Assessment of the Guardianship System for Persons with Psychosocial Disability in Indonesia

Abstract

This article examines Indonesia’s guardianship system for persons with psychosocial disabilities (PPDs) following the country’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD). Despite this ratification, Indonesia continues using a substitute decision-making framework, violating CRPD principles. Analyzing 49 court decisions from 2015 to 2018, the study identifies issues such as outdated criteria for guardianship, inappropriate involvement of religious courts, and the use of insufficient evidence during hearings. Focus group discussions with PPDs, caregivers, and experts reveal fears and hardships faced under the current system. The findings indicate most applications are granted without thorough consideration, often based on inadequate evidence. The article calls for legal reforms to align with CRPD mandates, advocating for a supported decision-making framework to protect PPDs’ rights and autonomy. Indonesia must adopt a contemporary understanding of capacity to ensure PPDs retain their legal capacity and receive necessary support.

Keywords

• guardianship system
• psychosocial disabilities
• crpd (convention on the rights of persons with disabilities)
• substitute decision-making
• legal capacity
• indonesia