Exploring disparities in access to pawnbroking services by persons with disabilities: A development law perspective on inclusive finance

Abstract

Background: PT. Pegadaian has established a vision to strengthen its role as a Financial Inclusion Accelerator for the community. This initiative presents significant opportunities to enhance financial inclusion for persons with mental disabilities, who often face systemic stigma and are deemed legally incompetent to contract. However, financial inclusion in the pawnbroking sector is still largely limited to physical accessibility measures, such as ramps and priority service queues, without addressing the substantial need for adaptive and inclusive contract arrangements. The contributions of development law could provide a perspective for fostering a climate of financial inclusion within the Pegadaian institution. Methods: This study examines the disparities in pawnbroking service utilization among disabled individuals and analyzes an affirmative action contract framework to support inclusive pawnbroking. Utilizing an interdisciplinary socio-legal approach, this research evaluates the harmonization of relevant legal norms, including the Disability Law, Financial Services Authority regulations (POJK) on Pawnbroking, and POJK on Financial Inclusion. Empirical insights were gathered through in-depth interviews with three respondents with psychosocial disabilities from Kedaibilitas Surabaya. Findings: Although respondents are generally familiar with pawnshop services, not all have ever accessed them. Basically, respondents were able to use the service, particularly with assistance from companions. Their experiences vary, ranging from positive interactions to unfavorable treatment. It should be noted that none of the respondents have ever received affirmative action in pawnbroking agreements. Conclusion: Affirmative action clauses in pawn contracts serve as a legal instrument to promote inclusive pawnbroking services. Novelty/Originality of this article: The novelty of this study highlights that including specific affirmative action clauses such as subsidized interest rates, waived administrative fees, reduced late penalties, reduced late payment penalties, and providing access to non-litigation dispute resolution through LAPS SJK, can serve as a specific legal instrument to promote inclusive pawbroking services.