Reasonable Accommodation bagi Penyandang Disabilitas dalam Proses Hukum: Perbandingan Hukum Konstitusi Indonesia dan Jepang

Abstract

This study aims to analyze the provision of Reasonable Accommodation for persons with disabilities who are users of legal services in the implementation of legal proceedings, particularly from the perspective of constitutional law in the application of legal norms and the protection of human rights. The research focuses on how the concept of Reasonable Accommodation is regulated under Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP), Law Number 8 of 2016 concerning Persons with Disabilities, and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Through Law Number 19 of 2011, the Government of Indonesia ratified the United Nations Convention on the Rights of Persons with Disabilities. A comparative analysis is conducted with Japan, where the right to Reasonable Accommodation for persons with disabilities is guaranteed through the Basic Act for Persons with Disabilities and the Act for Eliminating Discrimination against Persons with Disabilities. This research employs a normative legal method using statutory and comparative approaches. Data were collected through visits to courts to assess the extent to which Reasonable Accommodation is provided for persons with disabilities as users of legal services, including adequate information, accessibility support, and disability assistance during legal proceedings.  The findings indicate that, from a normative perspective, the legal framework governing Reasonable Accommodation within the judiciary is relatively well established. Regulations provide for non-discriminatory services, accessible facilities, interpreters, assistants, and special examination standards for persons with disabilities. The provision of Reasonable Accommodation in judicial institutions is essential for ensuring accessibility and enabling persons with disabilities to participate effectively in criminal court proceedings. Many courts have provided various facilities, such as designated parking areas, accessible entrances, waiting areas, and disability-friendly restrooms. However, shortcomings remain in the availability and quality of accessibility measures in several locations, which hinder the delivery of services to persons with disabilities. Furthermore, implementation continues to face challenges, including limited physical infrastructure, insufficient training for law enforcement officials, and the absence of standardized assessments to identify the individual accommodation needs of persons with disabilities.