Government’s Responsibilities in the Use of Discretion for Natural Disaster Management

DOI

10.2991/aebmr.k.200513.097How to use a DOI?

Keywords

government responsibility, discretion, natural disasters

Abstract

Indonesia as a state of law that aims to achieve public welfare, every activity must be oriented to the goals to be achieved as a rule of state activities, government, and society. The problems in this research are: (1) Why is there an urgency in the implementation of government accountability in the use of natural disaster discretion; (2) What is the responsibility in using discretion for natural disaster management; and (3) How is the construction of government responsibilities in the use of discretion for natural disaster management. This research method uses an empirical juridical approach. The juridical approach is based on a normative approach that provides various statutory regulations related to discretion. An empirical approach is used to analyze government responsibilities in the use of discretion for natural disaster management. The results of this study indicate that: (1) The implementation of government accountability in the use of discretion in natural disaster management must be in accordance with the objectives of goodness, not contrary to legal regulations, in accordance with good governance, and the basis of objective reasons must not be subjective; (2) Government responsibilities in the use of discretion for disaster management, namely position responsibilities occur when policy makers use discretion for and on behalf of positions, while personal responsibility is applied in the case of policy makers carrying out maladministration actions; and (3) The concept of government responsibility in the use of discretion for natural disaster management requires a minimum limit set by the National Disaster Management Agency, so that it can be known the responsibilities of the Regional Government or the Central Government in handling these natural disasters.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Mashari
PY  - 2020
DA  - 2020/05/20
TI  - Government’s Responsibilities in the Use of Discretion for Natural Disaster Management
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 502
EP  - 507
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.097
DO  - 10.2991/aebmr.k.200513.097
ID  - 2020
ER  -