The Constitutional Court holding a follow-up judicial review hearing of Law No. 8 of 2016 on Persons with Disabilities, Tuesday (10/28/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another hearing for the 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 against the 1945 Constitution, on Tuesday, October 28, 2025, in the plenary courtroom. The petition for case No. 130/PUU-XXIII/2025 was filed by two individuals with chronic illnesses, Raissa Fatikha and Deanda Dewindaru, who argued that their constitutional rights were impaired due to the absence of an explicit recognition of chronic illnesses as one of the categories of disabilities under the law.

The hearing was initially scheduled to hear the expert testimony from the Government. However, the expert’s written statement was submitted late to the Court. According to the Registrar’s Office, the document was only received on October 27, 2025.

“This hearing was supposed to present the Government’s expert testimony. However, according to the Registrar’s record, the expert’s statement was only submitted on October 27, 2025,” said Chief Justice Suhartoyo.

He emphasized that the purpose of submitting the written testimony at least two working days before the hearing is to allow the justices sufficient time for review and deliberation. “Therefore, we are postponing this hearing to Thursday, November 6, 2025, at 1:30 PM, with the agenda to hear the Government’s expert testimony,” Suhartoyo announced.

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Raissa Fatikha and Deanda Dewindaru, both living with chronic illnesses, filed a petition to the Constitutional Court for the judicial review of Law No. 8 of 2016 on Persons with Disabilities (case No. 130/PUU-XXIII/2025). They argued that the lack of explicit acknowledgment of chronic illnesses as a form of disability has caused real harm to their constitutional rights.

Raissa has lived with Thoracic Outlet Syndrome (TOS) for ten years, experiencing recurring pain in her right arm, shoulder, and upper chest, which limits her mobility and stamina, especially during flare-ups. Despite her condition, she remains active in public education through the Ragam Wajah Lara platform.

Meanwhile, Deanda has been living with autoimmune disorders, including Guillain-Barré Syndrome, Sjögren’s Disease, and Inflammatory Bowel Disease, for the past three years. She experiences chronic fatigue and movement limitations due to flare-ups and actively shares educational content through the Spoonie Story platform.

At the preliminary hearing on Wednesday, August 13, 2025, the Petitioners’ legal counsel, Reza, stated that the lack of explicit recognition hinders public outreach and advocacy for people with chronic illnesses. “When conducting public awareness sessions on access to public services, the Petitioners must explain their conditions in detail. If chronic illnesses were recognized as a category of disability, the process would be easier for policymakers to understand and ensure that their rights are fulfilled,” he asserted before the panel chaired by Justice Arief Hidayat, with Justices Anwar Usman and Enny Nurbaningsih as members.

The Petitioners further argued that their losses are real and factual, particularly in accessing public services intended for persons with disabilities. They requested the Court to include chronic illnesses as one of the disability categories under the Law on Persons with Disabilities.

Explore the Case: Case No. 130/PUU-XXIII/2025 (in Bahasa Indonesia)

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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