Available online at: http://journal.
id/index.
php/kh Khazanah Hukum.
Vol.
7 No.
2: 236-254
DOI: 10.
15575/kh.
Integrating Australian Employment Law Practice in Support of People with Disabilities in Indonesia Arpangi1.
Denny Suwondo1.
Andri Winjaya Laksana1.
Chami Yassine2 1Faculty of Law.
Universitas Islam Sultan Agung.
Semarang.
Indonesia 2College of Law.
Abu Dhabi University.
Zayed Street.
Abu Dhabi.
United Arab Emirates *Corresponding Author Email: arpangi@unissula.
ABSTRACT
Individuals with disabilities encounter markedly diminished work prospects relative to their nondisabled counterparts, attributable to societal hurdles, cultural bias, and inadequate legal safeguards.
This study seeks to assess and incorporate inclusive employment practices from Australia into the legal and institutional framework of Indonesia.
The research employs a normative legal method, incorporating doctrinal analysis and comparative study, to examine Australia's *Disability Employment Services (DES)* framework and the *Disability Discrimination Act 1992 (DDA)*, revised as of July 2023.
The contrast underscores possible adaptations within IndonesiaAos employment legislation framework, which remains deficient in explicit procedures for reasonable accommodation, efficient enforcement of disability employment quotas, and organized career coaching assistance.
Furthermore, the study highlights significant disparities in institutional capability and legal culture between the two nationsAiAustralia maintains a rights-based anti-discrimination legal framework, but Indonesia persists with sectoral and charity-focused methodologies.
The results demonstrate that the partial integration of DES and DDA concepts is achievable, contingent upon contextual modifications to accommodate Indonesia's socio-political conditions, institutional constraints, and prevailing legal Essential recommendations encompass the formulation of adaptable work accommodation regulations, the introduction of wage subsidies or tax incentives, the creation of training programs specific to disability categories, and the enhancement of employment oversight agencies equipped to combat workplace discrimination.
These findings confirm that implementing AustraliaAos inclusive employment policies could strategically advance the establishment of a fairer and empowered workplace for individuals with disabilities in Indonesia, aligning with global standards and IndonesiaAos constitutional commitment to equality.
Keywords: Australia.
Disability Employment Services.
Discrimination.
Individuals with impairments.
Indonesia.
Legal adaptation ABSTRAK Disabilitas memiliki peluang yang secara signifikan lebih rendah untuk mendapatkan pekerjaan dibandingkan pekerja non-disabilitas, disebabkan oleh hambatan sosial, prasangka budaya, serta lemahnya perlindungan hukum.
Penelitian ini bertujuan untuk mengevaluasi dan mengintegrasikan praktik ketenagakerjaan inklusif yang diterapkan di Australia ke dalam konteks hukum dan kelembagaan Indonesia.
Studi ini mengadopsi pendekatan normatif melalui analisis hukum doktrinal dan studi perbandingan, dengan merujuk pada kerangka Disability Employment Services (DES) dan Disability Discrimination Act 1992 (DDA) di Australia yang diperbarui pada Juli 2023.
Perbandingan dilakukan untuk mengidentifikasi potensi adaptasi dalam sistem hukum ketenagakerjaan Indonesia yang masih terbatas, seperti lemahnya mekanisme akomodasi kerja, tidak optimalnya kuota kerja disabilitas, serta belum adanya sistem pendampingan kerja yang terstruktur.
Selain itu, penelitian ini menyoroti perbedaan mendasar dalam perspektif kelembagaan dan budaya hukum antara kedua negaraAidi mana Australia mengedepankan prinsip hak dan anti-diskriminasi berbasis hukum, sedangkan Indonesia masih cenderung mengadopsi pendekatan berbasis belas kasih dan pendekatan Hasil penelitian menunjukkan bahwa integrasi prinsip-prinsip dari DES dan DDA dimungkinkan, asalkan disesuaikan dengan kondisi sosial-politik, kapasitas kelembagaan, serta kerangka hukum nasional yang ada.
Rekomendasi yang dihasilkan mencakup perlunya pembentukan * Copyright .
2025 Arpangi et.
This work is licensed under a Creative Commons Attribution-ShareAlike 4.
0 International License.
Received: April 12, 2025.
Revised: June 04, 2025.
Accepted: June 07, 2025 Khazanah Hukum.
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7 No.
2: 236-254
Integrating Australian Employment Law Practice in Support of People with Disabilities in Indonesia Arpangi.
Denny Suwondo.
Andri Winjaya Laksana.
Chami Yassine regulasi akomodasi kerja yang fleksibel, insentif pajak atau subsidi gaji, pelatihan berbasis klasifikasi disabilitas, dan penguatan lembaga pengawasan ketenagakerjaan yang responsif terhadap Temuan ini menunjukkan bahwa integrasi praktik ketenagakerjaan yang inklusif dari Australia dapat menjadi langkah strategis untuk mewujudkan lingkungan kerja yang adil dan memberdayakan bagi penyandang disabilitas di Indonesia, selaras dengan prinsip kesetaraan yang dijamin konstitusi.
Kata kunci: Adaptasi Hukum.
Australia.
Diskriminasi.
Indonesia.
Layanan Ketenagakerjaan Disabilitas.
Penyandang Disabilitas.
INTRODUCTION
The late 20th century saw major economic and technical changes.
This, along with globalisation and labour, commodities, and service market integration, raises global economic uncertainty and risk.
Thus, the corporation had to adjust to fiercer competition (Bagaskara, 2.
The global trend of "flexible" or "new forms" of labour, such as temporary, part-time, seasonal, project, and outsourcing, is rising quickly and affects over one-third of the workforce (Dewi.
Al Izzati, & Surhayadi, 2.
The global trend of "flexible" or "new forms" of labor, such as temporary, part-time, seasonal, project, and outsourcing, is rising quickly and affects over one-third of the Companies must recruit disabled personnel, which causes employment concerns.
Disability is typically considered a human construct, and rehabilitation refers to impaired people as prospective or posited humans (Fakih, 2.
Company commitments to engage disabled workers cause employment concerns.
Many individuals believe disability is caused by humans.
Rehabilitated impaired people are typically shown as potential.
People generally equate "handicapped" with ill luck or catastrophe.
People typically compare infirmity to ideals and use derogatory terminology (Arneil, 2.
Indonesia also has term issues.
In general.
Indonesian culture still associates disability with The designation originated from the Persons with Disabilities Law No.
4 of 1997.
The ratification of the CRPD by Law No.
19 of 2011, which employs the term "persons with disabilities," has resulted in significant changes.
Disability in Indonesia is Different Ability, replacing the derogatory term handicapped, which classifies individuals by physical condition.
Facts demonstrate that there are several problem-solving methods.
Kurniawan listed the following groups (Kurniawan, 2.
: Disabled walking.
Hearing loss, deafness.
Visual constraints.
Cognitive impairment.
Cognitively impaired people.
People with disabilities, seniors, and kids.
Resistance or counter-discourse using "disable" encourages people to regard handicapped persons as having differing skills.
This facilitates aggressive usage of the phrase in media, books, and daily speech (Valle & Connor, 2.
Exclusion of individuals with disabilities from the job market is ascribed to social obstacles, bias, and discrimination.
The World Health Survey, one of the only global data sources that analyzes disability employment rates across countries, illustrates this discrepancy (Heymann.
Wong, & Waisath, 2.
This study demonstrates that handicapped workers had far lower employment rates across geographies and income levels.
A UN survey of 91 nations and territories indicated that disabled individuals had a 24 percentage point lower employment-to-population ratio (United Nations Department of Economic and Social Affairs, 2.
In this sense, disability employment is ISSN 2715-9698 .
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Chami Yassine a significant yet underappreciated problem.
Thus, this research compares Indonesia and Australia's disability employment rights protection and fulfillment mechanisms.
Disability inclusion has improved in Australia's employment statistics.
53% of handicapped people work, while 48% find work.
Employability varies by disability, with 51% of men and 45% of women working, and 23% of men and 20% of women with severe impairments facing higher obstacles (Disability Emloyment Australia, 2.
Disability employment in Australia has progressed, ranked 21st by the Organization for Economic Cooperation and Development, with 56% engaged in full-time work and 44% in part-time positions (Devine et al.
, 2.
The number of disabled individuals in Jakarta.
Indonesia, was 6,003 in 2015.
South Jakarta has the most disabled individuals .
, followed by West Jakarta .
Thousand Islands, with 69 disabled persons, is the least populous (Marjuki, 2.
The participation and engagement of individuals with disabilities in the Indonesian workforce continue to encounter significant structural obstacles.
According to data from the Central Statistics Agency (BPS) in 2023, the number of individuals with disabilities employed was approximately 763,925, constituting 0.
55% of the entire national workforce.
Despite a rise relative to the prior year, this proportion remains exceedingly low, indicating the restricted involvement of individuals with disabilities in the official employment sector (Kementerian Sosial Republik Indonesia, 2.
The majority operate in the informal sector as entrepreneurs or freelancers, typically lacking social protection or adequate employment guarantees .
Law Number 8 of 2016 establishes a normative labor quota of 2% for individuals with disabilities in government agencies and 1% in the private sector.
Nevertheless, the execution of this affirmative policy remains well below expectations.
Data indicates that merely 5,825 individuals with disabilities have been effectively integrated into the formal sector, comprising 1,271 individuals in State-Owned Enterprises (BUMN) and 4,554 individuals in private firms (Majalah Sedane, 2.
This fact indicates that despite the existence of regulations, the efficacy of their execution necessitates enhancement regarding oversight, institutional commitment, and shifts in workplace paradigms.
This restricted engagement in the labor market is intrinsically linked to another critical issue:
inequality in educational access.
The March 2024 National Socio-Economic Survey (Susena.
indicated that around 17.
2% of individuals with disabilities aged 15 and older had not attended formal education.
Moreover, a mere 4.
24% of this cohort succeeded in gaining admission to higher This gap demonstrates that individuals with disabilities have structural obstacles in accessing adequate education, including physical access to educational institutions, suboptimal execution of inclusive education, and insufficient awareness among the community and educators about special needs.
This imbalance directly affects the restricted employment prospects available to individuals with disabilities, hence perpetuating the cycle of poverty and social dependency among them (Kementerian Sosial Republik Indonesia, 2.
Comparable situations are also evident in the data from the Surabaya City Social Service at the regional level.
In 2025, the Social Service documented individuals with disabilities, classified by kind, including visual impairment, hearing impairment, speech impairment, physical disability, and intellectual disability.
In 2020, the population of individuals with disabilities in Surabaya City reached 9,852 and has seen an upward trend in recent years.
This increase partially indicates heightened public awareness regarding the reporting of family members with disabilities.
nevertheless, the actual figure is likely greater due to societal shame and insufficient reporting.
The 238 iC ISSN 2715-9698 .
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Andri Winjaya Laksana.
Chami Yassine highest concentration of individuals with disabilities is located in heavily populated sub-districts, including Sawahan.
Tambaksari, and Wonokromo.
The Surabaya City Government, via the Social Service, has implemented various initiatives, including social rehabilitation services both within and outside shelters, collaboration with non-governmental organizations, and the utilization of resources from the APBD, central government, and private sector CSR programs .
id, 2.
This condition indicates that, despite the presence of a legal framework and many initiatives at both national and regional levels, individuals with disabilities in Indonesia continue to encounter systemic obstacles in obtaining education and employment.
Enhanced and quantifiable cooperation initiatives are essential among the government, commercial sector, and civil society to establish a system that is genuinely inclusive rather than merely formalistic.
Article 67 of Law Number 13 of 2003 about Manpower and Law Number 8 of 2016 regarding Persons with Disabilities protect the rights of handicapped workers in Indonesia.
These tools provide disability equity by adjusting the amount based on the company's workforce size and qualifications (Andi.
Chandra, & Ismed, 2.
The Disability Discrimination Act 1992 in Australia prohibits disability discrimination in employment, education, and services.
Employers must make reasonable accommodations for equitable participation.
The Fair Work Act 2009 protects disabled Australian government initiatives include the Disability Employment Service and the Public Service Disability Employment Strategy.
Comparing the legislative framework and job assistance programs in Indonesia shows a lack of comprehensiveness and effectiveness.
These laws safeguard disabled people's rights, but a lack of control and enforcement makes them less effective.
The government does not provide organised programs to help disabled people join and succeed in the workforce (Dewi et al.
, 2.
The Disability Discrimination Act 1992 and the Fair Work Act 2009 of Australia enhance inclusive employment legislation.
These regulations mandate that corporations provide reasonable accommodations for employees with disabilities and prohibit discrimination.
The Disability Employment Service.
Australian Disability Companies.
Employment Assistance Fund, and Job Access support Australians with disabilities.
Indonesia's employment challenges stem from inadequate legal frameworks.
thus, it must adopt similar ideas and implement strategies to enhance disability skills, participation, and job sustainability.
RESEARCH METHOD
This research utilizes a normative legal methodology, concentrating on doctrinal legal analysis and comparative legal examination (Marzuki, 2.
The doctrinal component entails analyzing legislative rules, legal doctrines, and institutional practices related to disability employment legislation in Indonesia and Australia.
The analyzed legal materials encompass primary sources, including national laws and government regulationsAispecifically.
IndonesiaAos Law No.
8 of 2016 concerning Persons with Disabilities.
AustraliaAos Disability Discrimination Act 1992, and the Fair Work Act 2009Aias well as secondary legal sources, such as journal articles, policy reports, and institutional guidelines.
This research aims to investigate the parallels and differences between the legal frameworks of the two nations, focusing specifically on anti-discrimination procedures, reasonable accommodation, and state-supported employment programs.
This study employs a prescriptive ISSN 2715-9698 .
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Chami Yassine perspective by both describing existing legal norms and proposing recommendations for integrating Australian best practices into Indonesia's legal and institutional framework.
To substantiate the legal analysis, multiple illustrative case examples from both jurisdictions are cited, deliberately chosen for their pertinence to job inclusion, accessibility enforcement, and institutional implementation.
These case studies serve to contextualize the legal framework and elucidate the practical application of legislation.
RESULTS AND DISCUSSION
Challenges and Barriers of Persons with Disabilities based on Employment Practices in Indonesia Law No.
8/2016 requires governments, regional authorities, and companies to employ a minimum of 2% and 1% of individuals with disabilities, respectively.
nevertheless, these stipulations often encounter obstacles owing to marginalization.
It is essential for all governmental organizations to cater to the distinct requirements of persons with disabilities.
John C.
Maxwell defines a person with a disability as an individual who has a disorder and/or whose condition may impede actions.
Article 4 of Law No.
8/2016 delineates four categories of individuals with impairments (Sugiono.
Ihamuddin, & Rahmawan, 2.
, in Table 1.
Tabel 1 Category for Persons with Disabilities according to Law Number 8 of 2016 concerning Persons with Disabilities Disability Category Individuals with Physical Disabilities Individuals Disabilities People with Mental Disabilities Individuals with Sensory Impairments Intellectual Types of Barriers Impairment of motor function, including amputation, paralysis, rigidity, paraplegia, and cerebral palsy (CP) resulting from stroke, leprosy, and dwarfism.
Cognitive impairment resulting from belowaverage IQ, characterized by sluggish learning, visual impairment, and Down syndrome.
Impairment of cognitive, emotional, and .
psychosocial illnesses such as schizophrenia, bipolar disorder, depression, anxiety disorders, and personality disorders.
developmental impairments that hinder social interaction abilities, including autism spectrum disorder and attention-deficit/hyperactivity disorder.
Impairment of one of the five sensory functions, impairment, and/or speech impairment.
Labor protection seeks to uphold the fundamental rights of workers, ensuring equality and preventing discrimination, all while considering the welfare of workers and their families.
It also takes into account the evolution of the business landscape and the interests of employers.
Individuals with disabilities frequently encounter discrimination, particularly those who struggle to secure employment (Putra A.
Markeling, & Darmadha, 2.
Occupational protection can be categorized into three distinct types (Adyhadie, 2.
240 iC ISSN 2715-9698 .
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Chami Yassine Social protection pertains to community initiatives aimed at ensuring that workers and laborers can lead and enhance their lives in a manner akin to that of ordinary individuals, particularly in their roles as community and family members.
Technical protection refers to measures implemented by businesses to safeguard workers or laborers from accidents that may arise from tools or work materials.
This type of protection is typically referred to as work safety, encompassing technical measures aimed at ensuring safety in the workplace.
Economic protection refers to measures aimed at ensuring that workers receive adequate income to fulfill their daily needs and support their families, particularly in situations where they are unable to work for reasons beyond their control.
According to Law Number 13 of 2003 concerning Manpower, an employment contract or work agreement is an agreement between workers and employers or employers that contains working conditions, rights, and obligations of both parties.
Article 89 of the Manpower Law stipulates that the government sets the minimum wage in accordance with the needs of a decent life and takes into account productivity and economic growth.
Individuals with disabilities are governed by the law.
Therefore, it is unjust for laws or policies to exclude those with impairments from participating in societal, national, and governmental life.
Individuals with impairments are often deemed legally incompetent, particularly in the context of pursuing legal action.
Article 86 of the Manpower Law provides legal protection for workers with disabilities, asserting that every worker is entitled to: a.
Occupational safety and health.
Morality and decency.
Treatment that respects human dignity and adheres to religious principles.
Article 14 of the Law on Persons with Disabilities ensures employment opportunities for The legislation mandates a 1% quota for individuals with disabilities, requiring enterprises to hire one person with a disability for every 100 workers.
Article 5 of the legislation mandates that all workers possess equal access to employment opportunities devoid of However, this contrasts with the reality that individuals with impairments have challenges in their workplaces.
Recruitment is the process of searching, searching, inviting and pursuing to determine the number of people inside and outside the company as potential workers with certain characteristics defined in the human resource plan.
The results obtained from the recruitment process include several entry selection processes, the process of determining the most qualified candidates for the company's positions.
In addition to employing people with disabilities, their foundation also guides people with disabilities to various workplaces, including restaurants and hotels.
Some people with disabilities work in the foundation.
some are staff, and some are handicraft producers (Raditia & Yustiawan, 2.
Comparison of Indonesia and Australia on Fulfillment of Disability Rights To enhance the lives of those with disabilities.
Indonesia must provide equal rights, positions, and opportunities for them.
The UN Convention on the Rights of Persons with Disabilities, established in 2006, regulates these rights globally (United Nations, 2.
This treaty has been ratified by several nations, including Indonesia and Australia.
Indonesia has comprehensive disability statistics.
In 2012, 2.
45% of persons had impairments, according to data from the Ministry of Social Affairs PUSDATIN.
There are 11,580,117 persons with different sorts of impairments: 3,474,035 with vision impairments, 3,010,830 with physical impairments, 2,547,626 with hearing impairments, 1,389,614 with mental impairments, and 1,158,012 with chronic impairments (International Labour Organization, 2.
Out of the entire population of individuals with disabilities, 1,163,508 are the focus of government policies and initiatives in Indonesia.
In contrast.
Austria has granted disability rights.
According to 2015 Australian Bureau of Statistics figures, 18.
5% or 4.
3 million persons have impairments (Australian Bureau of Statistics.
Australia enacts the rights-based Disability Discrimination Act of 1992 to advocate for and safeguard the rights of those with disabilities.
(Australian Government, 2.
Disability rights ISSN 2715-9698 .
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Chami Yassine implementation in Indonesia and Australia differs, impacting impaired people.
Indonesia has disability rights policies, however given its accessibility and infrastructure, it should embrace all Australian disability policies.
To complete this comparison, the author focusses on disability rights in Australia and Indonesia in four areas: social, political, economic, and health .
n Table .
Table 2 Comparison of Fulfillment of Disability Rights in the Social.
Political.
Economic and Health Sectors between Australia and Indonesia Field Social Politics Economics 242 iC Australia Australian encompasses the Disability Standards for Accessible Public Transport 2002, the Access Building Standards 2010, and the Building Construction Authority.
All public transportation is accessible to those with Braille signage and auditory aides are available on each traffic signal pole and crosswalk.
Every television program features AUSLAN and live/typed In Australia, the deaf community has established the National Deaf TV Project.
Australia has a policy on the political rights of those with disabilities in the NSD, ensuring they possess the same rights as those without disabilities to access their entitlements.
The Australian Electoral Commission (AEC) offers facilitate voter registration for those with impairments in the 2013 Federal Election (Australian Electoral Commission, 2.
, such as telephone voting services for the blind or those with low Your Official Guide to the Federal Election is available in various easily accessible formats.
Australia follows the FW 2009 policy, which allows Indonesian Law No.
4/1997 confers rights and equality for those with disabilities, 43/1998 enhances their social The execution of Law 8 of 2016 for Persons Disabilities and Law 13 Manpower Such as (Sari.
Analysis Existing rules have not satisfied the rights of disabled individuals in taxis, ships, railroads, walkways, or twowheeled Special routes for disabled persons are still restricted, and just a few TV shows include sign language boxes.
KPU Regulation 10 of 2015 regulates voter data collecting and disability-friendly voting in Indonesia.
Access to politics, such as elections, has been limited for disabled Many disabled individuals are exceptions and lack sufficient election Government Regulation 43 of 1998 on Improving Implement ISSN 2715-9698 .
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Chami Yassine Field Australia disabled persons to work Employed Access Program everyone else.
After one year of special education and skills training, the disabled people.
Indonesian Disability Social Welfare.
All Indonesian firms must place 1% handicapped personnel.
However, this legislation (Latuconsina, 2.
Health The "National Disability Insurance Scheme 2013" insurance/benefits for all disabled people, including physical and mental health.
Australian National health policy according to Indonesia's Law Number 40 of 2004.
Indonesia implemented a social health security The developed a successful Conditional Cash Transfers (CCT) via social welfare cards to individuals with weight (Khafifah, 2.
Analysis However, many of them are not widely accepted by Indonesian companies due to the lack of law enforcement against companies that reject disabled people and the lack of mediation cooperation between companies to fulfil this right, which is still minimal and largely Various disabled people are not Therefore, disability initiatives are still The author advocates for Indonesia to implement essential elements of AustraliaAos disability employment strategy via comprehensive legal and institutional change across many sectors.
Initially, in the realm of employment, it is imperative to create a definitive legal structure that forbids discrimination against individuals with disabilities in recruitment, advancement, and workplace treatment, akin to the Disability Discrimination Act 1992 (Ct.
in Australia.
This entails requiring appropriate accommodations in the workplace and guaranteeing effective legal recourse via labor tribunals or human rights commissions.
Secondly.
Indonesia ought to formulate a national disability employment plan that incorporates obligatory employment quotas or collaborative programs between the government and private sector, taking cues from Australia's JobAccess project and Disability Employment Services (DES).
Third, to overcome structural hurdles, institutional reform is essential to enhance the capabilities of local employment and social service organizations in delivering targeted support, such as training programs, career coaching, and accessible job-matching platforms.
Fourth, political participation rights must be legally ensured through amendments to electoral legislation, guaranteeing that all polling places are physically accessible and that election materials are provided in alternate formats, as implemented by the Australian Electoral Commission.
Finally.
Indonesia should incorporate health accessibility into its national public health strategy, drawing inspiration from Australia's National Disability Insurance Scheme (NDIS), to ensure both preventive and therapeutic health rights for individuals with impairments.
These measures ISSN 2715-9698 .
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Chami Yassine necessitate the adoption of international best practices alongside contextual legislative modifications to assure alignment with IndonesiaAos constitutional values and its current labor, political, and health law frameworks.
Based on the four fields above.
Indonesia can also refer to various regulations in Australia, such as the Disability Discrimination Act (DDA) (Parliament of Australia, 1.
, which regulates acts of discrimination against people with disabilities.
Indonesia very much needs this through regulatory policies.
With regulations similar to those in Australia, people with disabilities in Indonesia will be very protected from various kinds of discrimination that exist at work and in the workplace rights of others, as well as citizens in general.
In addition to the form of regulation.
Indonesia also needs to strive for a form of law enforcement against discrimination against persons with disabilities, as found in Australia, both from the complaint stage to the stage of punishment for perpetrators of discrimination against people with disabilities.
The Australian Government oversees the National Disability Strategy (NDS) to support the Disability Discrimination Act (DDA) program for individuals with impairments in the country (Australian Government, 2.
Indonesia may enact rules to uphold the rights of individuals with disabilities, including social infrastructure, rights protection, justice, legislation, economic security, skill development, health, and welfare.
State-owned companies (SOE.
in the telecommunications sector might implement online complaint services and infrastructure to enable individuals with disabilities to get employment comparable to that of the general populace.
This conforms to the requirements of Australia's Disability Employment Services (DES) on equitable employment (Department of Social Services.
Australian Government, 2.
Furthermore.
Indonesia must implement diverse legislation concerning the adaptability of impaired workers, customized to the specific nature of their employment.
This is significant, given that individuals with impairments lack proper categorization.
Consequently, the need for workplace flexibility for individuals with disabilities, directly managed by labor and associated enterprises, necessitates that forthcoming legislation include flexible work arrangements, worker safety, working hours, leave policies, age restrictions, and legal protections.
This rule will safeguard the rights of individuals with impairments.
This rule aligns with and is substantiated by the provisions of the Fair Work Act .
implemented in Australia (Parliament of Australia, 2.
Corporate Strategy can Develop and Apply the Skills.
Engagement, and Work Continuity of Indonesian People Disabilities Indonesia, a constitutional democracy anchored in the rule of law, acknowledges the safeguarding of human rights as a core tenet.
This principle encompasses the rights of individuals with disabilities, as assured by the 1945 Constitution of the Republic of Indonesia, namely in Chapter XA on Human Rights, which was established through constitutional revisions.
Article 28H, paragraph .
, asserts that every individual is entitled to equal opportunities and advantages, together with facilities and preferential treatment, to attain justice and equality.
The Constitutional Court's interpretation of this article in decisions 10-17-23/PUU-VII/2009 and 16/PUU-Vi/2010 underscores the State's duty to enact affirmative action for marginalized groups, including individuals with disabilities, to address structural and socio-cultural discrimination.
In compliance with this constitutional directive.
Law No.
8 of 2016 concerning Persons with DisabilitiesAisuperseding Law No.
4 of 1997Aiwas established to govern the rights of individuals with disabilities, specifically regarding access to employment, education, and public services.
Additionally.
Government Regulation No.
70 of 2019 and Ministerial Regulation No.
21 of 2020 offer technical directives for planning and workplace accessibility.
Nonetheless, the legal system continues to be disjointed in its execution.
Notwithstanding the statutory framework, individuals with disabilities continue to encounter substantial obstacles to employment, including societal stigma, insufficient inclusive job training, inaccessible workplaces, and inadequate enforcement of employment quotas.
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Chami Yassine The unemployment rate for those with disabilities is significantly elevated, even in industrialized nations, fluctuating between 50% and 70%, and escalating to 8090% in developing countries (UN Enable, 2.
These statistics highlight both the systemic barriers and the pressing necessity for customized employment frameworks.
In Indonesia, numerous individuals with disabilities continue to be excluded due to restricted access to formal education, vocational training, and self-improvement opportunities.
Corporate entities and State-Owned Enterprises (SOE.
frequently regard individuals with disabilities as unable to sustain work productivity or reliability, especially when they exhibit low self-confidence or insufficient social adaptation in collaborative work settings.
The Republic of Indonesia is a nation governed by the rule of law.
The implementation of the Indonesian legal concept is founded on general rule of law features, one of which is the safeguarding of human rights.
The achievement of the rule of law, as envisioned in the 1945 Constitution, will occur only if the whole governmental process is really founded on the provisions outlined in the constitution (Siallagan, 2.
The rule of law is a key component of the contemporary state.
regulate human rights that the Indonesian government must uphold as a lawful state.
Equality and non-discrimination underpin disability legal protection mechanisms.
Chapter XA addresses human rights in the 1945 NRI Constitution Post-Amendment.
Citizens' constitutional rights, including those of those with disabilities, are safeguarded by the provisions of this Chapter.
Chapter XA contains 26 provisions, one of which addresses special protections for people with disabilities.
This is Article 28H paragraph .
, which states that everyone has the right to equal opportunities and benefits, as well as facilities and special treatment, in order to achieve justice and equality (Priamsari, 2.
The stipulations of the Article are extensive.
Thanks to the inclusion of "everyone," the group is no longer limited.
Determinations 10-17-23/PUU-VII/2009, 143/PUU-VII/2009, and 16/PUUVi/2010 from the Constitutional Court, however, provide an interpretation of this.
In each of the three rulings, the court ruled:
"The constitutional right in article 28H paragraph .
of the 1945 Constitution is a constitutional guarantee for those who experience marginalization, underdevelopment, exclusion, limitation, distinction, the gap in participation in politics and public life stemming from structural and socio-cultural inequalities of society continuously .
, both formal and informal, in the public and private spheres or known as affirmative action.
The 1945 Constitution guarantees disabled people affirmative action, convenience, and special treatment.
It supports a unitary, republican, democratic, and welfare state for all Indonesians, including disabled people.
Law No.
8 of 2016, superseding Law No.
4 of 1999, protects these rights and ensures social equality.
However, handicapped people have fewer job options than the general population, emphasising the need for work (Rozali.
Abdullah.
Ishak.
Azmi, & Akhmar.
People with impairments confront several workplace challenges.
People with disabilities face several obstacles at work and outside of it, including behaviour and prejudice, education, and training (UN ESCAP, 2.
As a result, disabled persons face significant barriers while looking for employment opportunities on a global scale.
The unemployment rate for individuals with disabilities who are of working age ranges from 50% to 70% in developed nations, and from 80% to 90% in underdeveloped nations, according to the United Nations Enable (Larson & Others.
Disability-related unemployment and social exclusion make work essential for many disabled persons.
Employment reduces poverty and keeps disabled persons healthy (Vornholt et , 2.
More than health, behavioural and personality characteristics affect disabled people's employment performance (Lavasani.
Wahat, & Ortega, 2.
Despite working in a team, people with disabilities may be uncomfortable interacting with others.
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Chami Yassine disabled persons who lack confidence in sustaining and enhancing job quality and consistency.
Thus, the Company will reconsider employing and extending contracts for disabled people.
Additionally, community judgment impacts persons with impairments, and they seldom develop themselves.
Most are homebound, illiterate, and unskilled (Masarira, 2.
Fulfilling disabled people's SOE employment rights is likewise difficult.
The right to labor is a human right.
A decent existence cannot be achieved without the protection and actualization of fundamental rights.
The government should be the one to make that right a reality (Irawan, 2.
Job protection ensures the smooth operation of labour relations without strong parties pressuring weak parties (Khakim, 2.
Zaeni Asyhadie suggests offering guiding compensation or raising business regulations for human rights, physical safety, and socioeconomic protection to safeguard labour (Adyhadie, 2.
The unemployment rate among persons with disabilities remains alarmingly high, even in developed countries, ranging between 50% and 70%, and rising to 8090% in developing nations (UN Enable, 2.
These figures underline not only the structural obstacles but also the urgent need for tailored employment models.
In Indonesia, many people with disabilities remain marginalized due to limited access to formal education, job training, and self-development Corporate actors and State-Owned Enterprises (SOE.
often perceive persons with disabilities as incapable of maintaining work productivity or consistency, particularly when they lack self-confidence or social adaptability in team-based work environments (Lavasani et al.
To tackle these systemic issues.
Indonesia ought to contemplate adopting established inclusive employment tactics, akin to those executed in Australia.
The following are included:
Supported employment models that offer job coaching and sustained on-the-job assistance for employees with disabilities.
Wage subsidy schemes wherein the government subsidizes a fraction of the employeeAos salary to incentivize employer involvement.
Reasonable accommodation frameworks that legally require employers to adapt the workplace to meet the needs of employees with disabilities.
These programs are integral to AustraliaAos Disability Employment Services (DES) and JobAccess platform, which effectively facilitate the integration of individuals with disabilities into the workforce.
In Indonesia, the adaptation of such models should be contextualized through:
Public-private partnerships that incentivize employers via tax reliefs or CSR Classification-based vocational training that aligns skill development programs with specific disabilities and industry requirements.
And statutory mandates for reasonable accommodation are integrated into employment law with explicit enforcement mechanisms.
In conclusion, although Indonesia's legislative and constitutional framework nominally affirms the right to work for individuals with disabilities, effective execution is obstructed by societal stigma, institutional inertia, and policy fragmentation.
An organizational plan that incorporates global best practices while being attuned to local conditions can significantly contribute to fulfilling the constitutional guarantee of equality and justice for all.
Local Companies and Organizations' Disability Quality Improvement Strategies The government displays affirmative policies by requiring enterprises to hire disabled Affirmative policy encourages organisations to hire persons with disabilities and provides equal opportunity to them.
Indonesia's Minister of Manpower published Ministerial Decree 326 of 2019 on Guidelines for Awards to Companies that Employ Disabled Workers.
The government demands that corporations prioritise disabled workers via this policy.
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Chami Yassine Indonesian Work Disability (PT.
DKI) is Indonesia's first disabled manpower head-hunter and employee management organisation.
We only handle disabled workers.
The founder of PT.
DKI
is a Person with Physical Disabilities (Tunadaks.
who has been involved in disability employment strategies in Indonesia and abroad since 2014, providing the best solutions to the potential and management of employing people with disabilities in various businesses (Disabilitas Kerja Indonesia, 2.
Government and community efforts aimed at enhancing and empowering persons with disabilities may include their employment (Disabilitas Kerja Indonesia, 2.
PT DKI exemplifies the implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD) law, ratified by the Indonesian government by Law No.
8 of 2016, mandating firms to employ a minimum of 1% of individuals with disabilities.
Indonesia's disability protection strategy includes PT.
DKI and the National Commission on Disability (KND).
KND monitors, evaluates, and promotes disability rights, respect, protection, and KND has functionalities, including (Kementerian Sekretariat Negara, 2.
Formulation of KND activity plans to facilitate the Respect.
Protection, and Fulfillment of the Rights of Persons with Disabilities.
oversight and assessment of the execution of Respect.
Protection, and Fulfillment of the Rights of Persons with Disabilities.
Preparation of KND activity plans in an effort to implement Respect.
Protection, and Fulfillment of the Rights of Persons with Disabilities.
monitoring and evaluation of the implementation of Respect.
Protection and Fulfillment of the rights of Persons with Disabilities.
advocacy for the implementation of Respect.
Protection and Fulfillment of the Rights of Persons with Disabilities.
Implement cooperation with relevant stakeholders in handling persons with disabilities.
KND helps disabled individuals get their rights under Law No.
19 of 2011 and Law No.
8 of Reintegrating government rules with local enterprises and organisations is clearly seen in the following Table 3.
Tablel 3: Disability Regulations in Various Sectors Government/Regional Government Article 45 Ensure that the procedures of recruiting, acceptance, job employment sustainability, and individuals with disabilities are executed equitably and without Article 46 Facilitate the inclusion of Persons with Disabilities in employability skills training within Government.
Local Governments, and/or commercial vocational training It must be inclusive and ISSN 2715-9698 .
Law of the Republic of Indonesia Number 8 of 2016 on Persons with Disabilities Article 11 The rights of Persons with Disabilities to engage in employment, entrepreneurship, and cooperative participation .
secure local governmental, or private entities without .
receive remuneration to that of non-disabled employees performing similar duties and Private/Company Article 47 recruitment of individuals with .
lacement, support, specific instruments and testing methods suitable for the disability, adaptability in the testing proces.
Article 48 Placement .
rientation or adaptation, flexible workplace, break periods, adaptable work schedules, support in job permissions or leave for iC 247 Khazanah Hukum.
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Chami Yassine Government/Regional Government Article 50 Disseminate the provision of and facilities that are readily accessible to employees with administrative punishments.
Article 53 The Government.
Local Governments.
State-Owned Enterprises, and Local-Owned Enterprises are mandated to employ a minimum of 2% .
wo percen.
of Persons with Disabilities from their entire Article 54 Provide commercial enterprises that Law of the Republic of Indonesia Number 8 of 2016 on Persons with Disabilities .
access accommodations in the .
participation in returnto-work programs.
attain fair, equitable, .
opportunities and all associated normative rights.
the ability to promote enterprises, engage in self-employment, develop cooperatives, and initiate their own Private/Company Article 49 Compensation for workers with disabilities should equal that of non-disabled performing same tasks and Article 50 Appropriate accommodations amenities, grievance procedure Article 53 Private enterprises are required to employ a minimum of 1% .
ne percen.
of individuals with disabilities from their overall workforce.
Disabled Workforce Additionally, there exists a Regulation from the State Minister of National Development Planning/Head of the National Development Planning Agency.
Number 3 of 2021, regarding the execution of Government Regulation Number 70 of 2019, which pertains to the planning, implementation, and evaluation of the respect, protection, and fulfillment of the rights of persons with disabilities, as illustrated in the subsequent figure:
Figure 1 Fulfillment of Disability Inclusive Economy 248 iC ISSN 2715-9698 .
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Chami Yassine People with disabilities in Indonesia have earned their right to work in several government agencies and companies, including workers with disabilities in the Gresik district manpower office (Akasah, 2.
Second, workers with disabilities at PT.
Alfa Retailindo (Carrefou.
Maguwoharjo.
Sleman (PT Golden Retailindo Tbk, 2.
Third, workers with disabilities in the Karawang district (Maulana, 2.
Fourth, workers with disabilities at PT Telekomunikasi Indonesia (Perser.
Tbk and PT Bank Mandiri (Perser.
Tbk (Nisaputra, 2.
Fifth, disabled workers are at CCEP (CocaCola Europacific Partners Indonesi.
(CocaCola EuroPasific Partners, 2.
Coca-Cola is one of the corporations that effectively employs impaired persons, according to many government authorities and companies.
The National Contact Centre and CCEP work together to give the best customer service.
National, regional, and global contact centre groups have recognised NCC Indonesia as one of the finest in Asia Pacific and the globe.
The first CCEP Indonesia section to hire disabled individuals was NCC (Rachmawati.
Maris.
Al Haq, & Putra, 2.
CCEP
desires a culture where everyone, regardless of background or experience, is accepted and valued and can help it flourish.
Performance, competitiveness, and business growth improve.
CCEP
Indonesia encourages diversity and inclusion in line with 'This is ahead'.
Disability employment and CCEP Indonesia's Gender Equality Commitment encourage workplace gender nondiscrimination.
One method CCEP Companies exploit impairments is (Rachmawati et al.
, 2.
Figure 2 Disabled Workers Regulations in CCEP CCEP created jobs for disabled individuals in 2021 via community and infrastructure development activities.
Call centres place these people in the rear for marketing and data verification flexibility.
Companies are empowering disabled individuals by following Australian rules, comprehending HR's legal knowledge, and creating inclusive and protective policies.
Employers might categorise disabled workers by kind to ensure access and productivity.
The article also claims that some Indonesian firms are offering inclusive employment to disabled workers.
Indonesian enterprises use these stages and strategies:
First, training and awareness raising.
This allows persons with disabilities to teach employees on workplace inclusion and boost the company's diverse culture.
Policy.
Can create and execute inclusive policies to attract and retain disabled personnel and incorporate anti-discrimination clauses.
Partner with disability inclusion institutions and community organisations for guidance, assistance, and collaboration programs to recruit and train workers with disabilities.
Facility Adjustment.
By making workplace facilities and infrastructure accessible to people with impairments and offering disability-friendly amenities like accessible bathrooms and lifts.
Inclusion in Recruitment.
This is done by openly providing career possibilities for disabled people and engaging competent organisations and human resources in hiring them.
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By offering personal assistance or mentors to help disabled workers adjust to the workplace and create a support network.
Evaluation and Monitoring.
To enhance workplace rules and practices, regularly assess inclusivity initiatives and solicit disability employee input.
Participation in Government Programs.
By using government regulations that encourage firms to recruit disabled workers and engaging in government programs and incentives.
Promoting Employee Engagement with Disabilities: Encouraging disabled workers to participate in social and cultural events and highlighting their achievement as a good Indonesian firms may encourage diversity, inclusion, and equal opportunity.
Increasing work placement, socialising labour rules, and enhancing labour relations are ways to hire disabled Businesses become more diverse and their image improves.
Law Number 8 of 2016 allows the government and private sector to develop disability assistance services.
Indonesia may study Australia's disability laws.
This includes:
Engagement and Development: Australia has prioritized community participation in the policy-making process for individuals with disabilities.
Indonesia may learn from engaging community groups, particularly local organizations dedicated to individuals with disabilities, to inform the creation and evaluation of disability policy.
Australia has pledged to ensure the active participation of those with disabilities in communal life, including education, employment, and social activities.
Indonesia may derive analogous insights to govern disability policy across diverse sectors.
Accessibility: Australia possesses commendable standards for the convenience of those with disabilities, both in physical environments and in digital formats.
Indonesia can enhance accessibility in workplaces, public areas, transportation, and infrastructure for those with disabilities.
Upbringing and training: Australia has established policies that facilitate schooling for those with impairments.
Consequently.
Indonesia must likewise adopt similar measures to provide education tailored for individuals with disabilities, facilitating the integration of their achievements and interests in learning.
Furthermore.
Australia offers skills and job training programs specifically designed for those with impairments.
If applied in Indonesia via current legislation, this will provide useful insights for enhancing the economic involvement of those with disabilities.
Legal Protection: Australia has pledged to provide suitably regulated legal safeguards.
Indonesia may replicate this by enhancing current legislation that safeguard against discrimination against those with disabilities in the society, legal framework, and job Awareness: Australia has actively engaged in public awareness initiatives to alter views of those with disabilities.
If Indonesia embraces the principles of this awareness, those with disabilities in the country would indirectly enjoy an improvement in their quality of life.
Furthermore, the recognition of individuals with impairments to learn and thrive necessitates governmental understanding to establish legislation that effectively addresses different sorts of disabilities.
Media: Australia has engaged the media to support positive and inclusive representation of people with disabilities, which can be a lesson for Indonesia in building a better understanding in society.
International Cooperation: The Australia-Indonesia conference forum is expected to accommodate the emergence of new ideas and innovations packaged in a joint commitment between the two.
From these lessons.
Indonesia can learn a lot about Australia's efforts to improve accessibility, rights, and social services for people with disabilities.
Both the cultural, legal, and social contexts of 250 iC ISSN 2715-9698 .
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Chami Yassine each country are different, and adaptation needs to be made so that the policies adopted are in accordance with the needs and accommodate people with disabilities.
CONCLUSION
Indonesia has made significant progress in acknowledging and addressing the challenges encountered by those with disabilities, implementing frameworks similar to Australia's Disability Discrimination Act (DDA) and Disability Employment Services (DES).
This encompasses enhanced rules and policies, with legal enforcement, to safeguard the rights of those with disabilities in social, political, health, and economic domains.
To enhance the quality of life for individuals with disabilities, governments and corporations can undertake strategic measures, including augmenting training and awareness, instituting inclusive policies, fostering partnerships, modifying facilities, executing inclusive recruitment, and engaging persons with disabilities in evaluation and monitoring processes.
Companies must provide appropriate employment conditions and safeguard individuals with disabilities from discrimination, in compliance with Law No.
8 of 2016.
Future recommendations include the adoption of Australian disability rules, enhancement of educational accessibility, establishment of employment recruiting strategies, and promotion of active involvement by disability groups.
REFERENCES