Right to Information for Hearing Impaired People
Hak Asasi Manusia

Right to Information for Hearing Impaired People

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Question

If the TV does not facilitate deaf people's right to�sign language, can this be considered a violation of the disabled's right to obtain information? Or if not providing a seat on public transportation, can this be said to ignore their rights, while deaf people are not visibly disabled?

Key Answer

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People with hearing disabilities according to Law 8/2016 are categorized as people with sensory disabilities. It is true that people with hearing disabilities have the right to obtain information, including information from television. However, no regulations explicitly require the use of sign language in a television program.

So, what about the rights of people with hearing disabilities in public transportation?

Please read the review below for a further explanation.

Full Review

This article is an English translation of Hak atas Informasi Bagi Teman Tuli, written by Renata Christha Auli, S.H., and published on Wednesday, 31 May 2023.

This article below is the second update of the article with the same title, which is written by Charles Simabura, S.H., M.H. from Pusat Studi Konstitusi (PUSaKO) FH Universitas Andalas, published on Monday, 15 April 2019, and first updated by Erizka Permatasari, S.H. on 21 January 2019.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Definition of People with Disabilities

Before answering your question, it is important to note that a person with a disability is any person who experiences physical, intellectual, mental, and/or sensory limitations for a long period of time who in interacting with the environment may experience obstacles and difficulties to participate fully and effectively with other citizens based on equal rights,[1] which consists of:[2]

  1. Persons with physical disabilities;
  2. Persons with intellectual disabilities;
  3. Persons with mental disabilities; and/or
  4. Persons with sensory disabilities.

What is meant by 'persons with sensory disabilities' is the disruption of one of the functions of the five senses, including visual disabilities, hearing disabilities, and/or speech disabilities.[3]

Nur Kholis Reefani in her book Panduan Anak Berkebutuhan Khusus explains that physical disabilities consist of several types of disorders that affect a person's physical abilities, one of which is hearing impairment (in Bahasa Indonesia is known as tuna rungu). Hearing disorders or hearing impaired are people with obstacles in hearing either permanently or non-permanently. Because they have obstacles in hearing, deaf people have obstacles in speaking (p. 17).

Before discussing more about people with hearing disabilities, please note that in everyday life, people use the terms deaf and hard of hearing to refer to people with hearing disabilities. However, in answering your question we will use the term 'hearing disability' in accordance with Law 8/2016.

Right to Information for People with Hearing Disability

In general, the human rights of persons with disabilities are the rights to:[4]

  1. to live;
  2. freedom from stigma;
  3. privacy;
  4. justice and legal protection;
  5. education;
  6. employment, entrepreneurship, and cooperatives;
  7. health;
  8. politics;
  9. religion;
  10. sports;
  11. culture and tourism;
  12. social welfare;
  13. accessibility;
  14. public services;
  15. protection from disasters;
  16. habilitation and rehabilitation;
  17. concession;
  18. data collection;
  19. living independently and being involved in society;
  20. expression, communication, and obtaining information;
  21. changing places and citizenship; and
  22. freedom from discrimination, neglect, abuse, and exploitation.

Furthermore, Article 24 Law 8/2016 stipulates that the rights to expression, communication, and obtaining information for people with disabilities include the rights to:

  1. have freedom of expression and opinion;
  2. obtain information and communicate through easily accessible media; and
  3. use and obtain information and communication facilities in the form of sign language, braille, and augmentative communication in official interactions.

Then, basically, everyone is prohibited from obstructing and/or prohibiting persons with disabilities from obtaining the rights to expression, communication, and obtaining information as stipulated in Article 143 letter o Law 8/2016. So, what are the sanctions for people who obstruct and/or prohibit persons with disabilities from obtaining these rights?

Based on Article 145 Law 8/2016, people who obstruct and/or prohibit persons with disabilities from obtaining their rights to expression, communication, and information can be charged with a maximum imprisonment of 2 (two) years and a maximum fine of IDR 200 million.

The Right of People with Hearing Disability to Information in Sign Language

In order to realize equal opportunities for people with disabilities in everyday life, the government provides facilities for people with disabilities to access known as accessibility, which is one of the rights of people with disabilities according to Article 5 section (1) letter m Law 8/2016.

Regarding your question, in Indonesia, there are 2 (two) categories of sign language development, namely Sistem Isyarat Bahasa Indonesia ("SIBI") or Indonesian Sign Language System, and Bahasa Isyarat Indonesia ("BISINDO") or Indonesian Sign Language.[5] SIBI is a communication medium for people with hearing disabilities that combines spoken language, signs, mimics, and other movements. SIBI is used as a sign language established by the Indonesian government to be used in Special Schools or Sekolah Luar Biasa ("SLB").[6] Meanwhile, BISINDO is developed by people with hearing disabilities themselves[7] according to their understanding of the surrounding environment.[8]

Furthermore, to answer your question about sign language facilities for people with hearing disabilities, according to our research, Law 32/2002 does not explicitly regulate the mandatory use of sign language in a television program. Law 32/2002 also does not regulate sanctions against television stations that do not facilitate sign language. However, Article 39 section (3) Law 32/2002 stipulates that sign language can be used in certain programs for deaf audiences, which means that sign language only applies to television broadcasting services.[9]

The Right of People with Disabilities to Seats on Public Transportations

In accordance with Article 5 section (1) letter n Law 8/2016, people with disabilities also have the right to access public services. In our opinion, the state guarantees this right by requiring relevant parties to provide accessibility on public transportation such as buses and other public transportation.

This is also stipulated in Article 242 section (1) Law 22/2009, namely the Government, Regional Governments, and/ or Public Transportation Companies must provide special treatment in the field of traffic and land transportation to persons with disabilities, elderly people, children, pregnant women, and sick people, in the form of:[10]

  1. accessibility
  2. service priority; and
  3. service facilities.

Public transport companies that do not fulfill these obligations may be subject to administrative sanctions in the form of written warnings, administrative fines, license suspension, and/or license revocation.[11]

Furthermore, Article 97 Government Regulation 74/2014 also stipulates that public transport companies operating certain motor vehicles are obliged to provide special treatment to people with disabilities, elderly people, children, pregnant women, and sick people. The special treatment includes:[12]

  1. provision of accessibility facilities that provide ease of boarding and alighting in the form of at least assistive devices to get on and off the vehicle;
  2. giving priority service when boarding and alighting by prioritizing persons with disabilities, elderly people, children, pregnant women, and the sick; and/or
  3. providing special service facilities by providing priority seating.

Based on this regulation, however, there is no regulation stating that priority seating is intended for people with hearing disabilities. Thus, in our opinion, priority seating is more intended for people with physical disabilities, especially mobility disabilities that reduce a person's ability to move.

Also read: Disabled People Demand the Right to a Proper Sidewalk

For information, you can read more about the provision of accessibility in public transportation services for service users with special needs in Minister of Transportation Regulation PM 98/2017.

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

  1. Law Number 32 of 2002 on Broadcasting;
  2. Law Number 22 of 2009 on Traffic and Land Transportation;
  3. Law Number 8 of 2016 on Disabled People;
  4. Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation which has been passed into law under Law Number 6 of 2023;
  5. Regulation of the Government Number 74 of 2014 on Land Transportation as amended by Regulation of the Government Number 31 of 2021 on the Organization of Traffic and Land Transportation Sector;
  6. Regulation of the Ministry of Transportation Number PM 98 of 2017 on the Provision of Accessibility to Public Transportation for Consumers with Special Needs.

Reference:

  1. Aninditya Sri Nugraheni (et.al). Optimalisasi Penggunaan Bahasa Isyarat Dengan SIBI dan BISINDO pada Mahasiswa Difabel Tunarungu di Prodi PGMI UIN Sunan Kalijaga. Holistika: Jurnal Ilmiah PGSD, Vol. 5, No. 1, 2021;
  2. Nisria (et.al). Implementasi BISINDO dalam Berkomunikasi pada Sesama Anak Tunarungu. Pinisi Journal of Education, 2022.

[1] Article 1 number 1 Law Number 8 of 2016 on Disabled People (“Law 8/2016”).

[2] Article 4 section (1) Law 8/2016.

[3] Elucidation to Article 4 section (1) letter d Law 8/2016.

[4] Article 5 section (1) Law 8/2016.

[5] Aninditya Sri Nugraheni (et.al). Optimalisasi Penggunaan Bahasa Isyarat Dengan SIBI dan BISINDO pada Mahasiswa Difabel Tunarungu di Prodi PGMI UIN Sunan Kalijaga. Holistika: Jurnal Ilmiah PGSD, Vol. 5, No. 1, 2021, p. 29.

[6] Aninditya Sri Nugraheni (et.al). Optimalisasi Penggunaan Bahasa Isyarat Dengan SIBI dan BISINDO pada Mahasiswa Difabel Tunarungu di Prodi PGMI UIN Sunan Kalijaga. Holistika: Jurnal Ilmiah PGSD, Vol. 5, No. 1, 2021, p. 30.

[7] Nisria (et.al). Implementasi BISINDO dalam Berkomunikasi pada Sesama Anak Tunarungu. Pinisi Journal of Education, 2022, p. 3.

[8] Aninditya Sri Nugraheni (et.al). Optimalisasi Penggunaan Bahasa Isyarat Dengan SIBI dan BISINDO pada Mahasiswa Difabel Tunarungu di Prodi PGMI UIN Sunan Kalijaga. Holistika: Jurnal Ilmiah PGSD, Vol. 5, No. 1, 2021, p. 30.

[9] Elucidation to Article 39 section (3) Law Number 32 of 2002 on Broadcasting.

[10] Article 242 section (2) Law Number 22 of 2009 on Traffic and Land Transportation (“Law 22/2009”).

[11] Article 244 section (1) Law 22/2009.

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