ARCHIVES
VOL. 10, ISSUE 4 (2024)
Fulfillment of the constitutional rights of persons with disabilities in the implementation of elections in Banda Aceh city
Authors
Annisa Bukhari Putri, Faisal, Gaussyah
Abstract
In several international instruments, the
existence of the right to vote is recognized and protected. Article 21
paragraph (3) of the 1948 Universal Declaration of Human Rights (DUHAM),
states, "the will of the people must be the basis of government
power", this will must be expressed in general elections that are held
regularly and honestly and carried out according to the right to vote which is
general, nondiscriminatory, and by secret voting or according to other means
that guarantee freedom of voting. Interestingly, the state of Indonesia is not
included in the list of countries that list the right to vote as a
constitutional right. The 1945 Constitution does not explicitly contain the
protection of citizens' voting rights. However, in several constitutional cases
that have been decided by the Constitutional Court (MK), there is an
affirmation of the right to vote in decisions No. 011-017/PPU-I/2003 and No.
102/PPU-VII/2009 raising the status of the right to vote, both the right to
vote or the right to be elected as a constitutional right. The approach used by
the Constitutional Court is that the right to vote is a derivative
constitutional right norm from the right to equal status in the government as
stated in article 28 D paragraph (3) of the 1945 Constitution. Persons with
disabilities themselves are defined as anyone who experiences physical,
intellectual, mental, and/or sensory limitations for a long period of time who
in interacting in the environment can experience obstacles and difficulties to
participate fully and effectively with other citizens based on equal rights.
KIP Banda Aceh City for the fulfillment of the basic rights of people with
disabilities "immediately prepare a draft of the disability voter list for
people with disabilities in the city of Banda Aceh reaching 494 people
consisting of; 80 people are visually impaired, 56 are deaf/speech-impaired, 81
are visually impaired, 60 are visually impaired and 217 other disabilities are
in the city of Banda Aceh. In using their voting rights in the 2019 elections,
it is certainly the task and challenge of the Banda Aceh City KIP to provide
wide access for people with disabilities through the provision of facilities
and procedures with a disability perspective, providing access here to realize
what and how equal opportunities in political life". That is, which means
the same justice for every and all Indonesia people, whether it goes as
expected or vice versa. The research method used in this study is
juridical-empirical research. The approaches used are; A qualitative research
approach by digging into facts in depth based on the scientific characteristics
of individuals or groups to understand and uncover something behind the
phenomenon by collecting the main data of the research through interviews and
direct observation. Primary data is data obtained from the results of
interviews with respondents and informants. Secondary data is data in the form
of primary legal materials and secondary legal materials. The results of the
study show that the mechanism for the implementation of voting rights for
people with disabilities in the 2024 election in Banda Aceh City by collecting
data on voting rights for people with disabilities so that voting rights for
people with disabilities can be fulfilled, an effort to ensure that every
person with disabilities who has qualified as a voter in the election is
registered in the permanent voter list. Socialization to election officers,
supervisors, volunteers and to people with disabilities themselves. The KPU
also conducts socialization to organizations of people with disabilities who
are active in the community. The lack of optimal work of KIP in practice in the
field, both in terms of facilities and infrastructure and in the implementation
in the field, Obstacle factors faced by people with disabilities are the lack
of optimal work of KIP in practice in the field, both in terms of facilities
and infrastructure and in the implementation in the field, the election
facilities there is no difference between people with disabilities and ordinary
people, everything is normal.
Download
Pages:256-259
How to cite this article:
Annisa Bukhari Putri, Faisal, Gaussyah "Fulfillment of the constitutional rights of persons with disabilities in the implementation of elections in Banda Aceh city". International Journal of Law, Vol 10, Issue 4, 2024, Pages 256-259
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.