Law Enforcement of Right of Equality in Work for People with Disability : Evidence from Sleman, Indonesia - Repository Universitas Muhammadiyah Sidoarjo

  Rechtsidee, 3 (2), ), December 2016, 97-112 P. ISSN. 2338-8595 8595, E. ISSN. 2443-3497 Journal Homepage: page: http://ojs.umsida.ac.id/index.php/rechtsidee DOI Link: http://dx.d x.doi.org/10.21070/jihr.v3i2.322 Article DOI: 10.2107 .21070/jihr.v3i2.322

  Original Research Article

  Law Enforcement of Right of ght of Equality in Work for People with Disabili isability: Evidence from Sleman, Indonesia

  Susilo Andi Darma Faculty of Law, Universitas Ga tas Gadjah Mada, Sleman, Yogyakarta, Indonesia esia

  Article history: Received 28 May 20 ay 2016; accepted 28 June 2016; Available online 31 Dece December 2016 ABSTRACT

This research aims to understand the nd the implementation of supervision law toward Articles 5 icles 5 and 14, and the law

enforcement toward Article 28 of La of Law No.4 Year 1997 on People with Disability in Slem Sleman Regency. Data are

obtained through interviews and lite nd literature related to the problem. The results of this re this research show that the

implementation toward article 5 and 5 and 14 are not yet effective and the law toward article 2 ticle 28 is not implemented

yet in Sleman.

  Keywords: people with disability; ; supervision; law enforcement; labour law; Indonesi donesia.

HOW TO CITE: Darma, S. (2016). 016). Law Enforcement of Right of Equality in Work for P for People with Disability:

Evidence from Sleman, Indonesia. Re sia. Rechtsidee, 3(2), 97-112. doi: http://dx.doi.org/10.21070 21070/jihr.v3i2.322 ABSTRAK

Penelitian ini bertujuan untuk mema emahami pengawasan hukum terhadap Pasal 5 dan 14, d 4, dan penegakan hukum

terhadap Pasal 28 Undang-Undang ang No.4 Tahun 1997 tentang Penyandang Cacat di Kab Kabupaten Sleman. Data

diperoleh melalui wawancara dan p an pengkajian sumber yang terkait dengan masalah terse tersebut. Hasil penelitian

ini menunjukkan bahwa implementa entasi terhadap Pasal 5 dan 14 belum efektif serta tidak dilaksanakannya

ketentuan Pasal 28 di Sleman.

  Kata kunci: penyandang cacat; peng pengawasan; penegakan hukum; hukum ketenagakerjaa erjaan; Indonesia.

1. Introduction

  All persons are entitled ntitled to adequate standard of living. This right right is guaranteed in Article 27 (2) of the 1945 Cons

  5 Constitution of the Republic of Indonesia which hich states that “Every

  1

citizen shall have the right to w to work and to earn a humane livelihood” . The These standards may

  be obtained domestically or abr or abroad, and open to all persons without discrim discrimination based on gender, ethnicity, race, religion, ligion, political views or physical condition.

  2 Article 5 of Law No. 13 o. 13 Year 2003 on Manpower (Manpower Law Law) emphasizes that ₁ every labor is entitled to adeq adequate work opportunities without any kind o kind of discrimination.

  

Indonesia, Undang-Undang Dasar sar Negara Kesatuan Republik Indonesia Tahun 1945 (T (The 1945 Constitution

₂ of The State of Republic of Indonesia onesia: Unofficial Translation, 1945). View Item

Indonesia, UU Nomor 13 Tahun hun 2003 Tentang Ketenagakerjaan (Law Number 13 ber 13: SG No. 39 (ILO

Translation), 2003). View Item E-mail address: anhdie@ugm.ac.id

  Peer reviewed under reponsibility of ity of Universitas Muhammadiyah Sidoarjo. © 2016 Universitas Muhammadiyah diyah Sidoarjo, All right reserved, This is an open access ccess article under

  Rechtsidee, 3 (2), ), December 2016, 97-114

P. ISSN. 2338-859 8595, E. ISSN. 2443-3497

  Journal Homepage: http://ojs.umsida.ac.i a.ac.id/index.php/rechtsidee DOI Link: http://dx.doi.org oi.org/10.21070/jihr.v3i2.322

  Labors are persons who are abl re able to carry out work to produce goods and/or and/or services to fulfill their own or society’s needs. A eds. As such, “labors” covers all persons who ar ho are able to work to produce goods and/or services f vices for themselves or others, and are entitled to em d to employment.

  Article 5 of the Manp Manpower Law means that every person has has equal rights and opportunities for employment ment and livelihood, including the disabled. Howe However, employers in industrial relations are often un ften unaware of their obligations to the people wit le with disability, even

  3

  though Law No. 4 Year 1997 1997 on People with Disability (hereinafter state r stated as People with Disability Law), where Article rticle 5 specifically states that the disabled have have equal rights and opportunities in all aspects of li ts of life and livelihood.

  Moreover, Article 14 of 14 of the People with Disability Law states that s that all peoples with disability have equal opportuni ortunity to employment, depending on the type an ype and degree of their disability. The People with Dis Disability Law also obliges state and private b ivate businesses to give equal opportunity and treatmen eatment to the disabled by employing them in acc in accordance with the type and degree of their disabili isability, education and capabilities. In such, the to , the total number of the disabled that employed in a in a company should be in proportion to the o the total number of employees and/or business’ qua ss’ qualifications.

  The explanation of Art Article 14 states that state businesses inclu include State Owned Enterprises (BUMN) and Regi Regional-government Owned Enterprises (BUM (BUMD), while private businesses include cooperative ratives. Businesses must, at the very least, emplo employ one (1) people with disability who fulfills th fills the requirements and qualifications for the or the employment in question, for every hundred ( red (100) employees. Businesses utilizing high high technology must employ at least one (1) people eople with disability who fulfills the requirements ments and qualification for the employment in question estion, even though their employees number less th less than hundred (100) employees. The explanations o ions of that Article also elaborate the meaning of ing of equal treatment, which said that non-discrimin riminative treatment including equality of wages f ages for the same work and position. Article 28(1) of (1) of the People with Disability Law states that persons who intentionally violate the provi provisions of Article 14 are threatened with, a ith, at the maximum, 6monthsimprisonment and/or a d/or a fine of IDR 200,000,000.00.

4 Dewi shows that there t there are about 756 businesses in Sleman re an regency, with 105

  businesses employing at least 1 least 100 persons. However, information from the m the Labor and Social ₃ Agency of Sleman Regency sh cy show that in 2005 none of the 105 private busi te businesses have been ₄ Indonesia, UU No. 4 Tahun 1997 Te

  7 Tentang Penyandang Cacat (Law Number 4: SG No. 9, No. 9, 1997). View Item

Mufti Pramuwardhani Dewi, “Pela “Pelaksanaan Penempatan Tenaga Kerja Penyandang Ca ng Cacat Pada Perusahaan Swasta Di Kabupaten Sleman,” Mimb imbar Hukum 18, no. 3 (2006): 421–22. View Item Goog Google Scholar Original Research Article

Law Enforcement of Right of Equalit Equality in Work for People with Disability: Evidence from e from Sleman, Indonesia

Susilo Andi Darma recorded to employ disabled wo led workers.

  These conditions show th how that supervising agents have a vital role in th e in the implementation the law. Supervision is carrie carried out with the goal that businesses can b can become well-oiled economic assets, develop into into strong businesses and are not hampered by ed by violations of the law. Supervision must be carrie carried out since not all the parties, whether empl r employers or workers, know and understand how to im w to implement special regulations, especially rela related to manpower itself.

  Manpower supervision vision is a supervisory activity and meant eant to enforce the implementation of manpower l ower legislation (Article 1(32) Manpower Law). T ). This is in line with the Minister of Manpower and er and Transmigration Regulation No. PER.09/ME 09/MEN/V/2005 on the

  5 Guidelines to Submit Manpow npower Supervision Reports . Presidential Regula egulation No. 21 Year

  2010 also defines manpower s ower supervision similarly. In addition, Article 182 of Manpower Law states that supervising ising agents may be given special authority ority as civil servant investigators. One of the author authorities is to authenticate reports and informatio rmation of crimes in the manpower sectors. Therefore , civil servant investigators from the Manpow anpower Supervision’s

  6 unit may carry out investigation igations on violations of Article 28 of the Manpowe npower Law .

  Problems that arise from e from this authority are the confusion between po een police investigators and civil servant investigators gators and their respective investigative authoriti thorities. For example, based on research company X is against worker Y. Y’s diploma certific certificate was held by Company X. After Y was fired s fired, Y demanded the diploma certificate whic which is still held by

7 Company X. This then becam became a problem. At the investigation stage, po ge, police investigators were confused in determining ining whether this falls under criminal or civi r civil/manpower law.

  Another problem regarding a ing a suspected manpower crime in Central Java l Java, led to the case being transferred to the Semar Semarang Municipal Police Headquarters, althoug lthough it should have

  8 been first investigation by civil civil servant investigators in Central Java .

  Based on the background round above, the research question are: ₅

  a. How has supervision of ion of Articles 5 and 14 the People with Disabilit sability Law in Sleman

  

Minister of Manpower and Transmi ransmigration of Indonesia, Peraturan Menteri Tenaga Ker Kerja Dan Transmigrasi

No. PER.09/MEN/V/2005 Tentan ntang Tata Cara Penyampaian Laporan Pelaks laksanaan Pengawasan

Ketenagakerjaan (Minister of Manpo anpower and Transmigration Regulation Number PER.09/ R.09/MEN/V/2005, 2005).

₆ View Item

  

Rifqi Ridlo Phahlevy, Mochamm hammad Tanzil Multazam, and Noor Fatimah Mediaw ediawati, “Labour Rights

Protection of Foreign Workers After After Enactment of Law Number 6 of 2012 in Sidoarjo Reg rjo Regency,” Rechtsidee 2,

₇ no. 1 (June 15, 2015): 21–52, doi:10.2 oi:10.21070/jihr.v2i1.3. Crossref Google Scholar

Ari Hernawan, “Interviewed by Su by Susilo Andi Darma” (Lecturer Faculty of Law Univers niversitas Gadjah Mada: 8

₈ July, 2015).

  

Dwi Maryoso, “Interviewed by Sus y Susilo Andi Darma” (Supervisor Manpower Agency Cen cy Central Java Province: 3

July, 2014).

  Rechtsidee, 3 (2), ), December 2016, 97-114

P. ISSN. 2338-859 8595, E. ISSN. 2443-3497

  Journal Homepage: http://ojs.umsida.ac.i a.ac.id/index.php/rechtsidee DOI Link: http://dx.doi.org oi.org/10.21070/jihr.v3i2.322

  Regency been carried ou ried out?

  b. How has law enforcem orcement of Article 28 the People with Disability sability Law in Sleman Regency been carried ou ried out?

  2. Materials and Methods

  Legal research is a scie a scientific endeavor based a certain method, sy od, system and way of thinking, which aims to study study one or more legal realities by analysis. An s. An in-depth analysis

  9 towards legal facts is also condu conducted, in order to provide a solution in the rel the relevant situation .

  This research uses literat literature research to obtain secondary data in the in the field of law. This

  10

  literature review and analyses lyses secondary data is known as a textual study study . Field research dives straight into the researc esearch location to obtain relevant data. The me he method used is via interviews, a direct, directed ected and systematic question-answer session to ion to respondents and

  11

  interviewees on matters releva relevant to the research question . The tool used used is the interview guide, which lists structured a ured and unstructured questions which will be v ll be verbally asked to respondents and interviewees. ees.

  The data obtained in the in the form of secondary data will be collected s cted systematically and classified in accordance with t with the research question and analyzed in a qual a qualitative manner in accordance with its reality. Th ity. The results are written out in a descriptive f ptive form, and should hopefully answer the first resea t research question in a comprehensive manner. Qu er. Qualitative analysis does not use numbers, but p but provides a description of the findings, and s, and emphasizes the

  12

  quality/truth of the data . Oth Other results should be in the form of solutio solutions, applicable to answer the challenges posed in sed in the research questions.

  3. Results and Discussion

3.1 Supervision of Articles 5 a les 5 and 14 of People with Disability Law in Sle in Sleman Regency

  Discussions on the imp e implementation of supervision on Articles 5 an s 5 and 14 People with Disability Law should first pro rst provide the text of those two articles. Article rticle 5 states that “All

  

peoples with disability are enti entitled to equal rights and opportunities in all a all aspects of life and

livelihood". While Article 14 st e 14 states “State and private businesses must give give equal opportunity

and treatment to peoples wit with disability by employing peoples with D th Disability in their

₉

business in accordance with th th the type and degree of their disability, educatio cation and capability,

  

Soerjono Soekanto, Pengantar Pen Penelitian Hukum (Jakarta: Universitas Indonesia Press Press, 1986). p. 43. View

₁₀ Item

Soerjono Soekanto and Sri Mamu Mamudji, Penelitian Hukum Normatif (Jakarta: Grafindo P findo Persada, 2006). p.50.

₁₁ View Item

M. Hariwijaya and Bisri M. Djael Djaelani, Teknik Menulis Skripsi Dan Tesis, Landasan Te n Teori Hipotesis Analisa

  Data Kesimpulan, 2nd ed. (Bantul: Ze tul: Zenith Publisher, 2004). p.43-45. View Item Lexy J. Moleong, Metodelogi Pene Penelitian Kualitatif (Bandung: Rosda Karya, 1989). p.112 p.112. View Item Original Research Article

Law Enforcement of Right of Equalit Equality in Work for People with Disability: Evidence from e from Sleman, Indonesia

Susilo Andi Darma

the number of whom shall be l be proportioned according to the number of of employees and/or

qualification of the business".

  Based on Article 5 of Pe of People with Disability Law, a people with disa ith disability may suffer from physical, mental, or both r both mental and physical disabilities. Physical d ical disabilities include impairment of bodily functions ctions, such as nerve functions, sight, hearing an ing and speech. Mental disabilities include mental and tal and/or behavioral impairment, whether geneti genetic or via disease. Mental-physical peoples with d with disability suffer from both types concurrent urrently. All aspects of life are protected by that articl article, since the scope is broadened to religion, gion, health, education, social aspects, manpower, econ , economy, right to public service, law, culture, pol re, politics, defense and security, exercise, recreation an ion and information.

  Moreover, Article 14 of of People with Disability Law states “busines inesses include State-

  

owned Enterprises and Region egional-government owned Enterprises, while p ile private businesses

include cooperatives”. This ar his article also obligates that “state and private ivate businesses must

provide equal opportunity and and treatment”. Opportunity means that “busine sinesses must employ

at least 1 people with disabilit bility who fulfills the requirements and qualific lifications of relevant

employment, for every 100 em 0 employees. Or that Businesses utilizing high high technology must

employ at least 1 people with with disability who fulfills the requirements and and qualifications of

relevant employment, even wh when that business’ employee number of emp employee is less than

100 employees”. Equal treatm treatment means “non discriminative treatment, tment, including wage

  equality for the same job and po and position”.

  Based on research, equ

  h, equal opportunity means no discrimination dur n during job openings, regardless who applies, disable disabled or otherwise. Supervisory Agents alway always recommend the businesses to carry out the po the policy that for every hundred (100) employ mployees, they should employ one (1) disabled labo d labor. These agents have often reminded bu ed businesses to open opportunities for the disabled to bled to work in their businesses.

  However, in reality very ty very few disabled labor apply for job openings. nings. Even though the opportunity exists, there are s are still protests from the disabled association. ation. They have often questioned the implementation tation of equal work opportunity. Supervisory A sory Agents report that they have never seen busines usinesses in Sleman prohibiting or preventing nting opportunities for disabled to apply for jobs in bs in their businesses. In addition, Supervisory A isory Agents have also provided the opportunity for t for the disabled to register to the Manpower an wer and Social Service

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  Office, so that they may be for be forwarded to businesses. No disabled has reg s registered themselves,

  13 and they tend to become entrep entrepreneurs or self-employment .

  Another effort from t rom the Manpower and Social Service Office Office is through the Manpower Placement Program rogram, which purposed to analyze positions h tions held by disabled workers. Based on their analysi nalysis, nearly all positions in a business could be h ld be held by a disabled

  14 labor. However some adjustmen ustments will be necessary to allow for adaptation ation .

  Based on research, the

  h, there are eight businesses in the regency whi y which has employed peoples with disability. Even th ven though none of them have installed facilities to ities to support disabled workers, the efforts of these b hese businesses are worthy of recognition. Four . Four out of the eight businesses have been nomina minated for an award from Sleman Regency Man Manpower and Social

  15 Service Office . The illustratio stration can be seen on Figure 1: Figure 1. Business Awards

  Company is n y is not Employ PWDA Company Employ PWDA Nominated ed Unnominated

  The labors responding nding to the data from the service office, said said that businesses in Sleman actually have opened ened equal opportunities in employment. The pr The problems faced by disabled labors are primarily i arily internal. Many disabled having lack self-es esteem, and others place demands too high of the of the business’ facilities or work condition. A nu . A number of disabled labors do not last long in g in employment because of poor relations w ons with non-disabled ₁₃ Respondent, “Interviewed by Susi y Susilo Andi Darma” (Supervisor of Manpower and Soci Social Agency in Sleman ₁₄ Regency: 7 October, 2015).

  

Respondent, “Interviewed by Sus y Susilo Andi Darma” (Placement Staff of Manpower a wer and Social Agency in

₁₅ Sleman Regency: 7 October, 2015). 15).

  

Respondent, “Interviewed by Susi y Susilo Andi Darma” (Supervisor of Manpower and Soci Social Agency in Sleman Regency: 8 October, 2015). Original Research Article

Law Enforcement of Right of Equalit Equality in Work for People with Disability: Evidence from e from Sleman, Indonesia

Susilo Andi Darma

  employees, since they may be e y be excluded or treated differently as a disabled. bled. This often triggers the resignation of disabled emp d employees. The data shows that most peoples w ples with disability are

  16 self-employed or work in the pr the private sector .

  A problem which oft h often occurs is the different financial capa l capabilities between businesses. Further, employe ployed peoples with disability require busine businesses to provide specialized facilities including luding compatible work tools and other supporti pporting infrastructure. This is in line with data from a from the service office on Disabled Workers i kers in Business. Data indicates that most companies h anies have not outfitted themselves with facilities to ities to support disabled

  17 workers .

3.2 Supervision of Articles 5 a les 5 and 14 of People with Disability Law in Sle in Sleman Regency

  From the various opini opinions above, it is clear that equal opportuni ortunity alludes to the provisions of Article 14 People eople with Disability Law. In other words, the gov the government views it as a quota system: one (1) di disabled employee for every 100 non-disable disabled employees. In addition, Article 27(2) of the 19 the 1945 Constitution states that all citizens are en are entitled to adequate and humane employment and l t and livelihood. Further, Article 28D (2) states th ates that all persons are entitled to work and receive ad ive adequate compensation, and be treated fairly i fairly in work relations. United Nations General Assem Assembly Resolution 48/96 of 1993 on Equal Opp al Opportunities for the

18 Disabled states that the disab disabled are members of society and have a righ a right to participate in

  that society. They should rece d receive adequate support as needed through g ugh general education, healthcare, the provision of wo of work opportunities and social services. Based ased on the resolution, equal opportunity is a sys a system, and systems should be integrated grated. According to

19 Mertokusumo , the law is a is a system with a structure, a whole united w ited which made up of

  different interrelated parts. Eq rts. Equal opportunity in manpower is not only t only means as equal opportunity to be employed but ed but also the supporting infrastructure and suppo support system to allow a disabled worker to work and c k and carry out activities as other persons would.

  The provisions in the the People with Disability Law are re-emphasize hasized in Government Regulation No. 43 of 1998 on 98 on Efforts to Promote the Social Welfare for are for the People with Disability. Equal opportunity in nity in manpower is regulated in Articles 26-31 o 31 of that regulation.

  However, those provisions o ions only repeat what has been stated in t in the People with ₁₆ DisabilityLaw. The regulatio ulation itself also adds new rules which ich emphasis against ₁₇ Respondents, “Interviewed by Susi y Susilo Andi Darma” (Disabled Labors in Sleman Regency gency: 8 October, 2015). ₁₈ Respondents, “Interviewed by Susi y Susilo Andi Darma” (Entrepreneurs in Sleman Regency: 9 ncy: 9 October, 2015).

  

United Nation, Standard Rules on on the Equalization of Opportunities for Persons with Di h Disabilities (December,

48/96., 1993). View Item

Sudikno Mertokusumo, Mengenal nal Hukum (Suatu Pengantar) (Yogyakarta: Liberty, 2008 , 2008). p.115. View Item

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  discriminatory conduct (explan explanations: to employ without regard as to gend gender, ethnicity, race and religion). This has also bee so been regulated in Article 5 of the Manpower Law Law. In addition, the Manpower Law has never di ver discriminated the identity of a worker, whe r, whether disabled or otherwise. The government regu nt regulation above has no contribution to equal op ual opportunity.

  Law No. 23 Year 1948 1948 Jo. Law No. 3 Year 1961 on Manpower S wer Supervision states "the scope of manpower supe supervision covers: the implementation of laws laws and regulations,

  

specifically those related to to labor affairs, collecting data on industrial rial relations and the

conditions of labor in the wi e widest sense to support the creation of new new labor laws and

regulation; and carry out other ther functions in accordance to regulations".

  Based on these provision ovisions, manpower supervisory agents are authoriz uthorized to oversee the implementation of laws and reg nd regulations on labor. To carry out this function t ction they may enter all premises where work is curren currently, usually or suspected to be carried out, d out, and all forms of

  20 housing rented or used by empl employees or their representatives to house or care or care for workers .

  Supervision by Manpow anpower Supervisory Agents at the Manpower an wer and Social Service Office is carried out on a prio a priority scale. This means that priority is given given to more serious cases. Supervision is divided vided into Primary Supervision, Regular/Repeat epeat Supervision, and Specific Supervision.

  Based on Article 4, 4, Minister of Manpower Regulation No. Per. . Per.03/Men/1984 on

21 Integrated Manpower Supervis pervision , Primary Supervision is a complete plete supervision to a

  business which will soon be f n be founded or operate, or to businesses which hich has not yet been investigated. Regular/Repeat Supervision is Currence supervision after a c ter a complete Primary Supervision or otherwise. Sp Specific Supervision is conducted to spec specialized forms of manpower problems such as te h as tests, accidents, and reports from third parties parties or as ordered by superiors.

  Hamid and Pramudyanto dyanto stated that the purpose of supervision activ activities are to assess, evaluate and determine the com he compliance of businesses, which means that it that it used to measure the extent of their efforts to co s to comply with all regulations and permits requ s requirements. Further investigations intent to reassess sess and/or update previously obtained business siness information. The

20 Phahlevy, Multazam, and Mediawa ediawati, “Labour Rights Protection of Foreign Workers Aft ers After Enactment of Law

  ₂₁ Number 6 of 2012 in Sidoarjo Regenc egency.”

Minister of Manpower of Indo Indonesia, Peraturan Menteri Tenaga Kerja Republi publik Indonesia Nomor

Per.03/Men/1984 Tentang Pengawas awasan Ketenagakerjaan Terpadu (Jakarta, Minister of M r of Manpower Regulation Number Per.03/Men/1984, 1984). Vie View Item Original Research Article

Law Enforcement of Right of Equalit Equality in Work for People with Disability: Evidence from e from Sleman, Indonesia

Susilo Andi Darma

  primary aim of supervision ac activities is to obtain data or information in on in the form of facts

  22 regarding compliance or otherw otherwise of the object of inspection with the preva prevailing laws .

  Supervision that carried carried out by manpower supervisory agents is ba s is based on a priority scale as above. Supervision is is usually conducted against businesses whic s which have yet to be investigated or those which s hich suffer from certain incidents. No special a cial attention given to enforce Articles 5 and 14 Peo People with Disability Law, but it is carried o rried out together with general investigations. Agents gents are not yet prioritizing supervision of th of these two articles. Agents only recommend exi d existing companies to consider equal oppo opportunities for the

  23 disabled .

  Supervision from Slema Sleman’s Manpower Supervisory Agents is in line in line with Article 2(b) of the Minister of Manpower power Regulation No. Per.03/Men/1984 on Integ Integrated Manpower Supervision, which states that s that the purpose of supervision is “to give tech technical information

  

and recommendations to busin usinesses, or managers, or workers on matters tters which guarantee

the effective implementation o n of manpower legislation”. In addition, Articl Article 9(b) states that

  supervisory agents have the dut he duty and obligation to “provide guidance, educa ducation and training to workers and businesses or m or managers on manpower legislation”.

  The Sleman supervisory visory agents have carried out these two requireme uirements. The problem is that agents cannot take furth further action from offering recommendations. Th ns. This is problematic for equal opportunities, which d hich due to factors noted above has prevented dis ed disabled labors from joining the workforce and ins nd instead turn to self-employment. If there are e are reports from the society, especially from disable disabled labors to agents, for example if a busine business refuses to hire disabled labors, then the agen e agent may scold the company. This is still i ll in the form of a recommendation to fulfill the re l the requirements of People with Disability Law, in , in line with Article 8(e) which states that “warning ning or scolding should be given to deviations of s of prevailing laws”.

  The goal or purpose of se of the law is to create justice, certainty and be and benefits, but not all could be achieved. There are of are often clashes within the laws which are inevit inevitable, between the demands of justice and legal c legal certainty. The more certain a law, the less less justice the law is

  24

  24

  (summumius, summa iniuria: : the highest justice is the grossest injustice) . Von Richthofen answers this by stating that the law “Erlykeratingareda, treft treftlykeratinghbieda, ₂₂

urbiedadatunriucht, hinziamoe moetlykera ting, endeaecbehvilenoenmoetlikra likra, truchfruchtades

  

Hamrat Hamid and Bambang P ang Pramudyanto, Pengawasan Industri Dalam Penge ngendalian Pencemaran

₂₃ Lingkungan, 1st ed. (Jakarta: Granit, 2 ranit, 2007). p.3-4. View Item Respondent, “Interviewed by Susilo Susilo Andi Darma,” 2015.

  L.J. Van Apeldoorn, Pengantar Ilm r Ilmu Hukum (Jakarta: Pradnya Paramita, 2000). p. 13. View Item Vi

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era” (orders what is proper, co er, commands what is good, prohibits injustice, tice, and allows what is

  fair and sometimes what is u t is unfair for fear of worse consequences). Gen Geny states that the purpose of the law should be ju d be justice but is also forced to concede that “utili utility and benefit are

  

part of justice”. Apeldoorn sta rn states that the purpose of the law is not only t only to create justice,

  disproportionate and in conflic onflict with real condition, and neither is the law he law simply meant to

  25 create benefit or utility .

  What the agents at Sle at Sleman are doing, attempting, created both both justice and legal certainty, will not work (summ summumius, summa iniuria). Their recommenda mendations and advice seeks to give benefit to both par oth parties and attempts to enforce the rules.

  Supervision of Articles ticles 5 and 14 People with Disability Law has bee as been carried out, but in an ineffective manner. This i This is because agents at Sleman’s service office a ffice are still limited to giving recommendations to com to comply. In the event of a breach, agents are st are still limited to give advice to the business.

  

3.3 Enforcement of Article 28 cle 28 of People with Disability Law at the Inves Investigation Stage in

Sleman Regency

  So far, there has no fo formal violation of Article 14 People with D with Disability Law in Sleman Regency, handled by d by the Civil Servant Investigator (PPNS) at th ) at the Manpower and Social Service Office. This s his should not be a problem as the author be or believes that these Investigators should have alread already understood and are ready to possible viola violations.

  Article 1(6) Governmen ernment Regulation No. 27 Year 1983, as lastly lastly amended on the Indonesian Criminal Procedura cedural Code, states that Civil Servant Investigator tigators are certain civil servants at the central or local g local government, who are given special authority u ority under law. Article 1(3) of Regulation of The Ch Chief of The Indonesian National Police (her (hereinafter stated as Police Chief Regulation) No. 6 No. 6 Year 2010 on Investigation Management ement by Civil Servant Investigators states that Civil Civil Servant Investigators are certain civil serva servants given special authority to carry out criminal iminal investigation in accordance with the regu e regulation underlying their authorities and are under t nder the coordination and supervision of Police Inv lice Investigators during their duties.

  Article 1(5) and (6), Po Police Chief Regulation No. 20 Year 2010 on 10 on the Coordination, Supervision and Guidance of C ce of Civil Servant Investigators states that coord coordination is a work relation between Police Invest Investigators and Civil Servant Investigators to rs to carry out certain criminal investigations in accor accordance to relevant legal basis, and in accorda ccordance to functional Ibid., p. 15-17. Original Research Article

Law Enforcement of Right of Equalit Equality in Work for People with Disability: Evidence from e from Sleman, Indonesia

Susilo Andi Darma

  relations. Supervision is an as an assessment and guidance towards investigativ stigative work done by Civil Servant Investigators to e rs to ensure the whole investigation is carried out ed out in accordance to prevailing laws.

  Article 6(3) of Police C lice Chief Regulation No. 20 Year 2010 states th tes that coordination is carried out via: 1) Providing a letter indicating ating the start of investigations by Civil Servant In ant Investigators; 2) Providing technical and tact d tactical support, coercive efforts and investigatio stigation consultation to

  Civil Servant Investigators to ators to support and expedite work briefs; 3) Accepting work briefs from from Civil Servant Investigators and forwarding it to the local head of the prosecutor’s office; 4) Sharing information on the e n the existence of suspected crimes, whose investig vestigations are carried out by Civil Servant Investig vestigators; 5) Periodic meetings; and 6) Joint investigation.

  Supervision by Police In lice Investigators towards Civil Servant Investigat estigators as per Article

  26

  25(2) is carried out via : 1) Attending and providing ad ing advice during case deliberations conducted ucted by Civil Servant

  Investigators; 2) Requesting and analyzing in ing investigation progress reports from Civil Serva Servant Investigators; 3) Jointly with Civil Servant In vant Investigators, assess the work briefs from inv m investigations and to forward them to the state pro ate prosecutors; 4) Based on the request of the of the Civil Servant Investigator’s institution hea n head, carry out joint supervision on Civil Servant ervant Investigators; 5) Carry out data collection on ion on cases handled by Civil Servant Investigato stigator institutions and help provided from investiga estigators; and 6) Analyze and evaluate the inv the investigative work done by Civil Servant Invest Investigators

  Civil Servant Investiga estigators at the Manpower and Social Service O rvice Office in Sleman Regency are those empowered wered by the Manpower Law. Article 182(1) of th ) of the Manpower Law states that “Special authority rity to act as civil servant investigators may ay also be given, in ₂₆

addition to the one assigned t ed to the investigating officials of the Police o ce of the State of the

  

Chief of The Indonesian Nationa ational Police, Peraturan Kapolri No. 20 Tahun 2010 010 Tentang Koordinasi,

Pengawasan Dan Pembinaan Penyid nyidikan Bagi Penyidik Pegawai Negeri Sipil (Regulation ulation of The Chief of The

Indonesian National Police No. 20: N 20: NG No. 439, 2010). View Item

  Rechtsidee, 3 (2), ), December 2016, 97-114

P. ISSN. 2338-859 8595, E. ISSN. 2443-3497

  Journal Homepage: http://ojs.umsida.ac.i a.ac.id/index.php/rechtsidee DOI Link: http://dx.doi.org oi.org/10.21070/jihr.v3i2.322

  27 Republic of Indonesia, to labou abour inspectors in accordance with valid laws a ws and regulations” .

  Thus, manpower supervisory ag ory agent may be given authority as a Civil Servan ervant Investigator.

  Civil Servant Investiga estigators under Article 182(2) of the Manpow anpower Law has the authority to: 1) Carry out investigation of on of the validity of reports and information o ation of crimes in the manpower sector; 2) Carry out investigation to pe to persons suspected of crimes in the manpower s wer sector; 3) Request information and evi nd evidence from persons or legal institutions, in ns, in relation to crimes in the manpower sector; 4) Carry out investigation or n or confiscation of materials or evidence related related to crimes in the manpower sector; 5) Carry out investigation of on of letters and/or other documents related t ated to crimes in the manpower sector; 6) Request the help of experts xperts in order to carry out investigations related related to crimes in the manpower sector; and 7) Suspend investigation if ther if there is insufficient evidence of a crime in the m the manpower sector.

  Article 28(1) of the Peo People with Disability Law states that “persons ons who intentionally

  

violate the provisions of Art Article 14 are threatened with, at the maxi maximum, 6 months’

₂₈

imprisonment and/or a fine ine of IDR 200,000,000.00" . This crime is ime is classified as a

  violation/misdemeanor. The co he contents of Article 14 People with Disability bility Law is that state and private businesses should ould give equal opportunity to the disabled by em by employing them in accordance with the type and and degree of their disability, education and cap nd capabilities, and the total number of them should hould be proportioned to the total number of e r of employees and/or business’ qualifications. In . In addition, disabled employees should ould not be treated discriminatively, including equa g equal wage for the same job and position.

  Based on interviews w ws with Civil Servant Investigator, “all persons” rsons” means business owners or their personnel. Bus l. Business owners may be apprehended as suspec suspects due to policies on disabled workers. If a busi a business’ personnel are aware of rules, which hich is to oblige equal treatment and fails to notify t otify the business owner, that personnel could al uld also be liable as a

  29 ₂₇ suspect . ₂₈ Indonesia, UU Nomor 13 Tahun 20 n 2003 Tentang Ketenagakerjaan. ₂₉ Indonesia, UU No. 4 Tahun 1997 T 97 Tentang Penyandang Cacat.

  

Respondent, “Interviewed by Sus y Susilo Andi Darma” (Civil Servant Investigator of M of Manpower and Social Agency in Sleman Regency: 7 Octobe October, 2015). Original Research Article

Law Enforcement of Right of Equalit Equality in Work for People with Disability: Evidence from e from Sleman, Indonesia

Susilo Andi Darma

  The next criteria of inte of intention mean knowledge on behalf of the bus he business owner. If a business owner is aware, but fa but fails to carry out policies then that is conside onsidered intentional. If the business owner is unaware aware, but the personnel is aware and fails to inf to inform the business owner, the personnel may also b also be responsible. Thus, business owners or pers or personnel who fail to give equal opportunity and t and treatment may be subject to at the maxim maximum, 6 months’

  30

  imprisonment and/or a fine of I e of IDR 200,000,000.00. (Two hundred million ru llion rupiahs)

  

3.4 Enforcement of Article 28 cle 28 of People with Disability Law at the Inves Investigation Stage in

Sleman Regency

  The explanations of A of Article 1(3) Police Chief Regulation on n on Management of Investigation by Civil Servant ervant Investigator indicated that Civil Servant In vant Investigator might carry out investigations under under the coordination and supervision of Police I olice Investigators. The Management of Investigation gation by Civil Servant Investigator is the pla he planned, organized, controlled, effective and effi d efficient criminal investigation carried out b out by Civil Servant Investigator. The Civil Servant ervant Investigator cannot act on their own autho authority and must be coordinated and under superv upervision of Police Investigators. Prior to inve investigation, a Civil Servant Investigator must notif t notify the prosecutor via a Police Investigator tha tor that an investigation has begun (Investigation Co n Commencement Notification/SPDP). During uring summons, Civil Servant Investigators may req ay request the aid of Police Investigators to su to summon witnesses beyond the work area of the of the Civil Servant Investigator. Civil Servant ervant Investigators in Manpower do not have the aut he authority to carry out arrests based on Article rticle 182(2), and must request the assistance of Police Police Investigators.