Reframing Disability Education Rights: A Normative Inquiry into Article 10 (a) of Indonesia’s Law No. 8/2016

Abstract

Purpose: This study aims to examine the legal protection of the equal educational rights of persons with disabilities in Indonesia, with a specific focus on Article 10(a) of Law Number 8 of 2016 concerning Persons with Disabilities, which guarantees the right to quality education at all units, pathways, and levels through inclusive and special education.

Method: This study employs a normative legal approach using statutory analysis. The method involves examining laws and regulations, reviewing legal documents, and analyzing international legal principles, particularly the Convention on the Rights of Persons with Disabilities (CRPD), as a comparative and normative framework for the study.

Results: The findings revealed that although legal norms guaranteeing educational rights for persons with disabilities have been explicitly formulated, their practical implementation remains ineffective. Consequently, these provisions can be categorized as empty norms, where legal guarantees exist formally but fail to provide substantive legal protection in practice.

Conclusion: The study concludes that Article 10(a) of Law Number 8 of 2016 has not yet effectively functioned as a legal foundation for inclusive education in Indonesia. The gap between normative legal provisions and their implementation undermines the realization of equal educational rights for persons with disabilities.

Limitations: This research is limited by the absence of empirical data examining the actual implementation of inclusive education policies across different educational units and regions in Indonesia.

Contribution: This study contributes to the development of inclusive education law, disability studies, and public policy by critically analyzing core legal provisions on disability rights. Its novelty lies in focusing on a single pivotal article as the legal basis for inclusive education in Indonesia and linking it to the achievement of the 2030 Sustainable Development Goals (SDGs).