THE PRINCIPLE OF NON-DISCRIMINATION AND EQUALITY OF OPPORTUNITY IN THE WORLD OF WORK FOR WORKERS WITH DISABILITIES (Study in Kupang City)

Main Article Content

FERDINANDUS LOBO, BENEDIKTUS PETER LAY, ERNESTA UBA WOHON, STEFANUS DON RADE, CAROLINA GLORIA METKONO

Abstract

This research discusses the problem where companies have not hired people with disabilities. The company in Kupang City is one of the companies that is really able to hire people with disabilities.  However, so far the company does not have a single worker who comes from among people with disabilities. Based on Law No. 8 of 2016 concerning Persons with Disabilities article 53 paragraph (1) states, the Government, local governments, State-owned Enterprises and Regional-Owned Enterprises are required to employ at least 2% (two percent) of persons with disabilities from the number of employees or workers.Meanwhile, article 53 paragraph (2) states that private companies must employ at least 1% (one percent) of persons with disabilities from the number of existing employees.The formulation of the problem from this writing is how to implement the principle of non-discrimination and equality of opportunity in the world of work for workers with disabilities (study at Kupang City) and the obstacles to the implementation of the principle of non-discrimination and equality of opportunity in the world of work for workers with disabilities at Kupang City.The type of research used is empirical legal research.Based on the results of the study, it shows that the Company has not applied the principle of non-discrimination and equality of opportunity in the world of work for workers with disabilities.Meanwhile, the obstacles are the first obstacle from the person with disabilities itself, the second is the obstacle from the company.

Article Details

Section
Constitutional Law
Author Biography

FERDINANDUS LOBO, BENEDIKTUS PETER LAY, ERNESTA UBA WOHON, STEFANUS DON RADE, CAROLINA GLORIA METKONO

Ferdinandus lobo1,benediktus peter lay2, Ernesta Uba wohon3, stefanus don rade4*, carolina gloria metkono5

Faculty of Law, Widya Mandira Catholic University1

Faculty of Law, Widya Mandira Catholic University2

Faculty of Law, Widya Mandira Catholic University3

Faculty of Law, Widya Mandira Catholic University4

Faculty of Law, Widya Mandira Catholic University5

References

] Priamsari, RR. Daughter. "Fair Laws for People with Disabilities." Issues- Legal Issues 48, no. 2 (2019): 215–223.

] Arrista, Trimaya." Efforts to realize the protection and fulfillment of the rights of persons with disabilities through Law Number 8 of 2016 concerning Persons with Disabilities." Journal of Indonesian Legislation 13, no. 4 (2016):401–410.

] Asyhadie, Zaeni, 2015, Work Law: Employment Law in the Field of Labor Relations, PT RajaGrafindoPersada, Jakarta.

] Effendi, A. Masyur. 2005. Development of the Human Rights Dimension and the Dynamics Process of Human Rights Law Drafting (HAKHAM). Bogor: Ghalia Utama.

] Fulthoni, Renata Arianingtyas DKK. 2009. Understanding Discrimination, Jakarta: The Indonesian Legal Resource Center (ILRC).

] Harahap, Rachmita Maun, Imam Santosa, DeddyWahjudi, and WidjajaMartokusumo. 2019. "Study of the application of universal design in lecture halls for hearing disabilities in universities (case study: cadl building lecture hall at ITB." Narada: Journal of Design and Art 6 (1): 1-26.

] Heymann, Jody, et al., 2013, Disability and Equity at Work, Oxford University Press, UK.

] Irwanto. et al. 2010. Analysis of the Situation of Persons with Disabilities in Indonesia: A Desk-Review, Jakarta: Center for Disability Studies, Faculty of Social and Political Sciences, University of Indonesia.

] Istifarroh and WihiCahyo Nugroho, "Protection of Disability Rights to Get a Job in Self-Employed Companies and State-Owned Enterprises", MimbarKeadilian, Vol. 12 No. 1, July 2019.

] Jackson, Mary Ann, "Models of Disability and Human Rights: Informing the Improvement of Built Environment Accessibility for People with Disability at Neighborhood Scale?" Laws, Vol. 7, 10, 2018.

] Jazim Hamidi, "Legal Protection of Disabilities in Fulfilling the Right to Get Education and Work", Journal of Law IusQuiaIustum faculty of law, Universitas Islam Indonesia, Vol. 23 Issue 4, October 2016.

] Latuconcina, Zulfatah, "Affirmation of Government Policy in Facilitating Work for Persons with Disabilities", Pandecta Journal of Unnes, Volume 9. Number 2. Semarang, January 2014.

] Nursyamsi, Fajri, EstuDyahArifianti, Muhammad Faiz Aziz, Putri Bilqish, and Abi Marutama. Disability Legal Framework in Indonesia: Towards a Disability-Friendly Indonesia. Print I. Center for Indonesian Law and Policy Studies, 2015.

] Purnomosidi, Arie. "KonsepPerlindunganHakConstitutionAl Persons with Disabilities di Indonesia", Journal of Legal Reflections, Volume 1 Number 2, pp. 161-174

] Salfutra, RekoDwi. "Human Rights In The Perspective Of Legal Philosophy." Journal of Progressive Law XII/No.2/D, no. 1 (2018): 43.

] ZulkarnainRidlwan, "Protection of the Constitutional Rights of Persons with Disabilities", Fiat Justitia Journal of Legal Sciences, Volume 7 No. 2, May – August 2013.