Flood Disaster Mitigation Through Citizen Lawsuit

Abstract

The state is responsible for providing protection and management in accordance with the authority it has so that environmental damage does not occur that causes flooding and is able to anticipate the possibility of flooding again in the future. However, in practice it cannot be denied that state administrators, in this case the central government to local governments, have the possibility of committing a mistake as an act against the law because it does not provide fulfillment of the rights of citizens, so that the community can sue the state for that mistake. Citizen lawsuits do not lead to claims for losses, but demands in the form of issuing general policies by the government. The purpose of this study is to find out about the efforts of citizens to obtain protection from the threat of flooding through the citizen lawsuit mechanism and to find out how the potential citizen lawsuit mechanism in resolving floods so that it does not happen again. This study uses a normative juridical approach by using perspective analysis. The results showed that the problem of flooding resulted in citizens not getting their rights to a good and healthy environment. The citizen lawsuit is carried out so that state officials issue a general regulatory policy as a preventive one (disaster mitigation) so that floods do not occur again in the future.

Penanganan Banjir Pada Permukiman Padat Penduduk Sepanjang Sub DAS Martapura Kabupaten Banjar Provinsi Kalimantan Selatan

“…Terlebih lagi Kabupaten Banjar yang menjadi wilayah dengan tingkat bencana banjir tertinggi di Provinsi Kalimantan Selatan (Kumalawati & Angriani, 2017), permasalahan ini perlu diantisipasi dengan melakukan pengelolaan dan penataan wilayah bantaran sungai Martapura, pembuatan irigasi atau drainase untuk menyalurkan air hujan agar tidak tergenang, selanjutnya juga diperlukan penambahan bendungan pada sub DAS Riam Kiwa untuk mereduksi banjir yang sering terjadi di Kecamatan Pengaron dan sekitarnya (Arni, Badaruddin, & Kadir, 2019;Zulaeha, Ariany, Dwifama, Falmelia, & Ridhani, 2022).…”

Social control of government policy through the citizen lawsuit mechanism

“…Several laws and regulations have mandated the protection of the interests of citizens. (Zulaeha, 2021) Accepting the citizen lawsuit model in Indonesia is an adaptation to answer various events that develop in society not only limited to the context of material law, but procedural law as a formal law that functions to enforce material law is ISSN PRINT 2356-4962 ISSN ONLINE 2598 also carried out. Law enforcement, in its journey, must dynamically keep up with the development of its environment.…”

Modeling the Flood Disaster in South Kalimantan Using Geographically Weighted Regression and Mixed Geographically Weighted Regression

“…Meanwhile, in 2019, there were 66 cases of floods, and in 2020, it became the worst period of floods, namely 349 instances of floods. In addition, in mid-January 2021, a flood occurred which hit ten regencies/cities in South Kalimantan, including Banjarbaru City, Banjar Regency, Hulu Sungai Selatan Regency, Hulu Sungai Tengah Regency, Tapin Regency, Tanah Laut City, Balangan Regency, Tabalong Regency and Banjarmasin City [9]. Therefore, this study aims to model flood cases in South Kalimantan based on the causal factors.…”