The Petitioners’ legal counsel accompanied by the Petitioners at the petition revision hearing for case No. 130/PUU-XXIII/2025 in the panel courtroom of Building 1, Constitutional Court (MK), 8/26/2025. Photo by MKRI/Fauzan

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JAKARTA (MKRI) — The Constitutional Court (MK) on Tuesday, August 26, 2025, held another judicial review hearing 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. The agenda of case No. 130/PUU-XXIII/2025 was the petition revision hearing. The Petitioners argued that their constitutional rights had been impaired due to the absence of explicit recognition of chronic illnesses as a form of disability.

The hearing, chaired by Constitutional Justice Arief Hidayat, heard the Petitioners’ legal counsel, Nur Fauzi Ramadhan, explain that they had amended the touchstones of review. “The constitutional provisions we now cite are Article 28C paragraph (2), Article 28D paragraph (1), Article 28H paragraph (2), and Article 28I paragraph (2). Previously, we had included Article 27 paragraph (1), but we have withdrawn it, Your Honor,” he said.

Convention on the Rights of Persons with Disabilities

The Petitioners also revised parts of the posita and petitums. In the posita section a, Fauzi elaborated, the Petitioners amended the provision under review to the elucidation of Article 4 paragraph (1) of the Disabilities Law.

“The elucidation of that provision, as we know, is rooted in the ratification of the Convention on the Rights of Persons with Disabilities in 2011. The Convention itself is an evolving instrument; it does not confine what can be regarded as a disability. Rather, it allows recognition of certain conditions, situations, or impairments as disabilities, so long as they hinder equal participation,” Fauzi stated.

Also read: Chronic Illness Patients Seek Recognition as Persons with Disabilities

For additional context, two individuals with chronic illnesses, Raissa Fatikha and Deanda Dewindaru, had filed the judicial review petition 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 case was registered with the Registrar’s Office as case No. 130/PUU-XXIII/2025. They asserted that their constitutional rights were impaired by the absence of explicit recognition of chronic illnesses as a category of disability.

Raissa Fatikha has been living with Thoracic Outlet Syndrome (TOS) for ten years, experiencing persistent pain in her hand, shoulder, and upper right chest with fluctuating intensity. This condition restricts her mobility, stamina, and physical functions, especially during flare-ups. Nevertheless, she remains active in public education through her platform Ragam Wajah Lara.

Meanwhile, Deanda Dewindaru has been a survivor of autoimmune conditions, Guillain-Barré Syndrome, Sjögren’s Disease, and Inflammatory Bowel Disease for the past three years. She struggles with chronic fatigue and flare-ups that limit her stamina and movement. Deanda also actively raises awareness through her Spoonie Story platform.

At the preliminary hearing on Wednesday, August 13, 2025, the Petitioners’ other legal counsel, Reza, argued that the absence of explicit recognition hampers socialization and advocacy of rights for people with chronic illnesses. “When engaging in public service outreach, the Petitioners are compelled to explain their conditions in detail. If chronic illnesses were formally recognized as a category of disability, this process would be clearer for policymakers and ensure their rights are upheld,” he said before the panel chaired by Justice Arief, alongside Constitutional Justices Anwar Usman and Enny Nurbaningsih.

The Petitioners reiterated that the harm they endure is both real and tangible, especially in accessing public services guaranteed to persons with disabilities. They requested the Court to include chronic illnesses as one of the recognized categories of disability under the Disabilities Law.

Author: Utami Argawati
Editor: Nur R.
PR: Andhini SF.
Translator: Yuanna Sisilia

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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