PROTECTION OF DISABILITY POLITICAL RIGHTS IN THE INDONESIAN ELECTORAL SYSTEM

Abstract

Persons with disabilities are citizens who have basic rights that must be fulfilled by the government. This paper aims to determine the fulfilment of political rights of persons with disabilities in the electoral system in Indonesia and the obstacles to the fulfilment of these rights and the Islamic view of the fulfilment of political rights of persons with disabilities. The author uses empirical normative research methods. The approach taken is the approach of legislation and field research. The results of the discussion: Factors inhibiting the fulfilment of political rights for persons with disabilities: First, the low level of education of persons with disabilities.  Second, the lack of financial ability to enter politics. Third, the role of political parties (parpol) in conducting education and recruitment of political leadership for persons with disabilities is not optimal. It is recommended that the House of Representatives and the Government revise Article 173 of Law 7/2017 on Elections by adding the requirements for political parties to become Election Participants, one of which includes at least 2% (two per cent) representation of persons with disabilities in the membership of political parties at the central, provincial and district / city levels. In addition, it is recommended that political parties carry out their function as a means of political participation of citizens and political recruitment in the process of filling political positions to pay maximum attention to equality and justice for persons with disabilities. The Islamic view of the fulfilment of the political rights of persons with disabilities that are realised is not prohibited and is in accordance with the principles and rules of fiqh siyasah. Because in Islam there is no difference in position, culture, race, and social status of a person. Every human being must be sincerely accepted and treated equally without differentiating their background.