STUDY ON LEGAL PROTECTION AND SOCIAL SECURITY FOR FIRE VICTIMS IN THE CITY OF BALIKPAPAN
STUDY ON LEGAL PROTECTION AND SOCIAL SECURITY FOR FIRE VICTIMS
Abstract
Natural disasters or non-natural disasters greatly affect people's lives and livelihoods because they can cause human casualties, environmental damage, disaster property losses, and psychological impacts. Therefore, the state should be present to anticipate, handle, and rehabilitate every aspect of disasters that occur. The aim of the research is the research aims to examine legal protection and social security for fire victims in Balikpapan City. The research was carried out from January to March 2023 in Balikpapan City, East Kalimantan Province, Indonesia using normative legal research methods (legal research). The research results show that there are differences in classifying types of disasters based on Minister of Social Affairs Regulation 04/2015 junto 10/2020, Regional Regulation 02/2018 and Deputy Mayor Regulation 30/2012. These differences in disaster categorization can have implications for guarantees of assisting disaster victims. Implementatively, the City of Balikpapan refers to Mayor Regulation 30/2012 to assist fire victims even though fire is not included in the disasters for which assistance can be provided based on Regional Regulation 02/2018. In other words, Mayor Regulation 30/2012 is more implementable in providing legal certainty and guarantees to fire victims in Balikpapan City
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References
[1] Balikpapan City Regional Disaster Management Agency. Recap of Data on Disaster Events, Fires, and Community Services for Balikpapan City in 2023. Data taken via https://docs.google.com/spreadsheets/d/1jX157fo-7AAzShdwnUM0HCdBzbfLVTrHg0XzTzpbG00/edit#gid=1468725309 on September 25 2023 at 15.00 WITA.
[2] Novi Abdi. One Victim Died in Fire in Sepinggan Balikpapan. Antara News, accessed via https://kaltim.antaranews.com/berita/192702/satu-korban-tewas-dalam-kebakaran-di-sepinggan-baikpapan on 25 September 2023 at 15.00 WITA.
[3] Mukti, F. and A. Yulianto. 2013. Dualism of Normative and Empirical Legal Research. Pustaka Pelajar, Yogyakarta.
[4] Muhlisin. "Can a Guardianship be Formed Without a Regional Regulation Order?". Hukumonline.com accessed via https://www. Hukumonline.com/klinik/a/dapatkah-membesar-perwali-tidak-minta-perda-- lt5eba456911c1b/ on 25 September 2023 at 15.00 WITA
Regulation
Law Number 12 of 2011 concerning the Formation of Legislative Regulations
Regulation of the Minister of Social Affairs Number 4 of 2015 concerning Direct Assistance in the Form of Cash for Disaster Victims junto Regulation of the Minister of Social Affairs Number 10 of 2020 concerning Amendments to Regulation of the Minister of Social Affairs Number 4 of 2015 concerning Direct Assistance in the Form of Cash
Balikpapan City Regional Regulation Number 02 of 2018 concerning Implementation
Regional Disaster Management
Balikpapan City Regional Regulation Number 21 of 2008 concerning Organization and Work Procedures Disaster and Fire Management
Balikpapan Mayor Regulation Number 30 of 2012 concerning Fixed Procedures Implementation of Disaster Management in Balikpapan City
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