Kajian Yuridis atas Ketentuan Darurat Bencana dalam Konstitusi Sebagai Jaminan Hak Asasi Manusia Korban Bencana

Abstract

Indonesia faces a high risk of disasters, which require community involvement and participation in disaster management. The state cannot handle disasters without the community's help, and the research aims to examine the disaster emergency provisions in the 1945 Constitution to guarantee the human rights of disaster victims. This normative legal research found that emergency provisions are regulated in Article 12 and Article 22, granting the President emergency power. However, the 1945 Constitution does not specifically focus on the rights of communities affected by disasters or regulate the principles the government or president must adhere to in limiting or reducing constitutional rights during a disaster. Therefore, it is necessary to amend articles to include provisions that focus on the rights of people affected by disasters and the terms and conditions for limiting or reducing constitutional rights of citizens.