Ekonomi Syariah, Perbankan, Hukum, dan Sistem
Vol. 4 No. 7 (2026): Ekossistem Volume 4 Number 7 (April 2026)

JURIDICAL ANALYSIS OF THE RIGHT OF DISASTER VICTIMS TO SUE AGAINST STATE NEGLIGENCE

Dea Ayu Juliasi Dea (UNIVERSITAS SULTAN AGENG TIRTAYASA)
Ahmad Sarmadi (LBH ABG)
Muhamad Zaenudin (LBH ABG)
Agung Susilo (LBH ABG)
Faizal Rizal Anugrah (LBH ABG)



Article Info

Publish Date
21 Jul 2026

Abstract

The floods and landslides that struck three provinces in Sumatra in December 2025 caused significant material losses, highlighting that the state’s responsibility extends not only to disaster response but also to preventing disasters through responsive policies and consistent law enforcement. This study aims to analyze the legal basis for disaster victims' right to sue the state for negligence in disaster management. Using a normative legal research method, the study examines relevant legislation, legal doctrines, and court decisions. The results indicate that state responsibility is hierarchical and multidimensional, rooted in the welfare state concept. State negligence in disaster management is structural, encompassing epistemic, policy, and accountability failures. The victims' right to sue functions as a corrective legal mechanism supported by strong legal foundations, such as Article 1365 of the Indonesian Civil Code, the Government Administration Law, and the strict liability principle in environmental law. Thus, litigation is not merely a compensatory effort but a strategic instrument to enforce state accountability and environmental justice.

Copyrights © 2026






Journal Info

Abbrev

ej

Publisher

Subject

Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

The Islamic Economics, Banking, Law, System journal is an academic publication focusing on the study of Islamic economics, Islamic banking, Islamic law, and the systems that underpin them. EKOSSISTEM journal aims to provide in-depth insights into the application of Islamic economic principles in the ...