehensively discusses the human rights of PwD, stating that they are granted the equal human rights and needs to their non-disabled counterparts. Then it manifests itself in 30 articles pertaining to the rights that a country must provide for disabled citizens. Until now 160 countries have signed and 175 countries have ratified the convention.

Indonesia is one of the member states of the United Nations that has ratified CRPD through Law Number 19 of 2011 (on 18 October 2011. Law No.19/2011 is the legal umbrella for each related legislation to pay attention to and realize equal rights for persons with disabilities.

In addition to the government’s obligations in respecting, protecting and fulfilling the rights of persons with disabilities stipulated in the CRPD, there is an optional protocol that establishes two procedures to strengthen the implementation and monitoring of the CPRD. First allows individuals to petition the CRPD Committee, claiming violations of their rights; and the second authorizes the CRPD Committee to conduct investigations into serious violations of the CRPD.

It has been ratified through Law No. 19 of 2011. Then, the government enact a number of regulations on disabled people, such as: Types of Regulations (See Table 1).

Table 1. Regulation concerning PwD

Number	Type of Regulatins	Concerning
1	Law Number 8 of 2016	Persons with Disabilities
2	Law Number 13 of 1998	Welfare of Persons with Disabilities.
3	Government Regulation Number 43 of 1998	Efforts to Improve Social Welfare for Persons with Disabilities;
4	Government Regulation Number 43 of 2004	Improve Social Welfare for Persons with Disabilities;
5	Decree of the President of the Republic of Indonesia Number 83 of 1999	Coordinating and Controlling Institutions for the Improvement of Social Welfare for Persons with Disabilities
6	Presidential Decree Number 52 of 2004	National Commission for the Elderly
7	Instruction of the President of the Republic of Indonesia Number 1 of 2010	Acceleration of the Implementation of National Development Priorities in 2010
8	.Instruction of the President of the Republic of Indonesia Number 3 of 2010	Equitable Development Program
9	Regulation of the President of the Republic of Indonesia Number 9 of 2015	Coordinating Ministry for Human Development and Culture of the Republic of Indonesia
10	Regulation of the President of the Republic of Indonesia Number 36 of 1980	Social Welfare for Persons with Disabilities
11	. Regulation of the Coordinating Minister for Human Development and Culture Number 01 of 2015	Organizational Structure and Work Procedures of the Coordinating Ministry for Human Development and Culture of the Republic of Indonesia
12	Regulation of the Minister of Home Affairs Number 60 of 2008	Guidelines for the Establishment of Regional Commissions for Persons with Disabilities and Community

Sources: Ministry of Law and Human Rights of the Republic of Indonesia 2023.

The regulations above have not been optimally implemented by state institutions, religious institutions, or spiritual leaders in fulfilling services for the rights of PwD in religion and worship. Even though government policies relating to disabled people in this country have been implemented, problems and obstacles still remain (Nurhayati, 2020). For example, efforts to implement Disability Inclusive Development in the infrastructure for worship places are still required.

There are so many and the spread of laws and regulations that regulate disability matters is only able to prove that disability issues have been thought of in various fields. However, the quantitative aspect has not been able to read the substance aspects of the existing provisions, that the regulatory concept formed in the disability legal framework cannot be known with certainty.

At a global level, the perspective on disability issues has changed, from a medical perspective that focuses on a person’s physical condition, to a social perspective that focuses on social and environmental interactions (Oliver & Barnes, 2010). The medical point of view sees barriers or limitations in a person’s physique, the point of intervention that must be made is PwD. Whereas in the social approach, obstacles always exist in patterns of social interaction or conditions in the surrounding environment, that the point of intervention moves from the physical PwD to patterns of interaction in the community or environment around PwD (Schuster & Kolleck, 2021). The current objective position in looking at the disability legal regime is to achieve equality between PwD and non-PwD. In looking at the principle of equality, there are two approaches, namely formal and substantive. The formal approach of equality looks at equality in treatment. The substantive approach fills in the difference to justify the different treatment, even though in the end it does not lead to equality in the results.

In the various laws and regulations in Indonesia that regulate PwD as stated above, the charity-based perspective with a medical approach still dominates. Laws and regulations tend to intervene in changes to the physical condition of PwD so that it adapts to the “normal” or mainstream situation. In addition, the condition of PwD in this approach is considered to be unlucky so that the approach taken, apart from physical repairs, is to provide financial assistance to overcome obstacles and alienation in society.

The breadth of sectors covered in disability regulation led to the finding that in fact the issue of disability has become a concern in various fields, not only in the medical, political, economic, social sectors, but also the right to freedom of religion. This model places the issue of PwD from a human rights perspective, where the problems faced by PwD are seen as universal humanitarian problems. So that attention to the issue of PwD is not only seen from one perspective, but multi-perspective as the nature of multi-talented and multi-needs humans (Della Fina et al., 2017, pp. 41–60). This can be proof that the issue of disability is a multi-sector issue that seems to be unable to be forced into just one sector. However, these laws and regulations still use a charity-based compassion approach. As a result, the solution to PwD’s problems in society uses an approach based on compassion as well.

The struggle to gain recognition for the rights and potential of PwD has long been carried out by disability leaders as well as from community leaders in general. The effort was started by changing the charity-based paradigm to an approach based on human rights and the potential to play a role in society or a social approach. With a social approach, PwD gets the same opportunities as other citizens in all aspects of life, such as education, work, participation in all community activities and religious freedom and easy access to worship in places of worship according to their religion and beliefs.

3.2. Forms of discrimination that make it risk and difficult for PwD to access religion worship in place of worship

3.2.1. Violation of religious rights of disabled people in Indonesia

Disabled people have the equal rights, obligations, and position to their non-disabled counterparts. They deserve special treatment, to protect their ability from being discriminated against, particularly from multiple violations.

The general situation of PwD in Indonesia is still concerning. They are discriminated, stigmatized, harassed, expelled, ridiculed, assaulted, raped, exposed to violence, murdered, etc. Those violations can diminish their dignity as human beings. Human rights violators can be state officials, law enforcement officers, members of the general public, or even members of their own families. As a result of these various human rights violations, people with disabilities’ human rights cannot be fulfilled (Nainggolan et al., 2016).

Indonesia is one of the developing countries that has a high number of citizens with disabilities. According to data from the Ministry of Social Affairs of the Republic of Indonesia in 2022, the percentage of people with disabilities reached 2.45%. With a total of 11,580,117, it counted 1,163,508 people with disabilities who were targeted by government policies and programs in Indonesia (See Table 2).

Table 2. People with disabilities in Indonesia

Number	Disability Classification	Amount
1	Visual disability	3,474,035
2	Physical disability	3,010,830
3	Hearing disability	2,547,626
4	Mental disability	1,389,614
5	Chronic disability	1,158,012
	Amount	11,580,117

Source: Ministry of Social Affairs of the Republic of Indonesia (2022).

In terms of age, based on disability data, according to the National Socioeconomic Survey of the Republic of Indonesia in 2022, it shows that from the age group of 2–6 years, there are 33,320,357 people, who are people with moderate disabilities as many as 1,150,173 people, while people with severe disabilities are 309,784 people. The age group of 7–18 years amounted to 55,708,205 people, divided into 1,327,688 people with moderate disabilities while 433,297 people with severe disabilities numbered. The age group of 19–59 years is 150,704,645 people divided into people with moderate disabilities totaling 15,834,339 people, while people with severe disabilities are 2,627,531 people. The age group over 60 years is 24,493,684 people with details of people with moderate disabilities as many as 12,073,572 people, while people with severe disabilities are 3,381,134 people (See Table 3).

Table 3. Classification of Persons with Disabilities in Indonesia by Age

Number	Age Group	Moderate Disability	Severe Disability	Amount
1	2–6 year	1.150.173	309.784	33.320.357
2	7–18 year	1.327.688	433.297	55.708.205
3	19–59 year	15.834.339	2.627.531	150.704.645
4	60 year	12.073.572	3.381.134	24.493.684

Source: National Socioeconomic Survey of the Republic of Indonesia (2022).

Disability can occur due to labeling which is carried out starting from giving mentions and continuing with acts of discrimination (Bonaccio et al., 2020). This is done starting at the scope of the family, society, and no less great is also done through the formal institutional structure by the state apparatus. They carry out the mutilation process through the designations they use in the official language in the mass media and official state documents. For example, those in the Ministry of Social Affairs have always refused to change the title they give to people with different physical conditions from the term disabled. Even now using the term PwD. It is not only the term they use to consider people who have different physical conditions, but the policies in the form of laws and regulations that they make limit human rights.

People with disabilities are frequently associated with the sick, weak, helpless, and unproductive. Disabled people continue to face discrimination owing to their disability. Because of their inaccessible environment, their activities and mobility are severely limited and hampered (Sholihah, 2021).

Low self-esteem also has impacts on one’s capability of socializing and interacting with one’s surroundings and others, as well as one’s happiness (Karyanta, 2013).

Disabled people are a vulnerable group that is often isolated in their social lives, excluded due to poverty, making disability both a cause and an effect of poverty. They are excluded from work and social networks because their families, physical environment, as well as public and private services keep them hidden (Maftufin, 2017).

In Indonesia, a negative stigma attached to disabled people remains. They are deemed to lack the ability and are considered a burden to their surroundings. The charitable approach continues to dominate and influence legal policies, rather than the human rights approach (Umamur, 2017).

People with disabilities continue to face discrimination, particularly against women and children (Beleza, 2003). Due to their gender and disability, they face double discrimination. Because some are hidden by their families, their existence is usually isolated. They are considered synonymous with social problems and social assistance, and social service responsibilities. Indeed, the issues at hand are quite complex, including issues of religious freedom, which necessitates cross-sectoral participation.

In Indonesia, the Minister of Religion and the Minister of Home Affairs issued Joint Regulations Number 9 and Number 8 of 2006, saying a place of worship is where followers of religion worship permanently, excluding places of family worship. Persons with disabilities are not free to practice their religion or worship in places of worship due to social and cultural stigmas that place them as second-class citizens with no equal standing with other citizens. Furthermore, religious facilities and services in places of worship, particularly churches and mosques, are not yet accessible to people with disabilities.

3.2.2. Discrimination of places of worship

The right of disabled people to religious freedom is determined by the non-discriminatory construction. There are places of worship for everyone, including mosques for Muslims, churches for Christians and Catholics, temples for Hindus, vihara for Buddhists, and klenteng for Confucians. The building’s design does not consider accessibility.

In Indonesia the architecture of places of worship creates problem for disabled people; for example, there are no sign boards for places of worship, fences for places of worship are made to be high, buildings are terraced, and the stairs to the second floor are designed for normal people so disabled people find it hard to enter. The ablution area in the mosque is not designed to accommodate people with disabilities (Maftuhin, 2014). The church chairs are not specially designed for people with disabilities (Karnawati, 2015). Inadequate parking space for people with disabilities. There are two known approaches to creating a disability-friendly architectural design (twin track approach) (Sameness, 2008).

Clean and comfortable wheelchair facilities are not available, stored in a certain place that is easily accessible to help persons with disabilities. Walkers/walking aids such as sticks and the like are not yet available which are stored in certain places that are easily accessible to people with disabilities. There is no dedicated vehicle parking for PwD. There is no pedestrian path for the blind with disabilities. There is no ramp for the disabled yet. There are no PwD-only toilets available. There are no entrances to places of worship that are wide enough for wheelchairs and easily accessible door handles for PwD.

The first approach is to design public facilities and services to accommodate their needs in an integrated manner (universal design). Meanwhile, the second approach is to construct public facilities and services with a “special design” to accommodate their unique needs. In the context of fulfilling citizens’ human rights, the two approaches are integrated with national development, so they are not viewed as an additional burden for facility provision.

In an effort to protect and fulfill PwD’s right to worship, the two approaches need to be integrated, so that they are not seen as an additional burden for the provision of facilities.

The survey was conducted throughout Jambi Province by researchers of Sultan Taha Syarifuddin State Islamic University in 189 houses of worship ranging from mosques, churches, to temples. The survey results showed that only 56 houses of worship have provided seats for people with physical disabilities. While the remaining 133 do not yet have. In addition, only 71 houses of worship have pedestrian paths to make it easier for people with physical disabilities to access houses of worship. Likewise with propagation facilities, there are only 84 houses of worship (Tabunan, 2021).

3.2.3. Discrimination of places of worship facilities

Because there are no special services, facilities in places of worship are often discriminatory for people with disabilities (Indonesia Disability Convention Team, 2018). For example, there are no braille-printed holy books such as the al-Quran and the Bible for people with disabilities to read, no interpreters of religious leaders’ lectures using sign language for people with disabilities to understand, and no websites, blogs, Instagram, Twitter, or WhatsApp specifically designed to serve people with disabilities in worship (Mammadova & Ahmadov, 2017).

Discrimination in access to PwD facilities to worship in places of worship in Indonesia can be seen from the absence of standard standards both architectural design and special facilities for PwD who will worship for six religions: mosques for Muslims, churches for Christians and Catholics, vihara for Hindus, temples for Buddhists, and klenteng for Confucians.

Several cases of discrimination against PwD prohibited to worship in places of worship often occur in Indonesia, including (See Table 4):

Table 4. Cases of PwD discrimination access to places of worship in Indonesia

Number	Forms of Discrimination	Name of Place of Worship	Location	Cases of Year
1	Physical disability in wheelchairs cannot worshiping	Mosque	South Jakarta	2023
2	Visual disabilty prohibited to worshiping	Tample	Buleleng-Bali	2022
3	Physical disability in wheelchairs cannot worshiping	Mosque	West Sumatera	2019
4	Hearing disability cannot worshiping	Church	Bandung-West Java	2018
5	Hearing disability cannot worshiping	Church	Yogyakarta	2016

Source: Processed from various sources.

While in some countries already have standard facilities for places of worship, for example the building of churches in the United States has standards friendly to PwD (E Vierkant et al., 2006). Mosques in Malaysia have also been standardized to be PwD-friendly (Sarkawi et al., 2016).

3.2.4. No special services provided for PwD

Religious institutions have provided no special services for disabled people, so many of them go to places of worship if a family member is willing to transport them. This action is voluntarily taken to support and serve their own members. The lack of services and assistance given by religious institutions creates disparities or social distances between disabled people and their religion or beliefs. Religious institutions are passive in providing services to disabled people in places of worship, despite their need for special services.

PwD should be included in participating in all activities organized by religious communities in places of worship without distinguishing between PwD and non-PwD (Collins & Ault, 2010). This participation is aimed at ensuring inclusive practices in places of worship. This activity can be started from a young age so that they feel part of the majority community from an early age (Ault et al., 2013).

Special services for PWD’s from home to places of religion worship are not available. For example, public transportation designed specifically for PWD’s. In fact, one of the reasons for the injustice of access of PWD’s in actively participating in community activities including worship in places of religion worship is the absence of special services.

3.2.5. The mindset of religious leaders discriminates against PwD

The mindset of religious leaders and religious leaders who are not open to people with disabilities and are unaware of the needs that disabled people require to exercise their right to religious freedom (Stuart, 2010). Whereas the characteristics of an inclusive religious community include: featured faith leaders who were more committed to inclusion, used educational resources to address disability-related issues and portrayed people with disabilities positively in their religious teachings (Griffin et al., 2012).

Although religious leaders believe that all religious teachings understood from the holy books teach equality between humans before God, religious leaders in Indonesia are still in a normal mindset, and as a result, they lack empathy for people with disabilities, making them difficult to understand. Most of these religious leaders are unsure about the laws and regulations on protecting how disabled people worship.

The role of religious leaders in religious communities is critical to ensure that PwD receives serious and acceptable attention in non-disabled religious communities, in addition to the need for religious leaders to provide consultation facilities and facilities that availability of accessible materials for individuals with disabilities (Carter et al., n.d.).

In the Christian worship service in the Church against PwD. The church does not yet have theological documents, catechism teaching materials or ministerial enrichment related to PwD issues and there are no teaching service facilities that can accommodate the needs of PwD. The absence of PwD-friendly church facilities shows that the church does not yet view PwD as a central issue of human equality as a service need. PwD is not a church business, it’s a family responsibility. The participants saw that the PwD issue was more a family responsibility than a service burden for the church. The needs of PwD services such as self-reliance education, socialization and access to needed resources are personal matters of PwD and family, not a matter of church ministry, therefore the church does not formulate a strategic program related to PwD (Harisantoso, 2022)

This research is important to formulate a model that can be applied by the government to protect the access for disabled people in worship in places of worship through various legal policies that enable them to worship in places of worship adequately so that equal rights can be realized between citizens (equal rights of citizens).

Based on this urgency, the following will present a proposal regarding the ideal model of the role in guaranteeing their rights to worship in places of worship.

3.3. Completion in a legal and policy perspective to ensure easy access to religion worship in place of worship for PWD’s

3.3.1. Making special regulations for places of religion worship disability-friendly

Indonesia’s central and local governments are obligated to protect PwD from pressure and discrimination (Indonesia Disability Convention Team, 2018). By any party to embrace religions and beliefs and worship; conduct religious guidance and counseling for PwD; encourage managers of places of worship to encourage accessible infrastructure for themes; provide easily accessible holy books as well as religious literature based on the needs of the person providing sign language translators.

Establishment of a regional regulation on the right of PwD for religion and worship. Protection and respect for PwDs rights in Indonesia in terms of freedom of worship in places of worship has only been regulated at the national government level, namely through Law 8/2016. The existing regional bylaws only regulate how their rights are protected and respected in general. Thus, it is necessary to make local regulations at the local government level on their easy access to worship in places of worship.

In local government regulations, it is necessary to regulate the role of local governments to form independent institutions specifically to serve and protect persons with disabilities to facilitate worship in places of worship. This special institution needs to be given the authority to monitor and evaluate worship activities in places of worship in order to provide PwD with easy access to worship. Local governments need to have and disseminate regulations on how their rights to worship in places of worship are protected to religious figures and religious leaders so that they have thoughts, views and attitudes that respect them there.

It is also necessary to regulate the importance of local governments providing funds sourced from regional budgets and expenditure revenues in order to prepare special fund allocations on the protection and respect for their rights in access and ease of worship in places of worship, these funds can be used to provide various special facilities for PwD to worship, starting from the architectural form of places of worship, facilities for places of worship to guide books on the ease of worship for people with disabilities.

3.3.2. Legal sanctions and awards to managers of places of religion worship

The government must issue regulations governing the accessibility of disabled-friendly architecture, specifically, First and foremost, everyone has access to public places or buildings. The second is use, which means that everyone can use all common areas or buildings. Third, safety; that is, every public building must consider everyone’s safety. Fourth, independence, that is, everyone can reach, enter, and use public places or buildings without the assistance of others.

Strict legal penalties are required for managers of places of worship who fail to comply with regulations that protect people with disabilities in the design and construction of places of religion worship. Punitive sanctions can be in the form of administrative legal sanctions, namely the revocation of permits for the construction of places of worship. On the contrary, special awards are needed for managers of places of worship who can comply with various architectural requirements of places of worship that are friendly and able to provide special services to people with disabilities so as to facilitate them in worshiping in places of worship. The award can be in the form of providing compensation money sourced from the state budget for the maintenance of special facilities for places of worship that are friendly to people with disabilities.

3.3.3. Work effectiveness of the national commission for disability (NCD)

In order to protect the rights of PwD, especially in terms of ease of access to worship in places of worship, the provisions of Article 149 of Law Number 8 of 2016 concerning PwD have ordered that three years after the passing of this Law the government immediately forms the NCD as part of an independent, non-structural state institution. However, the government only formed the NCD on 1 December 2021 (Dian Erika, 2022). This commission should have been assisted in 2019. This means that there is a delay of two years.

The NCD is tasked with monitoring, evaluating and advocating for the implementation of respecting, protecting and fulfilling PwD rights, the results of which are reported to the President. The duties and functions of this commission include: a) preparing a plan for commission activities in an effort to respect, protect and fulfill PwD rights; b) monitoring and evaluating the implementation of respect, protection and fulfillment of the rights of persons with disabilities; c) advocating the implementation of respect, protection and fulfillment of PwD rights; d) implementation of cooperation in handling PwD with relevant stakeholders.

It is hoped that this commission will be able to assist the bureaucratic adaptation process in the government and regional governments towards fulfilling PwD’s rights to freedom of religion in Indonesia. However, there are three weaknesses in the formation of this NCD, among others (Fajri, 2020):

First, placing the CND financially attached to the Ministry of Social Affairs. Second, placing the CND secretariat on a par with the echelon. Third, dividing the categories for filling the CND leadership positions between PwD and non-PwD.

This weakness is very crucial and reflects the Government’s understanding of seeing disability issues as not profound. This is due to the minimal involvement of organizations of persons with disabilities in the drafting of laws and regulations on PwD and the involvement of non-PwD organizations is more dominant.

The CND is expected to be an external institution outside the government bureaucracy whose main task is to carry out monitoring, evaluation and advocacy for the implementation of respect, protection and fulfillment of PwD rights. The biggest challenge is the existence of an external supervisor at the CND Secretariat based in the work unit of the Ministry of Social Affairs, which is one of the objects of supervision of the CND and is tasked with providing technical and administrative support, including providing a budget for the CND. In planning and budgeting construction in Indonesia, this provision means that the CND budget line will be included in the budget ceiling of the Ministry of Social Affairs. This condition puts the CND at a disadvantage from a systemic point of view, it needs to be supported by factors outside the system, so that its mandate as an independent external monitoring institution is maintained. The most crucial form of support is from the PwD organization as the biggest stakeholder. In this way, it is important for the CND to begin its steps to consolidate with CNPD organizations in all regions of Indonesia by providing a large space for the PwD organization to participate in planning the work of the CND.

The government’s delay in forming the CND has resulted in the ineffectiveness of this commission’s performance because the Regional Government has also been late in responding to policies in protecting the PwD’s right to facilitate worship in places of worship, especially in forming Regional Regulations and Regional Head Regulations. There are a number of contributing factors, including:

First, the local government’s low priority and focus on PwD issues in the region. Second, the limited capacity of human resources responsible for fulfilling the mandate of Law Number 8 of 2016 to draw up Regional Regulations and Regional Head Regulations within a period of 2 (two) years as mandated in article 135 of Law No. 8 of 2016. Third, limited funding sources for funding the implementation of respect, protection, and fulfillment of PwD rights sourced from the state revenue and expenditure budget, regional revenue and expenditure budgets; and other legitimate and non-binding sources of funds.

3.3.4. The need for standard rules for the design of places of worship and campaigns to comply with them

The government needs to formulate regulations at the local government level on building design standards for places of worship that are more friendly to PwD. For example, building standards that facilitate PwD access to worship can be categorized into 6 types (Lacey, 2004). (See Table 5).

Table 5. The type of facilities places of worship

Number	Name Facilities	Form Facilities
1	EE- External Environment	EE1-Parking space EE2- Ramps and kerbs EE3-Pedestrian walkways
2	EN-Enterence	EN1-Enterance/exit door EN2-Corridor
3	HC- Horizontal Circulation & VC- Vertical Circulation	HC1- Guide blocks HC2- Stairs
4	WC’s- Toilet & ablution area	WC1- Accessible restroom WC2- Praying room and ablution area
5	SF- Specific Facilities	SF1- Information counter and service desks
6	S & WF- Sign & Way Finding	S & WF1- Wayfinding, information and sign

Source: (Lacey, 2004).

The building standards of these places of worship need to be outlined in regulations that must be obeyed by stakeholders, especially religious leaders in Indonesia to ensure they have concern for PwD.

In many cases, it is difficult for PwD to exercise religious freedom, one of which is because the architectural design of places of worship and facilities of places of worship are inadequate for PwD (A Patterson & AVogel, 2003).

The government needs to carry out various campaign programs and socialize the need for buildings of places of worship and facilities in them to have the same standards to make it easier for PwD to worship in places of worship. If necessary, the government conducts various forms of training and courses for religious leaders to know the models and standards of buildings and facilities of places of worship that are friendly to PwD. That way there is no reason for stakeholders to discriminate against PwD in worshiping in places of worship.

The government needs to engage communities to care and respect PwD in carrying out worship in places of worship by carrying out various inclusive religious activities involving PwD.

4. Conclusion

The Indonesian state recognizes the existence of religion and religious values as the basis for the government in making legal and development policies. In Indonesia there are six religions that are recognized by the state, namely Islam, Christianity, Catholicism, Buddhism, Hinduism and Confucianism and the Indonesian people are free to have a religion and practice worship according to their beliefs. However, PwD still face discrimination and dangerous access to places of worship 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. The rights of PwD are not equal to citizens of other countries. Indonesian culture and society in general still see PwD as a family matter, not a matter of society and the state. As a result, their protection and service is still considered a domestic family matter, not a public problem, requiring government policy intervention.

Indonesia has ratified international conventions United Nations on PwD rights and has a number of laws and regulations governing PwD, however, the paradigm is dominated by the compassionate approach rather than the socially based approach to human rights. As a result, government regulations and policies on PwD regarding freedom of religion and ease access to places of worship prioritize the perspective of family responsibilities, not the responsibility of religious leaders, the community and the government. In fact, the task of the central and regional governments should be to realize equal rights among citizens. The government’s role is needed in making various policies and regulations that can provide protection, respect and fulfillment of PwD rights in improving the quality of life and progress as citizens in freedom of religion and ease to access of places of of worship these include: the government makes special regulations related to the ease of access to places of worship of PwD, provides special sanctions and awards for managers of places of religion worship that are friendly to PwD and streamlines the performance of the National Commission on PwD.

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.