GOVERNMENT RESPONSIBILITY IN FULFILLMENT OF COMMUNITY RIGHTS AFFECTED BY FLOOD IN DISASTER MANAGEMENT IMPLEMENTATION

Abstract

Law Number 24 of 2007 concerning Disaster Management stipulates that in the event of a disaster, the Government and Regional Governments are responsible for implementing disaster management. The community affected by the disaster is the party that must receive priority in handling, because this is a community right and is a constitutional right. The purpose of this study is to examine and analyze the form of responsibility of the Regional Government in fulfilling the rights of the people affected by the flood disaster in South Kalimantan Province. Through the socio-juridical research method (socio-legal) using an interdisciplinary or "hybrid" approach between aspects of normative legal research and a sociological approach using a qualitative analysis method, it will be possible to observe the suitability between das sollen and das sein, namely the integrity of detailed and thorough explanations of legal issues. between law in book and law in action. Based on decentralization, the delivery of government affairs by the central government to autonomous regions is based on the principle of autonomy, so that disaster management and management is not only the responsibility of the central government, but also the regional government plays a direct role together with the central government. The responsibilities and authorities of the Regional Government in disaster management cover 5 (five) aspects, namely the legislative aspect, the institutional aspect, the planning aspect, the funding aspect, and the capacity development aspect. The implementation of the Regional Government in fulfilling the rights of the people affected by the flood disaster includes 3 (three) stages, namely the pre-disaster stage, during emergency response and post-disaster. The fulfillment of community rights during emergency response is carried out through cooperation and coordination with related parties and the community. This pattern of fulfilling the rights of disaster-affected communities is carried out based on justice in line with regional development policies and regional autonomy.

Keywords

• responsibilities
• government
• community rights.