Abstract
<p>Religious rights of the Indonesian people have been regulated in the 1945 Constitution, Law No. 39 of 1999 concerning Human Rights. The Fulfillment of the Religious Rights of Persons with Disabilities (PD) has been regulated in article 14 of Law No. 8 of 2016 concerning Person with Disability. Protection and fulfillment of the rights of persons with disabilities is regulated in the Bali Regulation No. 9 of 2015 (Perda 9/2015).This study uses descriptive qualitative methods with a socio-normative approach related to the implementation of Perda 9/2015, identifying the challenges and opportunities of PD in Bali in obtaining their religious and customary rights. Identification is important to encourage the social inclusion and harmonization in life. Informants were selected by using purposive sampling involving disability organizations: Pertuni, Kube Darma Bakti, RwaBineda, Gerkatin, Bali Deaf Community, YBSH Foundation and Puspadi Bali. Data collection methods were observation, interview and literature study.The existence of Persons with Disability (PD) is the largest minority in the world and part of the diversity of Indonesian social and cultural structures. PD often experiences social exclusion, including in carrying out religious practices and beliefs. This discourse is often over looked because the stereotype of PD is identical with the socio-economic problems handled by the social service. Some obstacles in fulfilling the religious and belief rights of persons with disabilities: places of worship are not accessible, scarcity of religious teaching materials and lack of service facilities for PD, especially in various religious celebrations.</p>
Highlights
Religious rights in Indonesia are regulated in a number of laws and regulations
Article 28E paragraph (1) of the 1945 Constitution states "Everyone is free to embrace religion and worship according to his religion, choose education and teaching, choose a job, choose citizenship, choose a place to live in the territory of the country and leave it, and have the right to return."
Explanation of the Decree of the President of the Republic of Indonesia No 1 / PNPS / 1965 article 1 states that the religions embraced by the population in Indonesia are Islam, Christianity, Catholicism, Hinduism, Buddhism and Confucianism (Kon Hu Cu)
Summary
Religious rights in Indonesia are regulated in a number of laws and regulations. In the 1945 Constitution, article 29 concerning Religious Freedom which reads (1) the State is based on the belief in the One God; (2) The state guarantees the independence of each citizen to embrace their respective religions and to worship according to their religion and belief. Explanation of the Decree of the President of the Republic of Indonesia No 1 / PNPS / 1965 article 1 states that the religions embraced by the population in Indonesia are Islam, Christianity, Catholicism, Hinduism, Buddhism and Confucianism (Kon Hu Cu). A number of facts show that there have been restrictions and violations of human rights for religion in various manifestations of conflict and violence such as: intolerance, discrimination, persecution in Indonesia. Human rights violations mean the loss of responsibility for protection, respect and fulfillment of the right to freedom of religion and belief means that there has been a loss of common sense, conscience, and awareness both intentionally (by commission) and or due to negligence (by ommission) (Safi'ie, 2011). This study focuses on opportunities and challenges for persons with disabilities to achieve fulfillment of their religious rights. the issue of fulfilling religious and customary rights for persons with disabilities in Bali is relevant to be studied and discussed to achieve a common goal of creating a society that lives in harmony in diversity
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