CRPD
Rights Tracker

One of the constraints and challenges in the management of institutions/residential care homes in Indonesia is related to the weak system of monitoring, supervision, and evaluation of these institutions. This is due to several factors:

• The transfer of licensing and management authority for institutions to the regions means the central government does not have the authority to conduct supervision. The Ministry of Social Affairs nationally is authorized to create Minimum Service Standards for these institutions, supervision and evaluation rest with the Provincial Government, while management is with the District/City Government. Synchronization and coordination between the Center, Province, and District/City have not been very effective, resulting in a lack of accountability in the institutions.

• Lack of understanding among regional governments, both provincial and district/city, about the rights of persons with disabilities, so the management of institutions is based on custom and is even inhumane. Regional Governments do not have clear guidelines on how to manage and supervise these institutions, including imposing sanctions on institutions that commit violations, exploitation, violence, torture, or other acts that degrade human dignity.

• The absence of guidelines issued by the Ministry of Social Affairs related to the fulfillment of the rights of persons with disabilities through institutions, including the legal vacuum in habilitation and rehabilitation mandated by Law No. 8 of 2016 Concerning Persons with Disabilities, because the Government Regulation Draft (RPP) has not yet been issued.

• The closed nature of institutions in almost all regions, with no access for outside parties, makes it very difficult to monitor and evaluate these institutions. This exacerbates the situation within the institutions, as there is no regular supervision and monitoring carried out by the Central or Regional Government. Management is usually limited to data collection and formal visits, but does not ensure that the residents of the institutions are truly served according to CRPD principles and human rights.

• Lack of understanding among institution staff regarding the rights of persons with disabilities, resulting in staff committing violations, violence, and torture in many cases. The handling (treatment) provided is often inhumane, does not consider the types of disabilities, the need for appropriate medication or therapy according to the types of disabilities, and in some cases, even involves sexual violence or harassment towards institution residents.

The government still focuses on institutions, although to date, there has been no visible improvement or reform in these institutions, and it has not thoroughly considered community-based rehabilitation outside of institutions. Some social rehabilitation programs created, such as for leprosy (with Leprosy Villages), actually create stigma and stereotypes for those living in those villages.

Recommendations:

• The Ministry of Social Affairs to create guidelines for the management, monitoring, and supervision of institutions that include the rights of persons with disabilities and the obligations of institution managers, as a reference for Regional Governments in carrying out social rehabilitation for persons with disabilities, especially mental and intellectual disabilities.

• Develop a community-based rehabilitation roadmap, with responsible parties, goals and achievement targets, and a specific timeline, as an effort to eliminate the institutional system that does not provide solutions for the development and protection of persons with disabilities.

• Establish a community-based rehabilitation piloting program as an effort to change the perception of the government, social workers, and the community about persons with disabilities, which will ultimately lead to the elimination of the institutional system.

No data available