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International Journal of Law and Management: Law, philosophy and disasters: earthquake-handling case in Yogyakarta, Indonesia
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Abstract
Purpose – This paper aims to synchronize the various constitutional regulations that regulate the natural
disaster management in Indonesia, especially those which apply in the Yogyakarta Special Territory after
disaster through a legal interpretation and construction method to find a community empowerment-based
disaster management model, which suits the Indonesian ideals of law.
Design/methodology/approach – This research is carried out in the Yogyakarta Special Territory
province; this research uses the juridical normative method or the method with the doctrinal or the juridical
normative approach. The approaches used in this research are the conceptual approach, statute approach and
the sociological approach.
Findings – The numerous constitutional regulations that are formed and implemented to regulate the
disaster management in Yogyakarta Special Territory cannot yet run its function as an integrating
mechanism efficiently. This is mainly because the handling of disasters is usually responsive, without clear
planning.
Research limitations/implications – In numerous constitutional regulations, there is a
synchronization between the regulations on the society’s rights and responsibilities in disaster management.
The point of these regulations is that they state that every citizen has the right to obtain social protection and
a sense of safety. They have the right to obtain education, trainings and skills in the establishment of disaster
management. Also, they have the right to participate in policies, in accessing information on disaster
prevention policies.
Practical implications – Efforts of response toward a disaster should be neither exclusive nor partial. A
condition of disaster is a complex condition, which usually asks for a holistic response from various
perspectives and experiences. It needs effective teamwork between various institutional groups. Basically, it
will not be effective if it is run by a single agency exclusively. Indonesia needs a clear disaster management
and needs to synchronize the law for disaster mitigation for minimize the natural disaster impact.
Social implications – Various constitutional regulations made and applied to regulate disaster
management in the Yogyakarta cannot yet run its function as an efficient integrating mechanism, as the law
cannot yet undergo the rearrangement of the productive process in the society optimally. The goals
determined in the execution of the disaster management are often not legitimized by the society, and they do
not yet give a full sense of justice to them. Recovery after Yogyakarta earthquake is a slow process.
Originality/value – This is a relatively new research, as other researches focused on the disastrous
impacts of the Yogyakarta earthquake. The disaster management system must consider and must be
responsive toward diversity, differences and competition, which may arise due to social, economic, political, community and even religious factors. These differences often create a dynamic and complex relation. A
wrong manner in handling this may cause horizontal conflicts.
NONE
Text
ENGLISH
EMERALD INSIGHT
2021
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
Kelik Wardiono. (2021).International Journal of Law and Management:
Law, philosophy and disasters:
earthquake-handling case in
Yogyakarta, Indonesia.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd