FULFILLMENT OF THE POLITICAL RIGHTS OF PERSONS WITH DISABILITIES FROM A CONSTITUTIONAL SCIENCE PERSPECTIVE: A CONSTITUTIONAL ANALYSIS OF SOCIAL, CULTURAL, AND POLITICAL DISCRIMINATION IN INDONESIA

Abstract

This research examines the fulfillment of political rights for persons with disabilities from the
perspective of constitutional law, focusing on constitutional analysis of social, cultural, and
political discrimination experienced by this group in Indonesia. Despite the 1945 Constitution of
the Republic of Indonesia guaranteeing universal political rights to all citizens without exception,
including persons with disabilities, the reality on the ground shows various forms of denial of the
principle of equality before the law and government. Conceptually, the state has a constitutional
obligation to protect, respect, and fulfill these rights, especially within the framework of a

democratic state that upholds human rights. This research uses a normative-juridical and socio-
constitutional approach with descriptive qualitative methods based on document studies, case

analysis, and participatory observation of election implementation and political accessibility in
various regions. The main findings show that the implementation of political rights for persons
with disabilities still faces systemic barriers, such as inaccessible polling stations, inaccessible
political information (especially for the blind, deaf, and intellectually disabled), and low
involvement of political parties in promoting disability candidates. This is exacerbated by cultural
stigma that views persons with disabilities as incapable, unworthy, and unimportant in public
decision-making. This discrimination is not only social but also institutionalized in the political
process. From the perspective of constitutional law, this condition reflects the state's failure to
implement the principle of inclusive constitutionalism. Therefore, the state must fulfill positive
obligations through affirmative policies, legal reform, and strengthening independent human
rights institutions. This research highlights the importance of integrating disability rights into the
structure of constitutional law norms, including through judicial review and the formation of new
norms based on the Convention on the Rights of Persons with Disabilities (CRPD). Furthermore,
this research proposes the establishment of an independent Regional Disability Commission with
a mandate to oversee the implementation of political rights for persons with disabilities.
Collaboration between disability organizations, academics, and the government is key to
achieving structural reform in the national political system. The fulfillment of political rights for
persons with disabilities must be a primary parameter of the Indonesian state's success in
eliminating discrimination and ensuring social justice for all citizens.