The Petitioners attending the preliminary hearing of case No. 130/PUU-XXIII/2025 on the judicial review of Law No. 8 of 2016 on Persons with Disabilities, Wednesday (8/13/2025). Photo by MKRI/Bayu

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JAKARTA (MKRI) — Two individuals living with chronic illnesses, Raissa Fatikha and Deanda Dewindaru, filed a petition for judicial review of Article 1 point 1, Article 4 paragraph (1), and the elucidation of Article 4 paragraph (1) of Law No. 8 of 2016 on Persons with Disabilities with the Constitutional Court (MK). The petition was registered with the Registrar’s Office under case No. 130/PUU-XXIII/2025. The Petitioners argued that their constitutional rights have been impaired because chronic illness is not explicitly recognized as a form of disability under the law.

At the preliminary hearing on Wednesday, August 13, 2025, Raissa Fatikha (Petitioner I) explained that she has been a survivor of Thoracic Outlet Syndrome (TOS) for 10 years. She experiences recurring pain in her arm, shoulder, and upper right chest with fluctuating intensity. This condition limits her movement, stamina, and mobility, especially during flare-ups. Nevertheless, she actively raises public awareness through the “Ragam Wajah Lara” platform.

Raissa also elaborated on the condition of Deanda Dewindaru (Petitioner II), who has been living with autoimmune diseases—Guillain-Barré Syndrome, Sjögren’s Disease, and Inflammatory Bowel Disease—for the past three years. Deanda suffers from chronic fatigue and flare-ups that restrict her stamina and mobility. She actively educates the public through the “Spoonie Story” platform.

Their legal counsel, Reza, stated that the absence of explicit recognition of chronic illness as disability hampers socialization and advocacy of the rights of persons with chronic illnesses. “When conducting outreach regarding public services, the Petitioners must explain their conditions in detail. If chronic illness were recognized as a category of disability, the process would be clearer to policymakers and ensure that their rights are fulfilled,” he said before the panel of justices chaired by Constitutional Justice Arief Hidayat, accompanied by Justices Anwar Usman and Enny Nurbaningsih.

The Petitioners emphasized that the harm they experience is real and factual, especially in accessing public services afforded to persons with disabilities. They requested the Court to classify chronic illnesses as a type of disability under the Persons with Disabilities Law.

Reza further argued that the omission contradicts Article 28C paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution, as it restricts the Petitioners’ opportunity to develop themselves, participate in society, and obtain services granted to persons with disabilities. “Explicit recognition would simplify outreach, strengthen advocacy, and guarantee that the rights of persons with chronic illnesses are equally fulfilled,” he concluded.

According to the Petitioners, the absence of chronic illness as a recognized disability in Article 4 paragraph (1) of the law and its elucidation, coupled with the lack of clear regulation under Article 28D paragraph (1) of the 1945 Constitution, has resulted in constitutional losses. They face barriers in accessing services that are supposed to be guaranteed for persons with disabilities.

Responding to the petition, Justice Enny Nurbaningsih advised the Petitioners to provide a more detailed explanation of the two illnesses and whether such health impairments could constitute the basis for legal standing. They must also demonstrate strong grounds for claiming constitutional impairment caused by the existing norms.

“You must be able to clearly elaborate on the strong reasons showing how the enactment of the contested provisions leads to a constitutional impairment. This is why I stress this point—because you referred to chronic illness. How can you establish that a constitutional loss exists in relation to the classification of chronic illness?” Enny remarked.

The panel granted the Petitioners 14 days to revise their petition, with the deadline on Tuesday, August 26, 2025, at 12.00 PM Jakarta time.

Author: Utami Argawati
Editor: Nur R.
PR: Andhini SF.

Translator: Yuanna Sisilia

Read more: Petition Case No. 130/PUU-XXIII/2025 (In Bahasa Indonesia)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

 

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