The Rule of Law for the Right to Inclusive Education in Indonesia

Indonesia is committed to guarantee the right to education for all citizens without exception. The commitment of Indonesia to Education for All (EFA) leads to the fulfillment of inclusive education policies. The people of Indonesia tend to understand inclusive education as education for people with disabilities. On the other hand, inclusive education has a broader meaning, which does not refer only to special education. Furthermore, it also covers education with special services. The essence of inclusive education is to remove barriers that limit all marginalized learners, to respect diversity and needs, to create patterns of education without discrimination, and ultimately to achieve quality education. People’s understanding leads to questions about inclusive education in legal context, as well as the rules of inclusive education in Indonesia. This paper contains a qualitative study with a historical-doctrinal approach. The study aims to explain the right to inclusive education listed in the rules and regulations in Indonesia and their problems. From the normative point of view, the rules on inclusive education are regulated in the Law Number 8 of 2016 on Persons with Disabilities and the Regulation of the Minister of National Education Number 70 of 2009. Furthermore, the rules of inclusive education can also be found in several other regulations implicitly. Most of the rules have stipulated provisions that include the right to education. Therefore, the Government appears to be progressively realizing the respect, protection, and fulfillment of the right to education, including inclusive education, for all people of Indonesia.