Legal Review ALSA LC Unud Volume 01 No. 19

LEGAL

ChapterI INTRODUCTION

1.1Background

The guarantee of education is everyone’s right and obligation without anyexception. The law on education especially for disabled people in Indonesiahasbeenruledlong ago since the making of the 1945 Constitution. Since 1945, Chapter 31 of the 1945 Constitution stated that every citizen of Indonesia has the right to get an education while the government has tohelptofacilitateit.It'struethatdisabledpeoplewerenot mentioned explicitly but as time goes by, the rule improved and disabled people’s rights to education started tobeconsidered.Itallbeganin1970whendisabledpeople get a chance to be in the same school as normal people. After a long-awaited year, finally, in 2016, Law of Disability number 8 of 2016 was inaugurated. The last update on the law is Government Regulation number 13 of 2020 on The Proper Accommodation for The Disabled Students. The government of Indonesia as of now put each run the show in an efficient way, but in 2020 the Covid-19 widespread hit Indonesia, hence that statute doesn’t apply any longer. Inreality,mostoftheinability understudies had trouble overcoming the instruction circumstance.Tomakestridesin the instruction quality, the author makes a legitimate audit of the government’s directionalmostdebilitateindividualsamidCovid-19widespread.

1.2FormulationofProblems

Based on the background that the writer already explained above, we can concludeproblemsasfollow:

1. How are the Regulation Concerning Educational Accommodation Guarantee ForStudentsWithDisabilities

2. What are government efforts to maximize the use of The Government Rule No. 13 of 2020 concerning Adequate Accommodation for Students with Disabilities about proper accommodation for students with disabilities during theCovid-19pandemic?

ChapterII DISCUSSION

2.1Regulation Concerning Educational Accommodation Guarantee for Students withDisabilities

According to KBBI (Indonesian language dictionary), disability means a condition (like illness or injury) that damages or limits a person both physically or mentally. In Article 1 number 3 The Government Rule No. 13 of 2020 concerning Adequate Accommodation for Students with Disabilities stated that disabled persons are any person with limited ability in mental, physic, intelligence, and sensory in the long-term interacting with the environment experiences some difficulties to fully participate and be effective with the other citizen based on the same rights. Through the Indonesia positive law, we can conclude that people with disabilities are a group of people who require special attention, facilities, and rights from the government. Based on the statement from Dr Didi Tarsidi (1998) in fact, people with disabilities do not expect and do not need more rights than people in general. Their purpose is only to be able to move in their environment with the same level of comfort, convenience, and safety as other community members as well as have the same opportunity to participate in an everyday life, and be as independent as possible within the limits of their ability.1 The rights of persons with disability are explicitly regulated in The Law of Disability Person number 8 of 2016. One of the rights that must be accepted by persons with disabilities is education as stated in letter e of article5.

The government has tried toaccommodatetheeducationalneedsofstudents with disabilities through the establishment of The Government Rule No. 13 of 2020 concerning Adequate Accommodation for Students with Disabilities. The regulation was made as the implementing regulation of The Law of Disability Person number 8 of 2016 concerning Persons with Disabilities. Through this regulation, the Government is responsible for providing for the needs of students with disabilities, fromthecurriculumtoeducationalfacilitiesandinfrastructure.

1

Tarsidi, D (1998) Analisis tentang Sistem Tulisan Singkat Braille Indonesia (Tusing) Makalah disajikan pada Seminar Sistem Braille Indonesia Tingkat Nasional Jakarta, 13 15 Oktober 1998

2.2Efforts that can be made to maximize PP No. 13 of 2020 concerning Adequate Accommodation for Students with Disabilities in the midst of the Covid-19 Pandemic

The Government Rule No. 13 of 2020 concerning Adequate Accommodation for Students with Disabilities was ratified on February 24, 2020, exactly 1 month before the Covid-19 pandemic hit and the PPKM policywasimplemented. Basedon these facts, PP No. 13 of 2020isonlyeffectivefor1month.“Wecanimagine,before the pandemic, friends with disabilities experienced many obstacles in schools and colleges. Butwiththepandemicandonlinelearning,theproblemisevenbigger,”said Chair of the Australia-Indonesia Disability Research and Advocacy Network (AIDRAN), Dina Afrianty (Fundrika, 2022). The facts presented are very inversely proportional to the ideals of The Government Rule No. 13 of 2020 concerning Adequate Accommodation forStudentswithDisabilities.Eventhoughit'snotentirely the government's fault, there are some things that should be regretted from the government's performance in providing guarantees for educational facilities for students with disabilities. “70% of students with disabilities said they didnotgetany assistance. This is worrying because many students with disabilities come from low economic conditions,” added Dina. (https://www.suara.com/health/2022/03/23/193942/pandemi-covid-19-banyak-siswa-d isabilitas-tidak-dapat-pendampingan-pendidikan?page=al, March 23, 2022) The writer quoted this from the news on March 23, 2022, which means that it has been2 years since the pandemic first entered Indonesia, but there are still around 70% of students with disabilities who do not receiveassistancefromthegovernmentinterms of getting an education. This regulation can actually protect the needs of students during a pandemic. 2 years after the covid-19 pandemic,thegovernmentshouldhave been able to restore the situation in terms of providing proper education for students such as giving the disabled students a chancetohaveadirectmeetingtotheirteacher in a small group with a full pandemic protocol. Though it seems hard to do, it’s possible. The Government itself has made a guidebook on it called “Panduan pembelajaran bagi peserta didik penyandang disabilitas selama masa pandemi COVID 19” (translated as Study Guide for the Disabled Students During Covid-19 Pandemic Era). This manual comprises of Ponder from Domestic Strategies for Crippled Understudies from age six to twelve. The manual too has strategies for

instructors who need to provide coordinate learning with little bunches for the debilitated understudies. Knowing that the government has its way of understanding theissue,we,thecreator,energizethegovernmenttoattheslightestthrustthenumber of the crippled understudies who don’t get help to20%bytheconclusionofthisyear knowing that the government as of now made an arrangement to these issues. This target is very possible to be reached starts from giving learning aid that suits for disabled students. For example, for blind students, The Government should give a learning aid that is not sharp nor bouncy if manipulated. Blind students need nonvisual learning strategies that utilize the sense of touch, hearing, smell, taste, and kinaesthetic abilities. Different fromblindstudent’slearningaid,studentswithmental disabilities have their own special learning aid. Students that considered mentally disabled are schizophrenia, anxiety, depression, bipolar, and personality disorder There are several tips on how tohandledisabledstudentswithpsychosocialdisorders asstatedbelow:

1. Family must support disabled students when studying at home. Communicate targets, paths, guidance, and best study time to parents. Parents/guardians have a responsibility to create a learning environment that providescomfort,save,andjoyfordisabledstudents.

Things to remember for disabled student’s guardian are teaching method must be fun, active, communicative, and ease for students which will be helpful during the learning process. The use of the “Study from Home” method for disabled students must depend on the students’ condition, Parents/guardians’ condition, and the source of learningthatisavailableinthestudent’senvironment.

2. In preparing the “Study from Home” material plan, teachers and families (parents/guardians) should pay attention to the differences in learning barriers and barriers of each disabledstudentindividually.the “Study from Home” material is not solely for completing curriculum targets, but the “Study from Home” material must be oriented toward achieving development in disabled students. So the “Study from Home” material should be learner-centered; placing learners as subjectsofeducation.

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3. In order for the learning process at home to run effectively and in accordance with the needs of the students, it is also necessary to schedule tele counseling activities for children and parents/guardians, therapies for children, and ensure the use of disabled students’ medicineisproperlyscheduled.

CHAPTERIII CONCLUSION

3.1Conclusions

Education for persons with disabilities in Indonesia has actually been established in such a systematic way by the government so that theygetequalityand equal rights. People withinabilitiesthemselvesarepeoplewhohavephysical,mental, and tangible restrictions, which is something that requires more consideration, particularly within the field of instruction by the encompassing environmentwiththe government as the most individual in charge. They need true education so they can survive and expect no more than that. This kind ofhopethatmakesdisabledstudents have the spirit to overcome their weaknesses while we see that as a gift. We have to let them see it as a gift and help them. The Law of Disability Person number 8 of 2016 is the basis for equal rights between humans in general and individuals with disabilities throughout Indonesia. This equality is explicitly regulated in The Law of Disability Person number 8 of 2016 which states that one of the rights that must be received by persons with disabilities is the right to education. The implementationof the law was further clarified in The Government Rule No. 13 of 2020 concerning Adequate Accommodation for Students with Disabilities regarding adequate accommodation for persons with disabilities. The Covid-19 pandemic that hit a few yearsagobecameatestforthegovernmentandtheregulationsmadebythemwhether they still proved effective or not. The facts on the ground show that what has happened is that the regulation has become ineffective. “70% of students with disabilities said thattheydidnotgetanyassistance.Thisisveryworryingconsidering that the majority of them come from low-income families” said Dina Afrianty, who works at the Australia-Indonesia Disability Research and Advocacy Network (AIDRAN). The original facts and regulations are inversely proportional to the fact that the purpose of the law on disability is still being questioned when the pandemic occurs. Though there are some procedures that have been made by the government itself, we still have to look at the fact that the government hasn’t been able to do the procedure.

3.2Suggestions

The Indonesian government needs to reform the regulations that were made before the pandemic in order to maintain the stability of the overall distribution of education for persons with disabilities in the pandemic era. Things that need to be revised, for example, such as ongoing assistance for students with disabilities should be carried out intensively and adhere to health protocols, and the distribution of emergency education materials and information that is disseminated intensively for students, especially those with low economic status during the Covid-19 pandemic situation. To implement these solutions, the government can socialize with local Extraordinary Schools and facilitate free internet quotas for students with disabilities who are economically disadvantaged and then provide a post or a place with strict health protocols as a place for people with disabilities to consult if they have difficulty The teacher also can give direct learning with a small group of disabled students with strict covid-19 protocols. These suggestions can be implemented periodically so that people withdisabilitiescanstillgettheirrighttoeducationduring the pandemic or when it isover,thesuggestionsabovearestillrelevanttosupportthe implementationofthepreviouslyestablishedregulations.

References

Tarsidi,D.(1998).AnalisistentangSistemTulisanSingkatBrailleIndonesia(Tusing). Makalah disajikan pada Seminar Sistem Braille Indonesia Tingkat Nasional. Jakarta, 13-15Oktober1998.

Fundrika, Bimo Aria. 2022. Pandemi Covid-19: Banyak Siswa Disabilitas Tidak Mendapat Pendamoingan Pendidikan. https://www.suara.com/health/2022/03/23/193942/pandemi-covid-19-banyak-siswa-di sabilitas-tidak-dapat-pendampingan-pendidikan?page=all

SPAB. 2020. Panduan Pembelajaran bagi Peserta Didik Penyadang Disabilitas Selama Masa Pandemi Covid-19. https://spab.kemdikbud.go.id/panduan-pembelajaran-bagi-peserta-didik-penyandang-d isabilitas-selama-masa-pandemi-covid-19/

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