In Indonesia, the voting rights of persons with mental illnesses have always been a bone of contention. Such persons, particularly women, more often than not face discrimination and difficulties in exercising their right to franchise due to lack of understanding and support from the local community.

The country’s General Election Law and the laws on persons with disabilities, though, specify that people with mental illnesses are citizens and equally entitled to participate in elections in Indonesia. This has further been strengthened by the issuance of the Constitutional Court Decision Number 135/PUU-XIII/2015, which protects the voting rights of persons with disabilities. Since 2014, the government has even been conducting elections that factor in persons with mental illnesses, so that their voting rights are not used and infringed upon by certain contestants.

However, authorities are still unable to entirely protect the rights of these persons due to the society’s reproach. Those suffering from mental illnesses, especially women, have always been discriminated against and considered unfit to vote in elections. Such prejudices force their families and those associated with them to “toe the community’s line” by “confining or prohibiting” them from participating in public activities, the biggest of which are elections.

What does the government say

As per the authorities, exceptions to registering persons with mental disabilities as voters can be made in cases of mental illness and/or permanent memory loss, only after they have received a recommendation from a psychiatrist, stating that their condition has compromised their ability to vote in the general elections.

Coercion and manipulation of persons with mental disabilities to exercise their right to vote is treated as a criminal offense. The Article 5 of Law Number 7 of 2017 even  states that people with mental disabilities have the right to contest for the membership of the People’s Representative Council and Regional Representative Council, and can also run for the President/Vice-President posts, besides being election organizers.

The Article 4 Letter (C) of Law Number 8/2016 on persons with disabilities also outlines that everyone must respect or accept the existence of such persons with all their inherent rights without being undermined. It includes the fulfillment of equal opportunities for persons with disabilities in all aspects of state and community administration.

To delve deeper into the matter, the province of Indonesia’s South Sumatra was taken as a sample to find out if persons, especially women, with mental illnesses have been casting their ballots.

They have right to vote, but not each of them enjoys it

Allowing persons suffering from certain mental illnesses to take part in the electoral process is subject to fulfillment of some laid down conditions, says Dr Seiska Mega, a mental health specialist at RS Ernaldi Bahar psychiatric hospital in Indonesia’s Sumatra.

“There is indeed a provision for such persons to participate in the elections. However, they must fulfill some key requirements to take part in the process,” she adds.

Such persons, Dr Mega says, can cast their ballots if they undergo regular treatment and prove their ability to make a “good” judgment.

“They (patients) can participate in elections if they are treated regularly and can make informed decisions, showing that they can distinguish between good and bad,” she adds.

So far, several women patients from out-patient departments have been able to participate in the elections in South Sumatra without experiencing additional stress. But Dr Mega stresses on familial support in addition to their regular treatment.

“Actually, families can help patients in the entire process. They can provide insights into the profile of each candidate contesting the polls. They can also assess the patients’ ability to distinguish between good and bad. Last, but not the least, they can aid in ensuring that the patients take their medicines regularly and engage in healthy physical activities,” she concludes.

However, there is no scope for women patients committed in rehab centers to cast their votes. Iwan Andhyantoro, a public relation staff member at RS Ernaldi Bahar psychiatric hospital, claims that no polling station was set up for inmates of his facility during the last elections.

“For those who are hospitalized, there was no scope to vote. The government has not discussed further policies or instructions and we couldn’t do anything on our own,” he adds.

The government’s apathy towards the voting rights of psychiatric patients, who choose in-patient treatment, is another aspect that needs to be re-evaluated.

Challenges before the government

Rizki Maharani, as an observer and a political science lecturer, sheds spotlight on the rules and historical facts, saying, “In Indonesia, those who suffer from mental disorders have been included in the mainstream since 1955. This is because Law Number 8 of 2016 states that people with disabilities have a disturbed mindset, which might not be a genetic problem. Now, this must be considered, even though they have been included for a long time.”

She, meanwhile, also highlights the government’s concerns and says, “Such persons often face discrimination and bullying because of their condition. So, you can’t rely entirely on the authorities. The government itself has been working on this aspect for a long time.”

But Maharani also points out the discrepancies in the implementation of policies on voting rights of people with mental illnesses by the government.

“The government is, sometimes, inconsistent, and there are multiple obstacles. The local communities also often oppose it because they think that these people are not worthy,” she says.

“Issues like these require impeccable data and comprehensive surveys, but many people are against it, thus making it a mammoth task for the government,” she adds.

‘Coordination and collaboration need of the hour’

The General Election Commission had also created a program to amplify the participation of such persons in the 2024 elections.

“The general poll panel does facilitate persons with mental illnesses. It registers the participants at the nearest polling station and provides a friendly polling booth for them,” Maharani says.

This issue requires a robust coordination and collaboration between the government, medical service providers, patients, and the local community, experts believe. Instead of drafting a new blueprint, the government can conduct a review to maximize previous policies, they opine.