international conference on science, technology and

1
NO. 151 UDAYANA UNIVERSITY SENASTEK 2018 AT THE PATRA RESORT AND VILLAS KUTA - BALI 22 - 23 OCTOBER 2018 AFFIRMATIVE ACTION FOR IMPROVING EQUALITY FOR SUPPORTING DEAF PEOPLE WITH DISABILITIES IN FULFILLING THE RIGHT TO ENJOY TELEVISION PROGRAM Ni Made Ari Yuliartini Griadhi, Ayu Putu Laksmi Danyathi Affiliation Corresponding author: [email protected] Affirmative action is basically a discriminatory policy, even though it is considered to be a positive discrimination genre because it is only temporary to open up opportunities for certain groups of people to achieve the same opportunities as those enjoyed by other community groups. In this case it is an Affirmative Action for Increasing Equality for Deaf Disabilities in Meeting the Right to Enjoy Television Programs. The development of sign language for those with special needs, namely Persons with Disabilities is needed in the development and development of languages in Indonesia. This shortage certainly provides obstacles and makes it difficult for Persons with Disabilities one of them in enjoying news and entertainment on television broadcasts. Law Number 32 of 2002 concerning Broadcasting guarantees that the right to obtain information is an absolute right for every citizen regardless of group. However, the article in the Act does not explicitly require and there is no regulation of sanctions if it does not apply it well to the certainty of maximum fulfillment for people with disabilities in enjoying television broadcasts. Based on the explanation above, the following problems can be formulated: 1. Arrangement for Deaf Disabled Persons in obtaining information. 2. Urgency of protection and Affirmative Action related to certainty in fulfilling the right to enjoy television programs for deaf people with Disabilities. Intruduction The research method used in this study is normative legal research methods. This research is a type of normative legal research, namely library law research Research Methods In 1997, Law Number 4 of 1997 on Disabled Persons was promulgated. Article 5 states that every person with disabilities has the same rights and opportunities in all aspects of life and livelihood. In 2006 the Convention on the Rights of Persons with Disabilities was agreed. This Convention was agreed on December 13, 2006 by the United Nations General Assembly. Four years later Indonesia has ratified the convention through Law No. 19 of 2011 concerning the Ratification of the Convention on the Rights of Persons With Disabilities (Convention on the Rights of Persons with Disabilities). In 2016 the Law No. 8 of 2016 concerning Persons with Disabilities. The number 8 is also regulated regarding Accessibility, namely the facilities provided for Persons with Disabilities to realize the Equal Opportunity. In this study discussed were sensory disability sufferers who experienced hearing and speech limitations. From the above law it can be seen that the Law has guaranteed the rights of persons with disabilities to obtain information. There are 21 types of rights for persons with disabilities regulated in Law No. 8 of 2016 in the Twentieth Part of the Right to Expression, Communication, and Obtaining Information, namely in Article 24. From the above explanation it can be seen that the Law has provided guarantees to people with disabilities to get information and communicate through accessible media; and use and obtain information and communication facilities in the form of sign language, braille, and augmentative communication in official interactions, and require the Government and Regional Results and Discussion The law has guaranteed the rights of persons with disabilities to obtain information, especially in obtaining equal rights in enjoying television programs. So it is very urgent to provide arrangements that guarantee the fulfillment of the right to enjoy television programs for deaf people by determining an Affirmative Action that requires TV stations to include Sign Language in each broadcast. Conclusion In this opportunity delivered the utmost gratitude to the Chancellor of Udayana University, Prof. Dr. dr. AA Raka Sudewi, Sp. S (K), Chairperson of the Udayana University Research and Community Service Institute (LPPM) Prof. Dr. Ir. I Gede Rai Maya Temaja, MP., Dean of the Faculty of Law Unud Prof. Dr. I Made Arya Utama, SH., MH, and all parties who helped this research. Thank You Note Government to guarantee it. The Broadcasting Law in it has not explicitly regulated the obligation of television stations to provide access for deaf people with disabilities to enjoy all programs on television Of the several television broadcasts that have already used Sign Language can be seen only certain news broadcasts that provide access to deaf people with disabilities to get information. Whereas it can be seen that not only is the news broadcast needed by deaf disabled people to get information and entertainment. So it is very urgent to provide arrangements that guarantee the fulfillment of the right to enjoy television programs for deaf people by determining an Affirmative Action that requires TV stations to include Sign Language in each broadcast. Majda El Muhtaj, 2008, DimensiDimensi HAM Mengurai Hak Ekonomi, Sosial dan Budaya, RajaGrafindo Persada, Jakarta. Muhamad Erwin, Filsafat Hukum Refleksi Kritis Terhadap Hukum, PT. Raja Grafindo Persada, Jakarta. Muhammad Joni Yulianto, 2014, Hak-Hak Penyandang disabilitas dalam Buku Panduan Bantuan Hukum Indonesia : Pedoman Anda Memahami dan Menyelesaikan Masalah Hukum, Jakarta, Yayasan Obor Indonesia. Nadia Wasta Utami, Gelap dalam Gemerlap: Gelapnya Akses Informasi Bagi Difabel dalam Gemerlap Era Digitalisasi, Diterbitkan oleh Fakultas Sastra dan Budaya Universitas Ahmad Dahlan Yogyakarta, Vol. 3, No. 2, ISSN: 23389176 Oktober 2015. Sub Direktorat Penempatan Tenaga Kerja Khusus, 2011, Pedoman Penempatan Tenaga Kerja Penyandang Cacat Lanjut Usia dan Wanita, Kementerian Tenaga Kerja dan Transmigrasi Republik Indonesia, Jakarta. Stanley I. Benn,” Justice” dalam Paul Edwards, ed., dalam The Liang Gie.,1979, Teori-Teori keadilan, Penerbit Super, Yogyakarta. Supasti Dharmawan Ni Ketut, 2011, Hak Kekayaan Intelektual dan Harmonisasi Hukum Global Rekonstruksi Pemikiran Terhadap Perlindungan Program Komputer, Disertasi, Universitas Diponegoro Semarang, h.11-12.(Selanjutnya disebut Supasti Dharmawan Ni Ketut III), Lihat juga Abdul Manan, 2009, Aspek-Aspek Pengubah Hukum, Kencana Prenada Media. Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Undang-Undang Nomor 8 Tahun 2016 tentang Penyandang Disabilitas. UU No.32 Tahun 2002 tentang Penyiaran. UU Nomor 39 Tahun 1999 Tentang Hak Asasi Manusia. Bibliography INTERNATIONAL CONFERENCE ON SCIENCE, TECHNOLOGY AND HUMANITIES (IC o STH)

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Page 1: INTERNATIONAL CONFERENCE ON SCIENCE, TECHNOLOGY AND

NO. 151

U D A Y A N A U N I V E R S I T YSENASTEK 2018 AT THE PATRA RESORT AND VILLAS KUTA - BALI

22 - 23 OCTOBER 2018

AFFIRMATIVE ACTION FOR IMPROVING EQUALITY FOR SUPPORTING DEAF PEOPLE WITH DISABILITIES

IN FULFILLING THE RIGHT TO ENJOY TELEVISION PROGRAM

Ni Made Ari Yuliartini Griadhi, Ayu Putu Laksmi Danyathi

Affiliation Corresponding author: [email protected]

Affirmative action is basically a discriminatory policy, even though it is considered to be a positive discrimination genre because it is only temporary to open up opportunities for certain groups of people to achieve the same opportunities as those enjoyed by other community groups. In this case it is an Affirmative Action for Increasing Equality for Deaf Disabilities in Meeting the Right to Enjoy Television Programs. The development of sign language for those with special needs, namely Persons with Disabilities is needed in the development and development of languages in Indonesia. This shortage certainly provides obstacles and makes it difficult for Persons with Disabilities one of them in enjoying news and entertainment on television broadcasts.

Law Number 32 of 2002 concerning Broadcasting guarantees that the right to obtain information is an absolute right for every citizen regardless of group. However, the article in the Act does not explicitly require and there is no regulation of sanctions if it does not apply it well to the certainty of maximum fulfillment for people with disabilities in enjoying television broadcasts. Based on the explanation above, the following problems can be formulated:1. Arrangement for Deaf Disabled Persons in obtaining information.2. Urgency of protection and Affirmative Action related to certainty in fulfilling the

right to enjoy television programs for deaf people with Disabilities.

Intruduction

The research method used in this study is normative legal research methods. This research is a type of normative legal research, namely library law research

Research Methods

In 1997, Law Number 4 of 1997 on Disabled Persons was promulgated. Article 5 states that every person with disabilities has the same rights and opportunities in all aspects of life and livelihood. In 2006 the Convention on the Rights of Persons with Disabilities was agreed. This Convention was agreed on December 13, 2006 by the United Nations General Assembly. Four years later Indonesia has ratified the convention through Law No. 19 of 2011 concerning the Ratification of the Convention on the Rights of Persons With Disabilities (Convention on the Rights of Persons with Disabilities).

In 2016 the Law No. 8 of 2016 concerning Persons with Disabilities. The number 8 is also regulated regarding Accessibility, namely the facilities provided for Persons with Disabilities to realize the Equal Opportunity. In this s t u d y discussed were sensory disability s u f f e r e r s w h o experienced hearing and speech l i m i t a t i o n s . From the above law it can be seen that the Law has guaranteed the rights of p e r s o n s w i t h d i s a b i l i t i e s t o o b t a i n information. There are 21 types of rights for persons with disabilities regulated in Law No. 8 of 2016 in the Twentieth Part of the Right to Expression, Communication, and Obtaining Information, namely in Article 24. From the above explanation it can be seen that the Law has provided guarantees to people w i t h d i s a b i l i t i e s t o g e t information and communicate through accessible media; and use and obtain information and communication facilities in the form of sign language, braille, and augmentative communication in official interactions, and require the Government and Regional

Results and Discussion

The law has guaranteed the rights of persons with disabilities to obtain information, especially in obtaining equal rights in enjoying television programs. So it is very urgent to provide arrangements that guarantee the fulfillment of the right to enjoy television programs for deaf people by determining an Affirmative Action that requires TV stations to include Sign Language in each broadcast.

Conclusion

In this opportunity delivered the utmost gratitude to the Chancellor of Udayana University, Prof. Dr. dr. AA Raka Sudewi, Sp. S (K), Chairperson of the Udayana University Research and Community Service Institute (LPPM) Prof. Dr. Ir. I Gede Rai Maya Temaja, MP., Dean of the Faculty of Law Unud Prof. Dr. I Made Arya Utama, SH., MH, and all parties who helped this research.

Thank You Note

Government to guarantee it. The Broadcasting Law in it has not explicitly regulated the obligation of television stations to provide access for deaf people with disabilities to enjoy all programs on television

Of the several television broadcasts that have already used Sign Language can be seen only certain news broadcasts that provide access to deaf people with disabilities to get information. Whereas it can be seen that not only is the news broadcast needed by deaf disabled people to get information and entertainment. So it is very urgent to provide arrangements that guarantee the fulfillment of the right to enjoy television programs for deaf people by determining an Affirmative Action that requires TV stations to include Sign Language in each broadcast.

Majda El Muhtaj, 2008, Dimensi‐Dimensi HAM Mengurai Hak Ekonomi, Sosial dan Budaya, RajaGrafindo Persada, Jakarta.

Muhamad Erwin, Filsafat Hukum Refleksi Kritis Terhadap Hukum, PT. Raja Grafindo Persada, Jakarta.

Muhammad Joni Yulianto, 2014, Hak-Hak Penyandang disabilitas dalam Buku Panduan Bantuan Hukum Indonesia : Pedoman Anda Memahami dan Menyelesaikan Masalah Hukum, Jakarta, Yayasan Obor Indonesia.

Nadia Wasta Utami, Gelap dalam Gemerlap: Gelapnya Akses Informasi Bagi Difabel dalam Gemerlap Era Digitalisasi, Diterbitkan oleh Fakultas Sastra dan Budaya Universitas Ahmad Dahlan Yogyakarta, Vol. 3, No. 2, ISSN: 23389176 Oktober 2015.

Sub Direktorat Penempatan Tenaga Kerja Khusus, 2011, Pedoman Penempatan Tenaga Kerja Penyandang Cacat Lanjut Usia dan Wanita, Kementerian Tenaga Kerja dan Transmigrasi Republik Indonesia, Jakarta.

Stanley I. Benn,” Justice” dalam Paul Edwards, ed., dalam The Liang Gie.,1979, Teori-Teori keadilan, Penerbit Super, Yogyakarta.

Supasti Dharmawan Ni Ketut, 2011, Hak Kekayaan Intelektual dan Harmonisasi Hukum Global Rekonstruksi Pemikiran Terhadap Perlindungan Program Komputer, Disertasi, Universitas Diponegoro Semarang, h.11-12.(Selanjutnya disebut Supasti Dharmawan Ni Ketut III), Lihat juga Abdul Manan, 2009, Aspek-Aspek Pengubah Hukum, Kencana Prenada Media.

Undang-Undang Dasar Negara Republik Indonesia Tahun 1945Undang-Undang Nomor 8 Tahun 2016 tentang Penyandang Disabilitas.UU No.32 Tahun 2002 tentang Penyiaran.UU Nomor 39 Tahun 1999 Tentang Hak Asasi Manusia.

Bibliography

I N T E R N A T I O N A L C O N F E R E N C E O N S C I E N C E , T E C H N O L O G Y A N D H U M A N I T I E S (ICoSTH)