Law Enforcement of Right of Equality in Work for People with Disability: Evidence from Sleman, Indonesia

This research aims to understand the enforcement toward Article 28 of La obtained through interviews and lite implementation toward article 5 and yet in Sleman.


Supervision of Articles 5 a
From the various opini provisions of Article 14 People as a quota system: one ( 1   er, commands what is good, prohibits injustice, t is unfair for fear of worse consequences).Gen d be justice but is also forced to concede that "utili rn states that the purpose of the law is not only onflict with real condition, and neither is the law at Sleman are doing, attempting, created both summumius, summa iniuria).Their recommenda oth parties and attempts to enforce the rules.

Conclusions
The conclusion could be of the 1945 Cons citizen shall have the right to w be obtained domestically or abr gender, ethnicity, race, religion, Article 5 of Law No. 13 every labor is entitled to adeq 1 Indonesia, Undang-Undang Dasar of The State of Republic of Indonesia 2 Indonesia, UU Nomor 13 Tahun Translation), 2003).View Item ), December 2016, 97-114 8595, E. ISSN.2443-3497 page: http://ojs.umsida.ac.id/index.php/rechtsideex.doi.org/10.21070/jihr.v3i2.322.21070/jihr.v3i2.322ity of Universitas Muhammadiyah Sidoarjo.diyah Sidoarjo, All right reserved, This is an open access ivecommons.org/licenses/by/4.0/)ght of Equality in Work for People with Disabili tas Gadjah Mada, Sleman, Yogyakarta, Indonesia ay 2016; Accepted 28 June 2016; Available online 31 Dece nd the implementation of supervision law toward Articles 5 of Law No.4 Year 1997 on People with Disability in Slem nd literature related to the problem.The results of this re 5 and 14 are not yet effective and the law toward article 2 ; supervision; law enforcement; labour law; Indonesi 016).Law Enforcement of Right of Equality in Work for P sia.Rechtsidee, 3(2), 97-112.doi:http://dx.doi.org/10.21070emahami pengawasan hukum terhadap Pasal 5 dan 14, d ang No.4 Tahun 1997 tentang Penyandang Cacat di Kab an pengkajian sumber yang terkait dengan masalah terse entasi terhadap Pasal 5 dan 14 belum efektif serta pengawasan; penegakan hukum; hukum ketenagakerjaa ntitled to adequate standard of living.This right 5 Constitution of the Republic of Indonesia which to work and to earn a humane livelihood" 1 .The or abroad, and open to all persons without discrim ligion, political views or physical condition.o. 13 Year 2003 on Manpower 2 (Manpower Law adequate work opportunities without any kind o sar Negara Kesatuan Republik Indonesia Tahun 1945 (T onesia: Unofficial Translation, 1945).View Item hun 2003 Tentang Ketenagakerjaan (Law Number 13 Figure 1.Business Awards ) di addition, Article 27(2) of the 19 and humane employment and l entitled to work and receive ad United Nations General Assem Disabled 18 states that the disabl that society.They should rece healthcare, the provision of wo equal opportunity is a sys Mertokusumo 19 , the law is a different interrelated parts.Eq opportunity to be employed but a disabled worker to work and c The provisions in the Regulation No. 43 of 1998 on Disability.Equal opportunity in However, those provisions o DisabilityLaw.The regulatio 16 Respondents, "Interviewed by Susi 17 Respondents, "Interviewed by Susi 18 United Nation, Standard Rules on 48/96., 1993).View Item 19 Sudikno Mertokusumo, Mengenal Equality in Work for People with Disability: Evidence from y be excluded or treated differently as a disabled.d employees.The data shows that most peoples w the private sector 16 .h often occurs is the different financial capa ployed peoples with disability require busine luding compatible work tools and other supporti a from the service office on Disabled Workers i anies have not outfitted themselves with facilities to les 5 and 14 of People with Disability Law in Sle opinions above, it is clear that equal opportuni eople with Disability Law.In other words, the gov disabled employee for every 100 non-disable the 1945 Constitution states that all citizens are en t and livelihood.Further, Article 28D (2) states th ive adequate compensation, and be treated fairly i Assembly Resolution 48/96 of 1993 on Equal Opp disabled are members of society and have a righ d receive adequate support as needed through g of work opportunities and social services.Based a system, and systems should be integrated is a system with a structure, a whole united w rts.Equal opportunity in manpower is not only ed but also the supporting infrastructure and suppo k and carry out activities as other persons would.the People with Disability Law are re-emphasize 98 on Efforts to Promote the Social Welfare for nity in manpower is regulated in Articles 26-31 o ions only repeat what has been stated in t ulation itself also adds new rules which y Susilo Andi Darma" (Disabled Labors in Sleman Regency y Susilo Andi Darma" (Entrepreneurs in Sleman Regency: 9 on the Equalization of Opportunities for Persons with Di nal Hukum (Suatu Pengantar) (Yogyakarta: Liberty, 2008 he duty and obligation to "provide guidance, educa or managers on manpower legislation".visory agents have carried out these two requireme further action from offering recommendations.Th hich due to factors noted above has prevented dis nd instead turn to self-employment.If there are disabled labors to agents, for example if a busine e agent may scold the company.This is still i l the requirements of People with Disability Law, in ning or scolding should be given to deviations of se of the law is to create justice, certainty and be are often clashes within the laws which are inevit legal certainty.The more certain a law, the less : the highest justice is the grossest injustice) that the law "Erlykeratingareda, treft moetlykera ting, endeaecbehvilenoenmoetlikra ang Pramudyanto, Pengawasan Industri Dalam Pengeranit, 2007).p.3-4.View Item  Susilo Andi Darma," 2015.r Ilmu Hukum (Jakarta: Pradnya Paramita, 2000).p. 13.Vi ticles 5 and 14 People with Disability Law has bee This is because agents at Sleman's service office a to comply.In the event of a breach, agents are st cle 28 of People with Disability Law at the Inves formal violation of Article 14 People with D d by the Civil Servant Investigator (PPNS) at th his should not be a problem as the author be already understood and are ready to possible viola ernment Regulation No. 27 Year 1983, as lastly cedural Code, states that Civil Servant Investigator local government, who are given special authority u Chief of The Indonesian National Police (her No. 6 Year 2010 on Investigation Management Civil Servant Investigators are certain civil serva iminal investigation in accordance with the regu nder the coordination and supervision of Police I Police Chief Regulation No. 20 Year 2010 on ce of Civil Servant Investigators states that coord Investigators and Civil Servant Investigators to accordance to relevant legal basis, and in accorda), December 2016, 97-114 8595, E. ISSN.2443-3497 a.ac.id/index.php/rechtsideeoi.org/10.21070/jihr.v3i2.authorityaddition to the one assigned t 26 Chief of The Indonesian Nationa Pengawasan Dan Pembinaan Penyid Indonesian National Police No. 20: N Equality in for People with Disability: Evidence from an assessment and guidance towards investigativ o ensure the whole investigation is carried out lice Chief Regulation No. 20 Year 2010 states th ating the start of investigations by Civil Servant In d tactical support, coercive efforts and investigatio ators to support and expedite work briefs; from Civil Servant Investigators and forwarding n the existence of suspected crimes, whose investig vestigators; lice Investigators towards Civil Servant Investigat ing advice during case deliberations conducted ing investigation progress reports from Civil Serva vant Investigators, assess the work briefs from inv ate prosecutors; of the Civil Servant Investigator's institution hea ervant Investigators; ion on cases handled by Civil Servant Investigato estigators; and the investigative work done by Civil Servant Invest estigators at the Manpower and Social Service O wered by the Manpower Law.Article 182(1) of th rity to act as civil servant investigators may ed to the investigating officials of the Police o ational Police, Peraturan Kapolri No. 20 Tahun 2010 nyidikan Bagi Penyidik Pegawai Negeri Sipil (Regulation 20: NG No. 439, 2010).View Item law and persons, the law also recognize carry out legal acts as a human Offenders of Article 14 may act on behalf of civil organ be carried out by businesses.T be given a legal sanction by the Setiyono 35 states that co crimes against corporations, an done for the interest of that cor 32 Eddy O.S.
company's orga interest, in accordance with th company within and outside of Article 92(1) of the C company matters for the comp (2) gives them the authority to within the limits set by the Com states that the Board of Directo in Article 92(1).Paragraph (3 personally responsible for the out their duties in accordance management to be carried out re Based on these provisio are related to the object and pur their duties, they may be person any of these to apply, we must disabled workers or not.To sup the existence of a policy on hiri The third element is the that fault at its widest extent according to criminal law aga aspects related to the crime and with psychological meaning: t 36 Indonesia, UU No. 40 Tahun 200 2007).View Item Equality in Work for People with Disability: Evidence from own corporation.Criminal corporations are ontrolled to commit crimes.According to Setiyono by businesses against Article 28 of People with D iolations are meant to avoid the implementation of to provide facilities to support disabled workers e of responsibility for Article 28 of People wit ows that businesses should be responsible.Based o on Limited Liability Companies 36 (Company La 's organ in charge of and fully responsible to mana ith the object and purposes of the company, and ide of courts in accordance with the company's cha the Company Law states that the Board of Di company's interest according to its object and pu ity to manage matters in paragraph (1) through pro he Company Act and/or company charter.In addit irectors is responsible for the management of the c (3) states "all members of the Board of Direc the losses of the company if that person is guilty nce with paragraph (2)".The provision of parag out responsibility and in good faith.ovisions each director could be responsible as lon nd purpose of the company.Or if they are guilty or rsonally liable even to the extent of their own pe e must first determine whether companies have a To support claims, there needs to be strong written on hiring disabled workers.t is the existence of fault.Van Bemmelen and V xtent means all elements to which a person ma w against an unlawful act and covers all compl e and its perpetrator.Van Hamel also states that f ning: the relationship between the psychological 2007 Tentang Perseroan Terbatas (Jakarta, Law Numb an element ogical condition of the Number 40: SG No. 106, perpetrator and the realization o sense means responsibility und drawn.First, fault in its wider only be seen from its psycho definition of fault as a normat relationship between a perpetr perpetrator, then the person has Based on this opinion, that it is against the law and deemed to have been at fault.I responsible, as both businesses or administrative law 38 .Consequently, law enfo conducted in both formal and m alone but must stay in coordin Secondly, Civil Servant Inves whether a legal subject could b an unlawful manner.

les 5 and 14 of People with Disability Law in Sle
e implementation of supervision on Articles 5 an rst provide the text of those two articles.Article entitled to equal rights and opportunities in all a e 14 states "State and private businesses must give with disability by employing peoples with D Penelitian Hukum (Jakarta: Universitas Indonesia Press Mamudji, Penelitian Hukum Normatif (Jakarta: Grafindo P Djaelani, Teknik Menulis Skripsi Dan Tesis, Landasan Te tul: Zenith Publisher, 2004).p.43-45.View Item Penelitian Kualitatif (Bandung: Rosda Karya, 1989).p.112
Rechtsidee, 3 (2), P. ISSN.2338-859 Journal Homepage: http://ojs.umsida.ac.iDOI Link: http://dx.doi.orgation of the elements of crimes due to their action.ty under law.Based on these opinions, two conc wider meaning is identical to responsibility.Sec sychological understanding but should also be normative element.Fault in the psychological sen perpetrator and the act committed.If the act w on has intentionally done so 37 .inion, if a company's managers intended an act, k and entails legal consequences, and then the co fault.In addition, it must be proven that the compa nesses and their managers could be liable crimina enforcement of Article 28 of People with Disabi and material sense.Formally, Civil Servant Invest oordination and under the supervision of the Pol Investigators must prove whether or not a crim ould be held responsible, and whether there is a fa uld be concluded from the research as follows; fir ple with Disability Law has not been carried out e rvisory Agents in Sleman Regency are still limi for companies to comply with the regulation. of People with Disability Law must be carried , but unfortunately this article was not yet implem Servant Investigators cannot act alone but must sta n of the Police Investigators.Secondly, Civil Serv not a crime had occurred, that a legal subjec e is a fault carried out in an unlawful manner.ld like to acknowledge Ari Hernawan and Murt Civil Law Departement of Faculty of Law, U Pidana.,p.124.), December 2016, 97-114 8595, E. ISSN.2443-3497 a.ac.id/index.php/rechtsideeoi.org/10.21070/jihr.v3i2.322