Aktieva Tri Tjitrawati, - and Mochamad Kevin Romadhona, - and Oemar Moechthar, - and Sri Endah Kinasih, - (2024) The Palu Disaster and Indonesia’s Obligation to Ensure the Right of Adequate Housing and Land Rights: Mission Accomplished? koninklijke brill Bv. (Unpublished)

Text 7. The Palu Disaster and Indonesia_Aktieva Tri Tjitrawati et al..pdf Download (1MB)

Abstract

In guaranteeing the protection of human rights for disaster victims, a legal frame¬work is needed to govern all humanitarian work related to natural disasters. Inter¬national human rights principles should guide disaster risk management, including pre-disaster mitigation and preparedness measures, emergency assistance and reha¬bilitation as well as reconstruction efforts. This study aims to examine and analyse the existence of a human rights approach in various laws and disaster mitigation policies in Indonesia and the state’s responsibility in implementing human rights in providing land rights and proper housing for disaster victims in particular after the Palu disaster. This study combines a positivist legal reading with empirical data on this particular disaster. The conclusion of this study is that the norms for protecting human rights must be integrated in every stage of disaster management, where the disaster mitiga¬tion stage becomes the basis for other measures. Human rights-based disaster man¬agement standards must become a measuring tool for evaluating the development of Indonesian laws and regulations, for implementing regulations for disaster manage¬ment as well for accounting the successes or lack thereof of disaster management, post-disaster, reconstruction and rehabilitation.

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