LEGAL VACUUM REGARDING STATE RESPONSIBILITY FOR FLOOD DISASTERS IN INDONESIA
Dedy Suwandi, A Heru Nuswanto, Raka Wahyu Ananda

Universitas Semarang

Abstract

This study discusses the legal vacuum regarding state responsibility for tidal flood (rob) disasters in Indonesia, focusing on a juridical-sociological analysis of the implementation of Law No. 24 of 2007 on Disaster Management and the 1945 Constitution. The main issue lies in the absence of legal recognition of rob as a natural disaster, resulting in the lack of a legal basis for the state to provide adequate protection and recovery measures for affected communities. This situation creates a gap between das sollen (what the law should be) and das sein (what actually happens), where constitutionally the state must guarantee the right to a decent life, yet in reality, coastal communities such as those in Sayung District, Demak, receive limited protection. Using a juridical-sociological and qualitative descriptive approach, the study finds that the state^s responsibility remains reactive, fragmented, and unsupported by a clear legal framework. Therefore, legal reform is urgently needed through the revision of Law No. 24 of 2007 to include rob as a natural disaster and to strengthen the mechanisms of state accountability in ensuring the right to life and welfare of coastal communities.

Keywords: Keywords: Legal vacuum, state responsibility, tidal flood, right to life, disaster management

Topic: Governance, Policy, and Education of Coastal Area