Pattern of Fulfillment of Education Rights of Persons with Disabilities in Indonesia in Inclusive Education Regulation (Critical Study of Law Number 20 of 2003 Concerning the National Education System)

DOI

10.2991/978-2-494069-35-0_83How to use a DOI?

Keywords

Persons with Disabilities; Discrimination; Segregation; Inclusive

Abstract

The fulfillment of the right to education for persons with disabilities has been guaranteed in the 1945 Constitution Article 31 paragraph (1) which states that every citizen has the right to education. This phrase in principle places the entirety of Indonesian citizens without exception getting the right to education. If you look at Law Numbers. 20 Of 2003 concerning the National Education System (Uu Sisdiknas) disability education is directed at special education. This has explicitly fulfilled the right to disability education, but special education creates a pattern of segregation and discrimination due to the grouping of learners who seem to place people with disabilities in a special group and separate from the non-disability group. This research is categorized into normative legal research types based on issues and or themes raised as research topics using philosophical and analytical research approaches that are analyzed descriptively analytically. The results showed that the national education law still follows the old pattern of segregative education by placing persons with disabilities in the exclusiveness of special education which results in disparative actions, this is because the National Education Law does not provide space for inclusive education which causes regular schools to have reasons to reject students with disabilities. In addition, there is a vagueness of norms in the National Education Law precisely in the explanation of the article that places inclusive education as part of special education which is actually different in meaning, concept and purpose. Therefore, the vagueness and limited concept of inclusive education in the National Education Law has an impact on the segregation and discrimination of persons with disabilities.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Zamroni Abdussamad
AU  - Mohamad Hidayat Muhtar
PY  - 2023
DA  - 2023/01/17
TI  - Pattern of Fulfillment of Education Rights of Persons with Disabilities in Indonesia in Inclusive Education Regulation (Critical Study of Law Number 20 of 2003 Concerning the National Education System)
BT  - Proceedings of the Unima International Conference on Social Sciences and Humanities (UNICSSH 2022)
PB  - Atlantis Press
SP  - 672
EP  - 680
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-35-0_83
DO  - 10.2991/978-2-494069-35-0_83
ID  - Abdussamad2023
ER  -