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All Journal Arena Hukum Law Research Review Quarterly
Chamdani, Muchammad Chanif
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Human Rights Based Litigation in Promoting Disaster Preparedness Chamdani, Muchammad Chanif; Husnayaini, Dhiya' Sholiha
Law Research Review Quarterly Vol 9 No 4 (2023): Various Issues on Law and Development
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v9i4.66942

Abstract

Indonesia grapples with an elevated susceptibility to natural disasters, as highlighted by the 2018 Indonesian Disaster Risk Index (IRBI), placing all provinces within the medium to high risk spectrum. The resulting devastation, losses, and adverse effects are compounded by societal vulnerabilities and a lack of capacity to manage such crises. This study advocates for a human rights-based approach to disaster management, serving as a dual tool to instigate government accountability and empower communities to enhance their resilience. A pivotal focus lies on preparedness as an essential factor, aiming to cultivate capabilities for efficient emergency management and seamless transitions from immediate response to sustained recovery. Recognizing the potential of effective preparedness measures in significantly mitigating the impact of disasters, this paper employs a normative approach, incorporating statutory and court case analyses, to scrutinize the feasibility and challenges of litigation. The objective is to assess the government's adherence to preparedness requirements, leveraging legal avenues to ensure comprehensive disaster resilience. This research sheds light on the prospects and hurdles of utilizing litigation as a mechanism for prompting government action and fostering a culture of preparedness within the Indonesian context.
Measuring Options for Customary Land Registration From the Perspective of East Nusa Tenggara Findings Chamdani, Muchammad Chanif
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.2

Abstract

This article identifies various options for administering the lands of customary law communities (MHA) that have been implemented or are enshrined in laws and regulations regarding the land sector in Indonesia and sees in what cases specific administration options can be implemented and what the possible challenges are. This research refers to secondary data from findings from the Inventory and Identification of Customary Land in 2021, especially in the province of East Nusa Tenggara. The research also uses a normative approach by examining laws and regulations regarding MHA land registration in the land sector. Based on rules and regulations in the land sector in Indonesia, there are several options for administering MHA lands, namely delineation of land parcels, registration of property rights, registration of communal rights, registration in the land register, and registration in the land management rights (HPL).
Co-Authors Husnayaini, Dhiya' Sholiha