THE PROTECTION AND PEOPLE'S RIGHTS DISABILITY AS CONSTITUTIONAL RIGHTS THROUGH THE PUBLIC SERVICE REGULATIONS

Authors

  • Dedi Putra Lampung University

DOI:

https://doi.org/10.24127/lr.v1i2.672

Keywords:

Protection and Fulfillment of The Disability Rights, Constitutional Rights, and The Regulation of Public Services

Abstract

The respect, protection, and fulfillment of the rights of persons with disabilities is an obligation of the state as stipulated in Article 42 of Law No. 39 of 1999 on human rights. Persons with disabilities has been experiencing a lot of discrimination that has not met the right of persons with disabilities. Disability should have the same opportunity in the effort to develop itself. Fulfillment of the rights of persons with disabilities is still considered as a social problem that the new policy with its rights is social security, social assistance, and increase social welfare. Protection and fulfillment of the rights of persons with disabilities can be done by providing and facilitating access to public services. The right to obtain public services should also be reserved for disabled people. The right to obtain public services for disabled people should be seen as a constitutional right. The regulation of public services should provide protection and fulfillment of the constitutional rights of the disabled in obtaining public services. This paper will discuss the law enforcement ideal in strengthening the rights of persons with disabilities as constitutional rights through fair regulation of public services. This paper uses a method normative approach to legislation.

References

Journal

Jessica M. F. Huges,"Constructing a United Disability Community: The National Council on Disability’s Discourse of Unity in the Deliberative System around Disability Rights," Journal of Public Deliberation: Vol. 12: Iss. 1, Article 8,2016

Latuconsina, Zulfah, “Afirmasi Kebijakan Pemerintah dalam Fasilitasi Kerja bagi Penyandang Disabilitas”, dalam Jurnal Unnesa, Volume 9, Nomor 2,2014

Marzuki, Laica, "Konstitusionalisme dan Hak Asasi Manusia", dalam Jurnal Konstitusi,Volume 8, Nomor 4, Agustus 2011

Books

Ali,Zainudin, Metode Penelitian Hukum, (Jakarta: Sinar Grafika, 2014).

Blaser,Arthur W, Making Rights a Reality? Disability Rights Activists and Legal Mobilization by Lisa Vanhala, (Cambridge, UK and New York: Cambridge University Press, 2011).

Conroy, Pauline, Disability Rights-Justice Delayed, in Article Studies (Dublin: TASC, 2010).

Latif, Yudi, Negara Paripurna; Historis, Rasionalitas, dan Aktualitas Pancasila, (Jakarta: PT Gramedia Pustaka Utama, 2012).

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Tim Penulis, “Kerangka Hukum Disabilitas di Indonesia: Menuju Indonesia Ramah Disabilitas”, (Jakarta: Pusat Studi Hukum dan Kebijakan Indonesia, 2015)


Legal Documents:
Indonesia,UU Nomor 39 Tahun 1999 Tentag Hak Asasi Manusia, ,Law Number 39:1999

Internet Reference
Forbath, William E. “Constitutional Welfare Rights: A History, Critique and Reconstruction, 69 Fordham L. Rev. 1821 (2001). Available at: http://ir.lawnet.fordham.edu/flr/vol69/iss5/12

Piar, Daniel F. ,”A Welfare State of Civil Rights: The Triumph of the Therapeutic in American Constitutional Law”, 16 Wm. & Mary Bill Rts. J. 649 (2008), http://scholarship.law.wm.edu/wmborj/vol16/iss3/2.

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Published

2017-07-30

Issue

Vol. 1 No. 2 (2017): Muhammadiyah Law Review

Section

Articles

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