Pattern of Fulfillment of Educational Rights of Persons with Disabilities in Indonesia in Inclusive Education Arrangements (Critical Study of Law Number 20 of 2003 concerning the National Education System)
Zamroni Abdussamad, Mohamad Hidayat Muhtar dan Dolot Alhasni Bakung

Fakultas Hukum Universitas Negeri Gorontalo

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 all Indonesian citizens without exception having the right to education. If you look at Law No. 20 of 2003 concerning the National Education System (UU Sisdiknas) education for disabilities 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 students who seem to place persons with disabilities in special groups and separate from non-disabled groups.
This research is categorized into normative legal research type, it is based on the issues and/or themes raised as research topics using a philosophical and analytical research approach which is analyzed descriptively analytically. The results show that the National Education System Law still follows the old pattern, namely segregative education by placing people with disabilities in the exclusiveness of special education which results in discriminatory actions. This is because the National Education System Law does not provide space for inclusive education which causes regular schools to have reasons to reject students with disabilities. In addition, there is an unclear norm in the National Education System Law, precisely in the explanation of the article that places inclusive education as part of special education which actually has different meanings, concepts and objectives. Therefore, the unclear and limited concept of inclusive education in the National Education System Law has an impact on the segregation and discrimination of persons with disabilities.

Keywords: Persons with Disabilities, Discrimination, Segregation, Inclusiveness, Law No. 20 of 2003 concerning the National Education System

Topic: Universal Quality Education