Accessibility for persons with disabilities in judicial process (ID0116)

What is the public problem that the commitment will address? This program is based on the Legal Aid Organization findings evaluating how the psychosocial needs of persons with disabilities’ are not often adequately assessed. However, no technical regulation addresses this problem so that law enforcement officials will determine according to their capacity in practice. Yet often the identification of needs cannot be made, and the fulfilment of justice stagnates. Therefore, it is necessary to have an implementing regulation to assess the fulfilment of adequate accommodation needs for persons with disabilities at every stage of judicial proceedings under Government Regulation No. 39 of 2020. This implementing regulation is intended to accommodate every stage of judicial proceedings, namely in terms of the police responsible 26 for establishing implementing regulations for investigations, the Attorney General’s Office which is responsible for prosecution and the Supreme Court responsible for creating implementing regulations for the trial stages. What is the commitment Preparation and publication of implementing regulations to assess the fulfilment of adequate accommodation needs for persons with disabilities at every stage of judicial proceedings How will the commitment contribute to solving the public problem? This program can be a reference for law enforcement officials to assess victims’ needs, hoping to evaluate the need for adequate accommodation for victims of persons with disabilities to meet their legal needs according to their needs. Why is this commitment relevant to Indonesian Medium-Term National Development Plan (RPJMN) and SDGs? This program will support SDGs Goal 16.3, which promotes the rule of law at the national and international levels and ensure equal access to justice for all. This program is also following the 2020-2024 RPJMN, page 272, regarding increasing access to justice. Why is this commitment relevant to OGP values? This program is in line with the Open Government values, namely inclusion. This program can accommodate marginalised groups’ needs, especially persons with disabilities in every stage of justice. Additional Information - Milestone Activity with a verifiable deliverable Start Date End Date 1. Technical regulations related to the implementation of assessments to fulfil adequate accommodation for persons with disabilities at every stage of judicial proceedings at the Supreme Court. January 2021 December 2022 27 2. Technical regulations related to the implementation of assessments to fulfil adequate accommodation needs for persons with disabilities at every stage of judicial proceedings at the Attorney General’s Office. January 2021 December 2022 3. Technical regulations related to the implementation of assessments to fulfil adequate accommodation needs for persons with disabilities at every stage of judicial proceedings at the Indonesian National Police. January 2021 December 2022 4. Technical regulations related to the implementation of assessments to fulfil adequate accommodation needs for persons with disabilities at every stage of judicial proceedings at the correctional institution. January 2021 December 2022 28

Action Plan Review

Commitment 6: Accommodations for Persons with Disabilities in Judicial Proceedings

Results Report

Commitment 6. Accommodations for Persons with Disabilities in Judicial Proceedings

● Verifiable: Yes

● Does it have an open government lens? Yes

● This commitment has been clustered as: Access to Justice (Commitments 6–10)

● Potential for results: Modest

● Completion: Substantial

● Did it open government? Marginal

Following a 2020 government regulation on adequate accommodation for persons with disabilities in judicial proceedings, ^[51] this commitment led to the issuance of relevant technical regulations for two of the four institutions it targeted—the Supreme Court (MA) ^[52] and correctional institutions (Lapas). ^[53] Intended technical regulations for the Attorney General’s Office (Kejagung) ^[54] and the National Police (Polri) ^[55] were drafted but not finalized during the implementation period. ^[56] These institutions prepared the regulations in collaboration with the Indonesia Judicial Research Society (IJRS), the Australia Indonesia Partnership for Justice, Women, Disability, and Children’s Advocacy Center (SAPDA), the Ministry of Law and Human Rights, the Asia Foundation, the Center for Human Rights Studies of the Indonesian Islamic University (Pusham UII), and the Indonesian Association of Women with Disabilities (HWDI). Collaboration between the police and CSOs was reportedly limited. ^[57] The regulations began to address accessibility and accommodation issues, but a number of obstacles remain, according to Disability Advocacy Movement and Inclusion Space (SIGAB). In particular, it has been difficult to ensure budget allocation for implementation of these regulations. ^[58] IJRS notes that the technical regulations focus primarily on services, facilities, and infrastructure but offer little procedural provisions on ensuring fulfillment of rights and obligations. ^[59] For instance, the technical regulations offer instructions on how to identify a person’s category of disabilities but do not offer details on how to provide accessibility accommodations to persons with disabilities during trials. ^[60] Moving forward, the next action plan continues efforts to institute the technical regulations of the Attorney General’s Office.