Local Government Policy in the Fulfillment and Protection of the Rights of Persons with Disabilities

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Muhammad Lukman Hakim, Indah Dwi Qurbani

2025 Human Rights in the Global South Vol. 4 Issue 2 Article Cited by 0 Quartile

Abstract

This study examines the role of local governments in the fulfilment and protection of the rights of persons with disabilities in Indonesia, focusing on Malang City as a case study. Although Indonesia has ratified the Convention on the Rights of Persons with Disabilities (CRPD) and enacted Law No. 8 of 2016 on Persons with Disabilities, substantial gaps remain between normative legal commitments and their practical implementation at the local level. Existing scholarship has primarily emphasised community-based advocacy or national regulatory frameworks. At the same time, the role of local government policies and institutional arrangements in shaping the actual enjoyment of disability rights has received limited attention. This study addresses this gap by analysing local disability governance from legal and human rights perspectives. The research aims to assess how local government policies, programs, and regulatory instruments in Malang City contribute to or hinder the fulfilment and protection of the rights of persons with disabilities. Using a qualitative descriptive approach and a case study design, the study draws on document analysis, policy review, and secondary data on laws and regulation, development planning, and public service delivery. The findings indicate that while Malang City has demonstrated formal commitment through local regulations, thematic participatory mechanisms, and inclusive initiatives, disability governance remains fragmented and inconsistent in practice. Key challenges include outdated local regulations, weak implementing guidelines, limited inter-agency coordination, budgetary constraints, and the continued dominance of charity-based approaches that undermine a rights-based framework. These institutional and structural barriers restrict accessibility, inclusive employment, and meaningful participation. The study concludes that effective fulfilment of disability rights at the local level requires integrated and accountable governance, including regulatory harmonisation, strengthened coordination mechanisms, and the institutionalisation of a human rights-based approach. © The Author(s), 2025.

Affiliations

University of Brawijaya, Indonesia