JAKARTA - The discussion of the Draft Law (RUU) on the Criminal Procedure Code (KUHAP) by the DPR is considered not yet optimal. The DPR must consider the rights of persons with disabilities in the Criminal Procedure Code Bill. The Bill still lacks clear provisions and procedures regarding the handling of legal cases involving persons with disabilities.
As reported by Kompas.com, the Jakarta Legal Aid Institute (LBH Jakarta) has called on the DPR to postpone the discussion of the Criminal Procedure Code Bill.
"Case handling at the police, prosecutor's office, and court levels has not yet accommodated the special needs of persons with disabilities before the law. For example, sign language interpreters and interpreters for persons with mental disabilities," said Marulitua Rajagukguk, a Public Lawyer from LBH Jakarta, at the LBH Office in Jakarta, on Tuesday (4/3/2014).
Maruli explained that in the Criminal Procedure Code Bill, there are only two articles regulating the rights of persons with disabilities, namely Article 91 paragraph 2 and Article 168 paragraphs 1 and 2 of the Criminal Procedure Code Bill. Article 91 paragraph 2 states: "In the event that the suspect or defendant is blind, mute, or deaf, assistance shall be provided in accordance with the provisions referred to in Article 168." Furthermore, Article 168 paragraph 1 states: "If the defendant or witness is mute, deaf, or unable to write, the presiding judge shall appoint a person skilled in communicating with the defendant or witness as an interpreter." In Article 168 paragraph 2, it states: "If the defendant or witness is mute or deaf but able to write, the presiding judge shall convey all questions or reprimands in writing to the defendant or witness and instruct them to write their answers, and subsequently all questions and answers must be read aloud." According to Maruli, these two articles primarily regulate provisions during the trial process.
However, at the investigation stage, the rights of persons with disabilities are not clearly regulated.
"In the context of investigations or cases that have not yet gone to trial, it is not clearly regulated," he said. According to UN data, the estimated number of persons with disabilities in a developing country like Indonesia is 10% of the total population. In short, there are approximately 24 million people with physical, mental, or intellectual disabilities.
This figure is not insignificant, thus the DPR must accommodate the rights of persons with disabilities in the Criminal Procedure Code Bill.
"The number of persons with disabilities in Indonesia is very large. Therefore, the protection of persons with disabilities when facing the law must be regulated in the Criminal Procedure Code Bill, which should be better than the existing Criminal Procedure Code. But in reality, it is not," said Maruli. According to Maruli, this leads to the marginalization of the rights of persons with disabilities in legal cases.
Many legal cases involving persons with disabilities are not processed. The Coalition for Criminal Procedure Law Reform also requested the DPR and the government to postpone the discussion of the Criminal Code and Criminal Procedure Code Bills (RUU KUHP-KUHAP) because many substances still need improvement, especially regarding the protection of persons with disabilities.
This postponement is necessary because, in addition to the explicit accommodation of the rights of persons with disabilities not yet being present in the Criminal Procedure Code Bill, the understanding of the government and the DPR regarding disability also needs to be improved. That disability is not only physically visible, as there are also mental and intellectual disabilities.
In fact, these last two types of disabilities often face discrimination from law enforcement officials.(DPM) Source: Kompas