Fulfillment of Employment Rights for People with Disabilities in the

Middle of the Covid-19 Pandemic

Vicko Taniady

, Brillian Aditya Prawira Arafat

, Ilham Muhammad

and Beni Rifqi Yafi Hibatullah

Faculty of Law, University of Jember, Jember, East Java, Indonesia

Faculty of Engineering, Diponegoro University, Semarang, Central Java, Indonesia

Faculty of Law, Diponegoro University, Semarang, Central Java, Indonesia

Keywords: Human Rights, Employment Rights, People with Disabilities, and Fulfillment of Rights.

Abstract: This study aims to examine the fulfillment of the human rights of people with disabilities in the field of

employment. The research method uses a literature study. Literacy search was carried out using several search

engines. The study results indicate that fulfilling the human rights of people with disabilities is still not optimal

in the employment sector in Indonesia. This is due to the lack of inclusive education and training. The

fulfillment of accessibility for people with disabilities is also a problem that needs to be addressed. Seeing

this, there needs to be a synergy from several parties such as employers, trade unions, and the competent

government to formulate strategies that can facilitate and accommodate people with disabilities to obtain

equal rights and equality in the work environment. The entry of the COVID-19 pandemic has created more

problems for workers with disabilities. Seeing this, it is necessary to accelerate vaccination and provide social

assistance for people with disabilities to fulfill the human rights of people with disabilities. In addition, it is

necessary to strengthen Public-Private Partnership to create job opportunities for people with disabilities.

1 INTRODUCTION

Recognition and protection of Human Rights (HAM)

is one of the characteristics of the rule of law

(Gunawan et al., 2020). Article 1 paragraph 3 of the

Constitution of the Republic of Indonesia has

mandated that Indonesia is a country based on law.

Based on John Locke's view, human rights are a right

given by God to every human being as a natural right

(Salfutra, 2019). So that, it can be said that no one can

revoke human rights. The same thing has become the

state's obligation to fulfill, protect, and respect human

rights.

One of the fulfillment of human rights that needs

to be highlighted is people with disabilities. Article 1

paragraph 1 of Law Number 8 of 2016 concerning

People with Disabilities (after this referred to as the

Law on People with Disabilities) provides an

understanding related to people with disabilities as

people who experience physical, intellectual, mental,

and/or censorship limitations for a long time so that

they experience obstacles. Moreover, the difficulty of

participating fully and effectively with citizens is

based on equal rights. This research will focus on

fulfilling the human rights of people with disabilities

in the employment sector. People with disabilities

have the same right to get a job. This is stated in

Article 27 paragraph 2 of the 1945 Constitution of the

Republic of Indonesia (after this referred to as the

1945 Constitution of the Republic of Indonesia),

which states that every citizen has the right to get a

job and a decent living.

Like no ivory that does not reclaim, the fulfillment

of the human rights of people with disabilities in the

employment sector in Indonesia is very minimal

(Taniady et al., 2021). In Indonesia, people with

disabilities in Indonesia live in conditions of

vulnerability, backwardness, and/or poverty due to

obstacles, difficulties, and even the condition of the

rights of people with disabilities (Putra, 2019). Based

on data from the Ministry of Manpower in 2021, there

are 17.74 million working-age people with

disabilities (Kementerian Ketenagakerjaan RI, 2021).

Meanwhile, 7.8 million people are included in the

workforce (Kementerian Ketenagakerjaan RI, 2021).

This data shows that the Labor Force Participation

Rate (TPAK) for people with disabilities is around 44

percent, far from the National TPAK target of 69

percent. The same data shows the number of people

with disabilities working as many as 7.57 people and

242

Taniady, V., Aditya Prawira Arafat, B., Muhammad, I. and Rifqi Yaﬁ Hibatullah, B.

Fulﬁllment of Employment Rights for People with Disabilities in the Middle of the Covid-19 Pandemic.

DOI: 10.5220/0010861800003255

In Proceedings of the 3rd International Conference on Applied Economics and Social Science (ICAESS 2021), pages 242-249

ISBN: 978-989-758-605-7

the number of open groups (TPT) as many as 247,000

people, so that the Open Unemployment Rate (TPT)

is 3 percent. On the other hand, the number of workers

with disabilities in the informal sector is 75.71

percent, and the remaining 24.29 percent work in the

formal sector (Kementerian Ketenagakerjaan RI,

2019). This, of course, has not yet achieved the

optimal fulfillment of the human rights of people with

disabilities in Indonesia.

The entry of the Corona Virus Disease 2019

(COVD-19) pandemic in Indonesia in early March

2020 (Taniady et al., 2020), provided even greater

homework, especially the fulfillment of the rights of

people with disabilities in the employment sector. As

is well known, one of the employment sectors that has

been heavily affected by COVID-19 is the

employment sector, especially in the informal sector

(Dewi et al., 2020; Perdana et al., 2020). Seeing this,

it is necessary to have the latest research to examine

and provide solutions to fulfill human rights for

people with disabilities in the collaborative sector

amid the current COVID-19 pandemic. This is due to

the lack of research related to it. Therefore, there are

two formulations of problems in this research,

namely: 1) How is the problem of fulfilling the human

rights of people with disabilities in the employment

sector?; and 2) What is the strategy for optimizing the

fulfillment of human rights for people with

disabilities in the employment sector during the

COVID-19 pandemic?

2 LITERATURE REVIEW

2.1 Human Rights

In general, human rights are one with the dignity and

nature of humans themselves; therefore, they are also

referred to as fundamental rights. In MPR Decree No.

XVII/MPR/1988 concerning Human Rights states

that human rights are fundamental rights inherent in

human beings that are natural and universal as gifts

from God Almighty and function to ensure survival,

independence, human development, and a society that

no one should ignore, deprive, or interfere. Human

Rights are a set of rights inherent in the nature and

existence of humans as creatures of God Almighty

and are His gifts that must be respected, upheld, and

protected by the state, law, government, and everyone

for the sake of honor and protection of dignity, and

human dignity (Setiawan, 2021).

The definition of human rights above in Indonesia

is still very general and universal. Law Number 39 of

1999 Article 1 paragraph (1), which mentions the

definition of human rights "Human Rights are a set of

rights attached to the nature and existence of humans

as creatures of God Almighty and is His gift that must

be respected, upheld and protected by the state, law,

government, and everyone for the honor and

protection of the dignity and human dignity." Based

on the understanding of human rights from the law, it

can be said that it is essential, and everyone must

respect the individual rights of each people. This

obligation has been stated in the law as a set of

obligations so that if it is not implemented, it will not

be implemented, and the protection of human rights

will be enforced (Dibley, 2019).

2.2 People with Disabilities

According to John C. Maxwell, a people with a

disability has a disability and/or can interfere with

activities. Article 4 of Law no. 8/2016 defines people

with disabilities in four categories. First, people with

physical disabilities, namely impaired movement

function, including amputation, paralyzed or stiff,

paraplegic, cerebral palsy (CP), due to stroke, due to

leprosy, and small people. Second, people with

intellectual disabilities, namely impaired thought

function due to below-average intelligence levels,

including slow Third, people with mental disabilities,

namely disturbances in thought, emotion, and

behavior, including (a) psychosocial including

schizophrenia, bipolar, depression, anxiety, and

personality disorders; (b) developmental disabilities

that affect social interaction skills, including autism

and hyperactivity. Fourth, people with sensory

disabilities, namely the disruption of one of the

functions of the five senses, including visual

impairment, hearing disability, and/or speech

disability (Armitage & Nellums, 2020). People with

disabilities are any person who experiences physical,

intellectual, mental, and/or sensory limitations in the

long term who is interacting with the environment

may experience obstacles and difficulties to

participate fully and effectively with other citizens

based on equal rights (Waddington & Priestley,

2021). There are various types of people with

disabilities, namely (Siswanto, 2019):

1. Tuna Rungu

The definition of deafness itself is very diverse,

which refers to the hearing condition of deaf

children. Deafness is also a general term that

indicates hearing difficulties from mild to

severe, classified into deaf and hard of hearing.

Fulﬁllment of Employment Rights for People with Disabilities in the Middle of the Covid-19 Pandemic

243

2. Tuna Netra

Tuna Netra is the condition of a person

experiencing disturbances or obstacles in the

sense of sight.

3. Tuna Daksa

Tuna Daksa is a physical disability, a subtle term

for people with physical abnormalities,

especially limbs, such as feet, hands, or body

shape.

4. Tunagrahita

Tunagrahita is a term used to refer to children or

people who have intellectual abilities below the

average, or it can also be called mental

retardation.

5. Tuna Laras

Tuna Laras is a term for individuals who

experience obstacles in controlling emotions and

social control. Patients usually show deviant

behavior and do not comply with the rules or

norms that apply around them.

6. Autism

Autism is a condition that affects a person from

birth or infancy, which makes him unable to

have regular social or communication

relationships.

The World Health Organization or the World

Health Organization (WHO) defines disability as a

state of limited ability to carry out activities within

the limits that are considered normal. WHO divides

disability into three categories, namely: (a)

impairment, which is an abnormal condition or loss

of psychological or anatomical structure or function;

(b) disability, namely the inability or limitation as a

result of an impairment to carry out activities in a way

that is considered normal for humans; (c) handicap,

which is a condition that is detrimental to a person

due to an impairment or disability that prevents him

from fulfilling a regular role (in the context of age,

gender, and cultural factors) for the person concerned

(Vornholt et al., 2018).

As Indonesian citizens, people with disabilities

have the same position, rights, obligations and roles

as other Indonesian citizens. Even the 1945

Constitution of the Republic of Indonesia stipulates

that everyone gets special facilities and treatment to

obtain equal opportunities and benefits to achieve

equality and justice. As a form of legal protection for

the fulfillment of human rights in Indonesia,

especially for the right to get decent work for people

with disabilities, Indonesia must have a set of legal

regulations that are fair and firm in regulating state

apparatuses that are alert and pro-disability, and an

inclusive society towards disability issues.

Opportunities to get equal status, rights and

obligations for people with disabilities can only be

realized if accessibility is available, i.e. a facility for

people with disabilities to achieve equal opportunities

in obtaining equal positions, rights, and obligations so

that efforts are needed to provide accessibility for

people with disabilities. With these efforts, it is hoped

that people with disabilities can be integrated into

realizing national development goals in general and

improving the social welfare of people with

disabilities. The implementation of efforts to improve

social welfare, among others, is carried out through

equal opportunities for people with disabilities, which

are essentially the joint responsibility of the

government, the community, families, and people

with disabilities themselves (Barnes, 1996).

The fact shows that employment is an essential

factor of livelihood and self-esteem for every

individual, especially people with disabilities. It

provides income and security and helps overcome

social isolation, unequal status, and respect that

shadows disability (Jurado-Caraballo et al., 2020).

However, people with disabilities are often seen as

unproductive, incapable members of society of

carrying out their duties and responsibilities so that

their rights are neglected. Because of that stigma, a

lack of emphasis is placed on workplace

accommodation.

Over one billion people with disabilities, out of

which 80 percent live in developing countries

worldwide (World Health Organization, 2011), and

over 450 million people within this population are in

the working-age (Spaull, 2013). In Indonesia, the

proportion of disabilities in productive age (15 – 59)

is 22 percent (Prasojo, 2020). This prevalence shows

the significant number of people with disability

unemployed, and this low rates of labor market

participation are one of the essential pathways

through which disability may lead to poverty.

People with disabilities also often have extremely

high medical costs due to their disability and that is

one excuse why people with disabilities should be

employed. Access to information, one of the obstacles

for people with disabilities to entering labor markets,

can be a further barrier for people with disabilities,

especially people with visual impairments (Butler et

al., 2002). Therefore, supported employment, with

accessible information in job opportunities and job

consultation, can integrate people with disabilities

into the competitive labor market to accommodate the

increasing numbers of people with disabilities in the

working-age population (Brown et al., 2020).

ICAESS 2021 - The International Conference on Applied Economics and Social Science

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2.3 Human Rights Fulfillment

Fulfilling human rights is an action or effort to protect

the community from arbitrariness that does not follow

the rule of law to create order and peace (Irawan et

al., 2021). The principles and fundamental human

rights are accommodated in the state constitution, the

1945 Constitution of the Republic of Indonesia,

which was even born earlier than the Universal

Declaration of Human Rights. Article 28D paragraph

(1) of the 1945 Constitution of the Republic of

Indonesia describes legal recognition and certainty in

the same way without discrimination. The fulfillment

of human rights is achieved when the protection of

human dignity before the law is also regulated by Law

Number 39 of 1999 concerning Human Rights.

In addition, to protecting the public from arbitrary

actions by the authorities, the existence of human

rights requires the state to fulfill and guarantee the

enforcement of the rights of citizens. The human

rights framework implementation parameters are

divided into 2 (two) main paradigms (Zaini, 2016).

First, human rights see rights as values that must be

fulfilled. In this case, there are fundamental rights

related to economic, social, and cultural rights, which

mean the extent to which citizens' quality of life.

Second, that human rights see rights as values that

must be protected, where fundamental rights are in

the form of civil and political rights. These civil and

political rights must be protected, which will cause

problems and insecurity if not fulfilled.

3 METHOD

The method used in this literature review is to use the

keywords Law Subject Headings, namely Human

Rights, Employment Rights, People with Disabilities,

and Fulfillment of Rights. Literacy searches were

carried out using search engines like Google scholar,

Sciencedirect, Researchgate, and SpringerLink.

Inclusion criteria in the literature used were legal

research journals on Human Rights and descriptive

research on the fulfillment of rights for people with

disabilities. The publication provisions used are

within the last ten years, and there are at least two

keywords from this literature review. The exclusion

criteria used were research journals outside of

publications in the last ten years. From the results of

the literacy search using inclusion and exclusion

criteria, 26 journals are using in this research.

4 RESULTS AND DISCUSSION

4.1 The Problems of Fulfilling Human

Rights of People with Disabilities in

the Employment Sector

Equations Employment problems in Indonesia are

crucial problems; several parties have made various

breakthroughs, especially the government, in tackling

the high unemployment rate (Dewita Hia, 2015). In

addition to focusing on reducing unemployment, the

government should also implement inclusive

principles in work. People with disabilities are also

entitled to access decent work in this country,

including private companies and government

agencies.

The low LFPR recorded indicates that many

people with disabilities seem pessimistic or reluctant

to enter the world of work. Many factors cause this

condition to occur, such as social inequality, limited

accessibility for people with disabilities in the work

environment, non-inclusive job training, and open

distrust job vacancies on the abilities of people with

disabilities (Hastuti et al., 2020). On the other hand,

there is much negative stigma about disabled workers

that must be straightened out in terms of employment

(Tan & Ramadhani, 2020).

Regarding the main problem, non-inclusive

education and training are the most significant factor

in the lack of participation in the workforce with

disabilities (Widhawati et al., 2020). Through the

Law on People with Disabilities, the state has

promised that it will fulfill the rights of people with

disabilities, including the right to obtain an education.

If the education system alone does not apply the

inclusive principle in its curriculum, we cannot

expect much towards improving the quality and skills

of people with disabilities. Because basically, people

with disabilities need a special education and training

system that is by their abilities to adapt to the existing

environmental conditions (Kim Jiu et al., 2020).

Lack of accessibility for people with disabilities

can also be indicated as a factor in the lack of

participation in the workforce with disabilities

(Widjaja et al., 2020). In public facilities, it is still rare

to find disability-friendly facilities that people with

disabilities need. If there is, even then many have

been converted inappropriately, for example, Paving

Blocks on street pavements, which have been

converted as stalls for street vendors, as well as in the

work environment, there are still many companies or

offices that still do not provide the accessibility

needed by people with disabilities (Wahyuni, 2019).

The accessibility adjustments include meeting the

Fulﬁllment of Employment Rights for People with Disabilities in the Middle of the Covid-19 Pandemic

245

routine needs of employees in the workplace, such as

entrances, particular stairs, and toilets. Then there is

the adjustment of accessibility for certain limitations,

such as hearing impairment; for example, usually in

companies, the sound of alarms and sirens is a sign;

in this case, a flashing light can be added to make it

easier for those who are hearing impaired.

On the other hand, we often lack information on

job vacancies for people with disabilities

(Hidayatullah & Pranowo, 2018). There are even job

vacancies providers who do not believe in the abilities

possessed by people with disabilities (International

Labor Organization, 2013). The job vacancy provider

does not see the other side of the people with a

disability, even though if you look closely, every

people with a disability must have other abilities that

can cover this shortcoming. This negative stigma

should jointly be straightened out to avoid

discrimination against people with disabilities,

especially in employment issues.

The COVID-19 pandemic in Indonesia also poses

a significant challenge in the employment sector,

especially for workers with disabilities. As is known,

people with disabilities are categorized as vulnerable

to being exposed to COVID-19 (Saptoyo, 2021).

Seeing this, it is necessary to limit activities for

people with disabilities. On the other hand, the

number of workers with disabilities is more likely to

work in the informal sector, which must experience

difficulties. This is due to the social restriction policy

issued by the government (Mungkasa, 2020). On the

other hand, due to the COVID-19 pandemic, the

income of people with disabilities has also decreased.

This is shown in the following figure.

Figure 1. Decreased Workers' Income with Disabilities Due

to the COVID-19 Pandemic Based on Data from 1,638

Respondents (Dzulfikar, 2020).

4.2 Optimizing the Fulfillment of

Human Rights of People with

Disabilities in the Employment

Sector

In solving employment problems for people with

disabilities, it is necessary to have a sense of concern

and synergy from many parties, including employers,

trade unions, and the government in authority

(International Labor Organization, 2013). When we

want inclusiveness in the work environment, at least

these three elements understand their duty in seeking

an inclusive and non-discriminatory working climate.

Article 27, paragraph 2 of the 1945 Constitution of

the Republic of Indonesia states that every citizen has

the right to work and a decent living for humanity.

Furthermore, Article 5 of Law Number 13 of 2003

concerning Manpower (Labor Law) explains that

every worker has the same opportunity to get a job

without discrimination. These two articles imply that

all parties need to strive to fulfill workers' rights,

including people with disabilities.

Entrepreneurs are parties who have the authority

to provide employment opportunities; therefore,

entrepreneurs also have the authority to manage

human resources, including those with disabilities.

This human resource development policy is expected

to facilitate workers with disabilities to obtain equal

rights in the work environment. The basic strategies

of human resource management and development

that can be carried out include:

1. Special admission process for people with

disabilities to work in a company or agency

2. There are equal and equal opportunities for

people with disabilities in doing work

3. Guaranteed contractual guarantees for people

with disabilities to be able to work for a certain

period

In addition to human resource management,

entrepreneurs should also provide work support

facilities needed by people with disabilities to carry

out their jobs safely and comfortably. Trade unions

are one of the forums that can be used as a support

system to support disabled workers in obtaining their

rights. Through this union, it is hoped that the

concerns of disabled workers can be conveyed so that

equality and justice are achieved in the work

environment. The roles that trade unions can play in

realizing this equality are as follows:

1. Voice the problems experienced by disabled

workers, either to the company or to the

government

ICAESS 2021 - The International Conference on Applied Economics and Social Science

246

2. Provide understanding and training for disabled

workers on things they can develop.

3. Monitor the development of workers with

disabilities through developments and the

problems they currently face.

On the other hand, the entry of the COVID-19

pandemic, which has provided obstacles for people

with disabilities to work, requires a solution. The

urgency to accelerate vaccination is the primary step

that must be done. On the other hand, there is a need

for social assistance from the government for people

with disabilities. Indeed, social assistance from the

government has been provided to people with

disabilities. However, the data collection process is

not optimal (Sudarno & Utomo, 2018), making the

fulfillment of the human rights of people with

disabilities through social assistance still not evenly

distributed. Seeing this, there is a need for a specific

data collection process to be carried out.

4.3 Public-Private Partnership as a

Strategy to Provide Employment

Opportunities for People with

Disabilities

In solving employment problems people with

disabilities, such as limited job opportunities, lack of

supporting facilities, and a lack of trust in job

providers, the Public-Private Partnership can be a

solution to overcome these problems because public

problems are complex can be solved through Public-

Private Partnership (Ho, 2006).

Stability, capacity, and collaboration in Public-

Private Partnerships are essential to creating jobs

more efficiently; Public-Private Partnerships can

harness the power of the public and private sectors.

The public sector contributes to stability and public

will, while the private sector contributes to capacity

building, creativity, and access to capital (Mgaiwa &

Poncian, 2016). For example, the University of

Washington School of Medicine Expansion project

into the South Lake Union neighborhood in 2008-

2013 could create short-term and long-term jobs

(Christopher M. Byrd, 2019). Partners involved in the

project include Vulcan Real Estate as a developer,

Perkins, Will as an architectural firm, Sellen

Construction as contractor general, Turner

Construction as a construction partner, and National

Development Counsel for project financing. In this

project, 2,000 jobs were created directly as a result of

construction. These jobs include more than 1,400

University of Washington jobs and 600 union

construction jobs to be created. In addition, 3,000

regional jobs are expected to be created indirectly due

to the economic impact of construction facilities

(Gray, 2011).

The purpose of the Public-Private Partnership,

reflecting on the project above, is to develop finance

and not necessarily to cooperate after the facility's

construction (Roehrich et al., 2014). The government

can work with the private sector to create jobs for

people with disabilities through financing, business

development, and public contributions to the

business. The Public-Private Partnership offers a

long-term, sustainable approach to developing social

infrastructure to increase the value of public assets

(Wang & Ma, 2021). In addition, the efforts of the

Public-Private Partnership will also have a positive

impact, especially during the current COVID-19

pandemic, to absorb people with disabilities in

Indonesia.

5 CONCLUSIONS

Employment problems in Indonesia are increasingly

comprehensive, including employment issues for

people with disabilities. They have to face many

problems when they have to decide to enter the world

of work, ranging from limited employment

opportunities, lack of supporting facilities for them,

to the lack of trust in job providers, they must

optimize themselves to develop themselves to be able

to adapt to the work environment. However, they

cannot work alone; there needs to be synergy from

several parties such as employers, trade unions, and

the government in authority so that later these parties

can formulate strategies that can facilitate and

accommodate people with disabilities in order to

obtain equal rights and equality in the work

environment.

On the other hand, the entry of the COVID-19

pandemic has created problems for workers with

disabilities. This is because many people with

disabilities work in the informal sector. Seeing this, it

is necessary to accelerate vaccination and provide

social assistance for people with disabilities. Thus,

the guarantee of the human rights of people with

disabilities can be fulfilled. In addition, to absorb

disabled workers, it is necessary to strengthen the

implementation of the Public-Private Partnership.

Through the Public-Private Partnership, it is hoped

that people with disabilities will get the same job

during the COVID-19 pandemic and in the future.

Fulﬁllment of Employment Rights for People with Disabilities in the Middle of the Covid-19 Pandemic

247

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