The Gap Between Regulations and Their Implementation on the Fulfilment of ECOSOC Rights: Study on Village People in Mount Merapi Central Java, Indonesia

WISNUBROTO, ALOYSIUS and Widijantoro, Johanes (2017) The Gap Between Regulations and Their Implementation on the Fulfilment of ECOSOC Rights: Study on Village People in Mount Merapi Central Java, Indonesia. Global Journal of Business and Social Science Review , 5 (3). pp. 177-184. ISSN 2289-8506

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Abstract

Objective – This research was aimed at firstly, uncovering how people in Mount Merapi meet their daily needs without government aids and secondly, finding the solutions to narrow the gap between regulations and the implementation of the people’s ECOSOC rights. Methodology/Technique – The research conducted in 2012 showed that based on local wisdom values, hundreds of households rejected the government’s policy related to the relocation. The policy was issued by the government for disaster risk reduction. Their villages were categorized as disaster-prone areas and banned to be inhabited. Because of their refusal, as a consequence, they did not receive any government aids. Findings – On one hand, the government is constitutionally required to protect and fulfil its citizens’ ECOSOC rights; but, on the other hand, the government may not provide aid due to the existence of regulation prohibiting people living in disaster-prone areas. As a result, people rely on social capital and local wisdom to fulfil their daily needs, and to narrow the gap, the government should implement the concept of living in harmony with disaster. Based on the discussion in the previous sections, it can be concluded as follows: First, regulation and its implementation, which were based on positivism doctrine, had led the government to not fulfilling the ECOSOC rights of the people who rejected to be relocated. Novelty – The research suggests strategies for improving ECOSOC rights

Item Type: Article
Uncontrolled Keywords: Disaster; Government Policy; ECOSOC Rights; Mount Merapi.
Subjects: Ilmu Hukum > Pertanahan, Pembangunan dan Lingkungan Hidup
Divisions: Fakultas Hukum > Program Studi Ilmu Hukum
Depositing User: Editor UAJY
Date Deposited: 01 Nov 2018 02:52
Last Modified: 01 Nov 2018 02:52
URI: http://e-journal.uajy.ac.id/id/eprint/15973

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