Legal protection of right of education for persons with disability in Indonesia and islamic law. Legal Protection of Education Right for Person with Disability in Indonesia Compared to Islamic View

DOI

10.2991/icddims-17.2018.26How to use a DOI?

Keywords

Legal Protection, Right of Education, Persons with Disability, Indonesia and Islamic Law

Abstract

Man is a creature of God Almighty who has the same position on the Earth. The Republic of Indonesia is a State of law based on Pancasila and the Constitution of the Republic of Indonesia Year 1945 which respects and upholds the human dignity so that the protection and promotion of human rights against vulnerable group especially persons with disability needs to be improved. It is can be seen in article 5 paragraph (1), article 11, article 20, and Article 28 I paragraph (2) of the Constitution of the Republic of Indonesia Year 1945. The problem in this research is, first, what is form of protection in an attempt to fulfill the right of education for persons with disability under the law in Indonesia? Second, how does the protection of the rights of education for persons with is ability according to Islam?.This research is the normative legal research (dogmatic), which is intended to find and formulate a legal argument through analysis of the problems examined. The approaches used in this study are statue approach and comparative approach to compare between the protection of the rights of education for persons with disability according to law in Indonesia and Islam. This research concluded that Indonesia basically has been paying attention to the rights of education for persons with disability through a variety of laws even though in practice the Government and educational institutions still impressed discriminatory against the rights of education for persons with disability. Based on information that writer got in the reception of students in universities through the SBMPTN year 2017 recently there were 38 participants from person with disability was accepted to study at the College of the total registrants applicants from person with disability as much as 226 participants. 1 An also based on socio-economic Survey (Susenas) year 2012, released data on persons with disability Indonesia is on the numbers 6,640,000 and less than 5 percent can only graduate elementary school (SD). 2 Second, if compared with the rights granted by Islam against persons with disability, Islam has given it concern for educational rights for persons with disability. It is seen from the verses of the Qur'an, the Hadith, and the examples of Prophet Muhammad's attitude as well as which do not differentiate rights education based on the physical condition of people.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Uswatul Fikriyah
PY  - 2017/11
DA  - 2017/11
TI  - Legal protection of right of education for persons with disability in Indonesia and islamic law. Legal Protection of Education Right for Person with Disability in Indonesia Compared to Islamic View
BT  - Proceedings of the International Conference on Diversity and Disability Inclusion in Muslim Societies (ICDDIMS 2017)
PB  - Atlantis Press
SP  - 124
EP  - 132
SN  - 2352-5398
UR  - https://doi.org/10.2991/icddims-17.2018.26
DO  - 10.2991/icddims-17.2018.26
ID  - Fikriyah2017/11
ER  -