Legal Comparison Between Usa’s Federal Law And Indonesia’s National Law on The Implementation of Quota System For Disabled Employee

This thesis examines the legal frameworks in the United States and Indonesia concerning the employment of persons with disabilities (PWDs). It compares the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination and mandates reasonable accommodations, with Indonesia's Law Number 8 of 2016, which establishes a quota system for PWD employment. The research investigates the effectiveness of both approaches in promoting inclusivity and identifies potential shortcomings in Indonesia's quota system, such as ambiguity in enforcement and lack of specific accommodation guidelines. By analyzing legal documents, scholarly literature, and real-world data, this study aims to inform policymakers and stakeholders on strategies to enhance employment opportunities for PWDs in Indonesia. It suggests a potential hybrid approach that combines elements of both systems, incorporating clear accommodation standards and robust enforcement mechanisms while considering cultural sensitivities and potential economic impacts. This research contributes to the ongoing discourse on disability rights and employment policies, offering insights for a more inclusive and equitable workforce in Indonesia.

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Publication Details

Journal
Commerce Law
Published
2024-12-10
DOI
https://doi.org/10.29303/commercelaw.v4i2.5116
Primary Topic
Taxation and Compliance Studies
Type
article
Field-Weighted Citation Impact
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article

Legal Comparison Between Usa’s Federal Law And Indonesia’s National Law on The Implementation of Quota System For Disabled Employee

Diman Ade Mulada, Muhammad Sood, Arkan Athaullah Helmi
Commerce Law
Taxation and Compliance Studies
article

Legal Comparison Between Usa’s Federal Law And Indonesia’s National Law on The Implementation of Quota System For Disabled Employee

Diman Ade Mulada, Muhammad Sood, Arkan Athaullah Helmi
article en

Abstract

This thesis examines the legal frameworks in the United States and Indonesia concerning the employment of persons with disabilities (PWDs). It compares the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination and mandates reasonable accommodations, with Indonesia's Law Number 8 of 2016, which establishes a quota system for PWD employment. The research investigates the effectiveness of both approaches in promoting inclusivity and identifies potential shortcomings in Indonesia's quota system, such as ambiguity in enforcement and lack of specific accommodation guidelines. By analyzing legal documents, scholarly literature, and real-world data, this study aims to inform policymakers and stakeholders on strategies to enhance employment opportunities for PWDs in Indonesia. It suggests a potential hybrid approach that combines elements of both systems, incorporating clear accommodation standards and robust enforcement mechanisms while considering cultural sensitivities and potential economic impacts. This research contributes to the ongoing discourse on disability rights and employment policies, offering insights for a more inclusive and equitable workforce in Indonesia.

Commerce LawVol. 4(2)
University of Mataram (ID)
Reduced inequalities
Openalex Percentile: Top 66%
Taxation and Compliance Studies
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Legal Comparison Between Usa’s Federal Law And Indonesia’s National Law on The Implementation of Quota System For Disabled Employee — Diman Ade Mulada, Muhammad Sood, et al. · Commerce Law (2024) | TGRS Research Map | TGRS