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

Abstract

AbstractPersons 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