Proceedings of the 2nd International Conference on Social Environment Diversity (ICOSEND 2025)

<Previous Article In Volume
Next Article In Volume>

Legal Vacuum Regarding State Responsibility for Flood Disasters in Indonesia

Authors
Dedy Suwandi1, *, A. Heru Nuswanto1, Acel Novrikar1
1Faculty of Law, Universitas Semarang, Semarang, Indonesia
*Corresponding author. Email: dedy.suwandi@usm.ac.id
Corresponding Author
Dedy Suwandi
Available Online 30 April 2026.
DOI
10.2991/978-2-38476-565-2_33How to use a DOI?
Keywords
Legal vacuum; state responsibility; tidal flood; right to life; disaster management
Abstract

This study discusses the legal vacuum regarding state responsibility for tidal flood (rob) disasters in Indonesia, focusing on a juridical-sociological analysis of the implementation of Law No. 24 of 2007 on Disaster Management and the 1945 Constitution. The main issue lies in the absence of legal recognition of rob as a natural disaster, resulting in the lack of a legal basis for the state to provide adequate protection and recovery measures for affected communities. This situation creates a gap between das sollen (what the law should be) and das sein (what actually happens), where constitutionally the state must guarantee the right to a decent life, yet in reality, coastal communities such as those in Sayung District, Demak, receive limited protection. Using a juridical-sociological and qualitative descriptive approach, the study finds that the state’s responsibility remains reactive, fragmented, and unsupported by a clear legal framework. Therefore, legal reform is urgently needed through the revision of Law No. 24 of 2007 to include rob as a natural disaster and to strengthen the mechanisms of state accountability in ensuring the right to life and welfare of coastal communities.

Copyright
© 2026 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

<Previous Article In Volume
Next Article In Volume>
Volume Title
Proceedings of the 2nd International Conference on Social Environment Diversity (ICOSEND 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
30 April 2026
ISBN
978-2-38476-565-2
ISSN
2352-5398
DOI
10.2991/978-2-38476-565-2_33How to use a DOI?
Copyright
© 2026 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Dedy Suwandi
AU  - A. Heru Nuswanto
AU  - Acel Novrikar
PY  - 2026
DA  - 2026/04/30
TI  - Legal Vacuum Regarding State Responsibility for Flood Disasters in Indonesia
BT  - Proceedings of the 2nd International Conference on Social Environment Diversity (ICOSEND 2025)
PB  - Atlantis Press
SP  - 261
EP  - 265
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-565-2_33
DO  - 10.2991/978-2-38476-565-2_33
ID  - Suwandi2026
ER  -