Protection of Workers with Disabilities in Indonesia and Malaysia: A Comparative Legal Policy Analysis from a Human Rights Perspective

Authors

  • Hanifah Ghafila Romadona Faculty of Law, Universitas Internasional Batam, Indonesia Author
  • Henry Soelistyo Budi Faculty of Law, Universitas Pelita Harapan, Banten, Indonesia Author
  • Shelvi Rusdiana Faculty of Law, Universitas Internasional Batam, Indonesia Author
  • Nur Fatihah Faculty of Social Sciences and Humanities, Universitas Teknologi Malaysia, Malaysia Author
  • Ampuan Situmeang Faculty of Law, Universitas Internasional Batam, Indonesia Author

DOI:

https://doi.org/10.70184/a1a5re46

Keywords:

Disability Employment, Human Rights, Legal Policy

Abstract

Purpose: This study aims to analyze the comparison of legal policies on the protection of workers with disabilities in Indonesia and Malaysia from a human rights perspective, as well as to identify key implementation challenges.

Research Design and Methodology: The research employs a normative juridical approach by examining statutory regulations, legal doctrines, and international instruments such as the Convention on the Rights of Persons with Disabilities (CRPD).

Findings and Discussion: Indonesia adopts a quota-based mandatory approach under Law Number 8 of 2016, while Malaysia applies an incentive-based model under the Persons with Disabilities Act 2008. Although Indonesia provides a stronger normative legal framework, its implementation remains weak due to inadequate supervision, ineffective sanctions, limited workplace accessibility, and low employer awareness. In contrast, Malaysia's incentive-based approach lacks binding legal obligations and effective enforcement, resulting in limited employment opportunities for persons with disabilities. This study contributes a comparative analysis of quota-based obligations and incentive-based employment models from a human rights perspective, demonstrating how different legal policies influence the realization of substantive equality and the right to work.

Implications: Strengthening law enforcement, monitoring mechanisms, workplace accessibility, and employer awareness is essential to achieving an inclusive labor market consistent with human rights principles.

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Published

2026-09-22

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