STATE CONSTITUTIONAL RESPONSIBILITY IN FULFILLING THE RIGHT TO EDUCATION FOR PERSONS WITH DISABILITIES

Abstract Education is one of the most basic rights that every person must have. The right to education is a right of every citizen guaranteed in the constitution, which is commonly understood as a citizen's constitutional right. Constitutional rights are basic rights which were later adopted in the constitution which include human rights and citizens' rights which are guaranteed in the 1945 Constitution and apply to every Indonesian citizen. This research aims to answer how to strengthen the state's responsibilities in fulfilling the right to education for persons with disabilities from a Constitutional perspective. The type of research used is normative legal research using a statutory approach, philosophical approach, conceptual approach, and comparison. The theoretical framework used as a tool for analysis is state responsibility theory, human rights theory, legislation theory, and capability theory. The results of this dissertation research are as follows: It was found that the essence of the state's responsibility in fulfilling the right to education for people with disabilities is to realize the value of social justice in education, provide human rights protection, and provide education for all (education for all). This departs from diversity, religion, culture, gender, physical and mental, social and motoric. The responsibility of the state in fulfilling the right to education for persons with disabilities in a constitutional perspective, is a concept of state responsibility which is in accordance with the provisions of the Constitution, namely the provisions of the fourth paragraph of the 1945 Constitution of the Republic of Indonesia which contains the state's aim of protecting the entire nation and making the nation's life intelligent based on Pancasila, and is expressly stated. and measured in the provisions of Article 28 H paragraph (2) which confirms that everyone has the right to receive special facilities and treatment to obtain the same opportunities and benefits in order to achieve equality and justice.