Policy Transformation of Reasonable Accommodation as a Discrimination Prevention Instrument for Persons with Disabilities in the Workplace

Abstract

This study examines the transformation of reasonable accommodation policies as an instrument to prevent workplace discrimination against persons with disabilities in Indonesia. The research is grounded in the constitutional guarantee of equality and Indonesia’s commitment to the Convention on the Rights of Persons with Disabilities (CRPD), which recognizes the denial of reasonable accommodation as a form of discrimination. The study aims to analyze the objective criteria for determining reasonable accommodation without imposing an undue burden on employers and to evaluate its influence on workplace productivity and discrimination reduction. This research employed a normative juridical method using statutory, conceptual, and principles-of-law approaches. Primary legal materials include Indonesian labor and disability laws, international human rights instruments, and comparative legal frameworks, while secondary materials consist of scholarly journals, reports, and legal commentaries. The findings demonstrate that reasonable accommodation should be assessed based on proportionality of cost, employer capacity, operational impact, effectiveness of accommodation, availability of state incentives, and the obligation to engage in an interactive process with workers. The study further reveals that reasonable accommodation contributes significantly to higher employee productivity, improved retention, reduced discrimination, and a more inclusive organizational culture. Empirical evidence also shows that most accommodations involve minimal costs while generating substantial economic and social benefits. In conclusion, Indonesia must strengthen its regulatory framework, enforcement mechanisms, and fiscal support systems to transform reasonable accommodation into an effective and enforceable right for persons with disabilities in the workplace.