Legal Model for Fulfilling Educational Rights for Persons with Disabilities in the Covid-19 Pandemic Era
Abstract
The state has provided guarantees in the education of all citizens. In addition, the 1945 Constitution has clearly stated that education is a human right. Of course, this includes people with disabilities as the nation’s successors. The fulfillment of the rights of persons with disabilities in Indonesia has various problems in terms of the education pattern, which is still segregated due to lack of accessibility and supporting facilities to fulfill the educational rights of persons with disabilities. This is even more difficult with the policy of learning from home by using online learning facilities. As previously mentioned, the Covid-19 pandemic has forced all students, including persons with disabilities, to adapt to conditions by undergoing distance learning. Of course, various related policies and the distance learning processes must protect people with disabilities to continue receiving education, especially basic education, which must be followed by all Indonesian citizens. Article 4 paragraph (1) of the National Education System Law, which upholds human rights, religious values, cultural values, and national pluralism, implicitly affirms this principle. Therefore, it is necessary to build a mechanism and legal model to fulfill the educational rights of people with disabilities in the era of the Covid-19 pandemic. As for the formulation of the problem in this study, namely: How to ensure disabled people’s right to education? What is the legal model for fulfilling the educational rights of Covid-19 Disabilities?
Keywords: persons with disabilities, education rights, Covid-19
References
[1] . Abdussamad Z. “The discourse on legal Utopia for the people with disabilities in order to remove the educational segregation.” 2021, [Online]. Available: http://ejurnal.ung.ac.id/index.php/jalrev/JALREV3Issue022021 https://doi.org/10.33756/jlr.v3i2.11068.
[2] . Lawson A, Priestley M. The social model of disability: Questions for law and legal scholarship? In: Peter B, Flynn E, editors. Routledge handbook of disability law and human rights. 1st ed. England: Routledge; 2016. pp. 1–3.
[3] . Huang C, Wang Y, Li X, Ren L, Zhao J, Hu Y, et al. Clinical features of patients infected with 2019 novel coronavirus in Wuhan, China. Lancet. 2020 Feb;395(10223):497–506.
[4] Erdianti RN, Hidayah NP. “Study at home during the Covid-19 pandemic as a legal protection for children’s rights in Indonesia.” 2020. https://doi.org/10.22219/Ijih.v28i2.12491.
[5] . Rosdianti Y, Ayunda ZM, Novitasari MI. Pelindungan dan Pemenuhan Hak Atas Pendidikan Bagi Peserta Didik Penyandang Disabilitas di Masa Pandemi Covid-19 KOMISI NASIONAL HAK ASASI MANUSIA REPUBLIK INDONESIA 2021. Komisi Nasional Hak Asasi Manusia Republik Indonesia, 2021. [Online]. Available: www.komnasham.go.id
[6] . Gunawan B. Analisis Yuridis Pendidikan Jarak Jauh dalam Perspektif Hak Asasi Manusia dalam Undang-Undang Dasar NRI 1945 pada Masa Pandemi Covid-19 di Indonesia. J. HAM. 2020 Apr;11(1):1.
[7] Ishaq, Metode Penelitian Hukum dan Penulisan Skripsi, Tesis, Serta Disertasi. Alfabeta Bandungt, 2017.
[8] . Marzuki PM. Penelitian Hukum. Jakarta: Kencana Prenada Media Group; 2011.
[9] . Mccrudden C, et al. “International law and justice working papers.” [Online]. Available: www.iilj.org
[10] . Vieru S. “ARISTOTLE’S INFLUENCE ON THE NATURAL LAW THEORY OF ST THOMAS AQUINAS,” 2010. [Online]. Available: http://dictionary.oed.com.prospero.murdoch.edu.au/cgi/entry
[11] . Bertens K. Sebuah ” Kitab Suci ” Etika Nicomachean Ethics. Jakarta: Teraju Mizan Pubik; 2004.
[12] De Beco G. “THE RIGHT TO INCLUSIVE EDUCATION ACCORDING TO ARTICLE 24 OF THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: BACKGROUND, REQUIREMENTS AND (REMAINING) QUESTIONS,” 2014. https://doi.org/10.1177/016934411403200304.
[13] Seatzu F. La Convenzione delle Nazioni unite sui diritti delle persone disabili : i principi fondamentali. 2008.
[14] . Kim LE, Asbury K. ‘Like a rug had been pulled from under you’: the impact of COVID-19 on teachers in England during the first six weeks of the UK lockdown. Br J Educ Psychol. 2020 Dec;90(4):1062–83.
[15] Samto, “in a discussion with the Research Team of the Indonesian Human Rights Commission,” Director of PMPK, Ministry of Education and Culture of the Republic of Indonesia . Apr. 24, 2021.