Jaminan Konstitusi Pemberdayaan Universal Terhadap Penyandang Disabilitas Tereksploitasi di Jalanan

Abstract

The mandate of the introduction of human rights and freedom as a human being has been stated in the opening of the 1945 Constitution (UUD 1945) with 4 (four) paragraphs that lead humans and their nation to humanity, a justice that is independent, united, sovereign, just and prosperous and is based on the development of the nation's ideals in the crystallization of Pancasila. The constitution is like the 'Spirit of the state' that lives to grow, develop, and direct the 'Physical state' towards the paradigm, understanding and actualization of axiology in everyday life. The reason is, the state is said to be perfect if its physicality is filled with spirit in the rules of harmony, harmony and balance. Thus, all of this is needed to be a name "State of Law". The state of law gives birth to basic concepts, namely the supremacy of law that is just, limitations of power, and guarantees of universal empowerment of human rights (HAM). The rule of law upholds the supremacy of the welfare concept of the rule of law that all people have the same position in the eyes of the law (equality before the law), so equality and social balance in fulfilling universal and fundamental rights in the case of people with disabilities must be positioned in a position, role and potential that legitimizes, justifies and confirms their condition as humans (living of human), not as objects or objects (inanimate).