Building the case for a disability-inclusive justice system

In Gunung Kidul, Yogyakarta, one district court is hoping to serve as a model of inclusion for people with disabilities in Indonesia.

YOGYAKARTA, Indonesia — The district court of Wonosari in Gunung Kidul, Yogyakarta, looks just like any government office in Indonesia. Reception tables greet visitors upon entry and multiple rooms populate the first floor.

But according to Husnul Khotimah, head of the district court, theirs is a slightly improved version of a standard government space. As proof, she opens the building’s main entrance and asks in Javanese: “Do you see it?”

The glass door could easily fit two people entering at the same time. But its main purpose, it turns out, is for wheelchair users. A ramp access can be seen outside the doorway.

But it’s not just the infrastructure that sets the court apart. The court has conducted some training sessions for all of its staff on sign language and disability awareness.

“If they are too afraid to go to the court to be a witness, ... it is the obligation of the court to come to [them] . [We can] also give fair judgment by not only providing punishment to criminals … but also [by ensuring, for example] proper compensation is provided to the victim,” Khotimah told Devex.

There are other not-so-obvious features designed for people with disabilities, such as lowered reception tables, steel handle bars attached to the toilet walls for support, and projector screens inside the court rooms for the hearing impaired.

The main entrance to the Wonosari district court building.

The main entrance to the Wonosari district court building.

The main entrance to the Wonosari district court building.

The court supplies information on court procedures in Braille.

The court supplies information on court procedures in Braille.

The court supplies information on court procedures in Braille.

The complaint desk is lowered to accommodate wheelchair users.

The complaint desk is lowered to accommodate wheelchair users.

Khotimah has become somewhat of a disability champion herself, after participating in a trial involving a person with a disability. She has worked to show her colleagues in the profession what can be done to increase the court’s accessibility to people with disabilities and ensure they receive a fair trial.

The 2017 annual report by Komnas Perempuan, or the National Commission on Violence Against Women, shared with Devex, states that only 8 percent of the cases it has handled in the year involved people with disabilities as victims reaching court, highlighting the barriers for people with disabilities to access justice.

 Husnul Khotimah, head of the Wonosari district court.

Husnul Khotimah, head of the Wonosari district court.

Husnul Khotimah, head of the Wonosari district court.

The modifications and efforts to raise awareness and understanding of the needs of people with disabilities in the district court of Wonosari were made with guidance from Sasana Inklusi & Gerakan Advokasi Difabel, or SIGAB, a grassroots organization for people with disabilities that works in partnership with other organizations, civil society, and the government to share research and best practices on disability-inclusive development.

Since 2012, the organization has received funding from Australia’s Department of Foreign Affairs and Trade under its Australia-Indonesia Partnership for Justice program, which aims to contribute to strong and accessible justice and security institutions in the country.

Inside, a large TV displaying animation explaining court procedures has, on the bottom right side of the screen, a woman also explaining in sign language. Leaflets in Braille are available right next to it.

The Wonosari district court setup should be replicated in all courts in Indonesia, ideally. In the past, the director generals of Indonesia’s religious court and the general court of Indonesia have passed circulars requiring district courts to provide disability-friendly facilities.

Champions of disability inclusion in legal proceedings regarded the provisions as milestones. In 2011, the government of Indonesia ratified the U.N. Convention on the Rights of Persons with Disabilities, which provides a shift to how governments should realize and promote the rights of people with disabilities, from a medical and welfare approach to one based on human rights. This was followed by a new law on disability in 2016 that identifies the rights of people with disabilities to justice and legal protection.

Lack of technical guidelines to properly translate the regulations into action, however, has left them open for individual court interpretation. One court, Khotimah said, built a ramp so high, it is a hazard rather than a benefit for wheelchair users.

There is also still a lot to be done to build the capacity of the justice system to accommodate the legal needs of people with disabilities.

Sipora Purwanti, alias Ipung, program manager for SIGAB, exits one of the court rooms in Wonosari.

Sipora Purwanti, alias Ipung, program manager for SIGAB, exits one of the court rooms in Wonosari.

A more complex barrier

Legal provisions in Indonesia and a lack of knowledge of the courts have kept them from the reach of people with disabilities.

“So far in Jogja, the court that’s accessible to our ‘difabel’ friends [is] only in Wonosari district court … Maybe what we experienced in the district court of Wonosari can be an example to every court and law enforcer to do the same thing.”
Husnul Khotimah, head of the Wonosari district court

Sipora Purwanti, alias Ipung, knows this all too well. She has been advocating for the rights of people with disabilities for more than a decade, as program manager for SIGAB and as a person with mobility challenges herself — she had polio as a child.

Over the last seven years, she has honed her knowledge of Indonesian law, the country’s legal system, and how inclusive it is to people with disabilities.

Head of court Husnul Khotimah and SIGAB program manager Ipung.

Head of court Husnul Khotimah and SIGAB program manager Ipung.

Head of court Husnul Khotimah and SIGAB program manager Ipung.

She and the advocacy team at SIGAB believe court cases involving people who, like them, have some form of disability, can be processed fairly only if their rights and needs are understood and recognized early.

Indonesian law, Ipung learned, for example, requires a witness to be able to see and hear. But this is impossible for people with visual and hearing loss. To prove an act was done in violence, the law requires the victim be able to establish resistance as a means of self-defense. But this is difficult for people with physical or mental disabilities.

Ipung explains the differences between Indonesian Sign Language (BISINDO) and a more personalized sign language used by those who've not had any formal education. She also explains the importance of visual aids in court cases involving people with disabilities.

Ipung explains the differences between Indonesian Sign Language (BISINDO) and a more personalized sign language used by those who've not had any formal education. She also explains the importance of visual aids in court cases involving people with disabilities.

Through the organization’s legal aid unit, the team at SIGAB helps ensure people with disabilities who need to face the court have access to information on court procedures and that their needs are properly identified before court proceedings. This includes finding the right interpreter for those unable to speak, as people with disabilities, particularly those with hearing impairments, can be exposed to different types of sign languages used in Indonesia.

A court staff reads documents in Braille.

A court staff reads documents in Braille.

A court staff reads documents in Braille.

A court staff reads documents in Braille.

Early wins

SIGAB’s legal assistance work has spread in several districts and municipalities in Gunung Kidul. Police officers familiar with the organization’s work contact SIGAB directly when they encounter cases involving people with disabilities. The organization has also established a network of paralegals who consult with SIGAB on these issues.

“People with disabilities have their own living experiences that not a lot of able-bodied people would probably be aware of. So that's why facilitation from a disabled people's organization like SIGAB is really important to help legal entities on the technical aspects and in responding to the different needs of people with disabilities.”
Andini Mulyawati, senior program manager, poverty and social development at DFAT Indonesia

But to scale, DFAT Indonesia, under the second phase of its AIJP program, is facilitating knowledge sharing with other civil society organizations on what SIGAB has done and how the court in Wonosari applied the necessary changes to become more inclusive, such as through site visits and discussions. The bilateral aid donor has already done this with a civil society organization in South Sulawesi.

Using the inclusive court pilot in Wonosari as an example, SIGAB has also advocated with Indonesia's supreme court to release a new regulation enforcing compliance of its earlier circular on more accessible courts. One of the things the organization and its partners wanted to prove to the supreme court was how accessibility does not necessarily have to be costly. In Wonosari, the court tried to find ways within its budget to accommodate the modifications in the building.

Khotimah, Ipung and other court staff discuss inclusive court ideas while snacking.

Khotimah, Ipung, and other court staff discuss inclusive court ideas while snacking.

Khotimah, Ipung, and other court staff discuss inclusive court ideas while snacking.

To be sure, there are other considered inclusive courts in Indonesia, such as in South Sumatra and East Java. But their presence remains the exception rather than the rule for now. Ipung is convinced building an inclusive justice system across the country that involves the rights of people with disabilities is in for the long-haul.

She has been working on disability advocacy since 2004, but policy changes on inclusive justice have only just started happening over the past five years, she explained.

Reporting: Jenny Lei Ravelo
Video and photography: Anita Reza Zein
Production: Naomi Mihara

Editor's note: DFAT facilitated Devex's travel for this reporting. However, Devex maintains full editorial control of the content.