Kegagalan Komnas HAM dalam Memperjuangkan Hak Pekerja Difabel

Abstract

The protection of social welfare guarantees is a constitutional right for every Indonesian citizen, encompassing equality before the law, education, health, and a decent livelihood. Nevertheless, the reality of protection for persons with disabilities often diverges from what is enshrined in the constitution. The most common form of discrimination involves the requirement of being 'physically and mentally healthy' in education and employment, which is generally interpreted as having a complete physical condition. This interpretation deviates from the essence of 'physical and mental health,' which refers to an optimal balance between body and mind. This study examines the discrimination experienced by persons with disabilities, focusing on the case of Wuri Handayani, who was denied the opportunity to take the civil servant test (CPNS) in Surabaya in 2004 due to her disability. This case highlights the government's failure to ensure inclusion and equality for persons with disabilities, revealing the persistent stigma and negative prejudices. The research employs a normative legal method with legislative and conceptual approaches, alongside deductive logical analysis. The findings underscore that the right to work for persons with disabilities is protected by various international and national legal instruments, yet its implementation remains far from optimal. The discrimination faced by Wuri Handayani constitutes a violation of human rights, underscoring the need for stronger commitment from the government and relevant bodies, such as Komnas HAM, to protect the rights of persons with disabilities. Komnas HAM is deemed insufficiently proactive in advocating for the rights of disabled workers and promoting concrete measures to combat workplace discrimination. This study recommends changes in the selection process of Komnas HAM members to enhance the independence and effectiveness of the institution in safeguarding the rights of persons with disabilities.