Protection of the Right to Adequate Residence for Residents Affected by Eviction Based on Human Rights Perspective

DOI

10.2991/978-2-494069-23-7_7How to use a DOI?

Keywords

Land Acquisition; Development; Eviction; housing; human rights

Abstract

Evictions are still one of the methods used by the local government in the context of land acquisition for development. In particular, the eviction of the residences of residents who do not have land ownership rights documents. The right to residence is one of the human rights that must be protected by the state. This right is also related to ensuring the sustainability of human life, so it’s fundamentally needed. This study focuses on the issue of the impact of evictions on the protection of the right to housing and guarantees the sustainability of the lives of people affected by eviction based on a human rights perspective. The research method used is juridical-empirical. The results showed that the government had provided Rusunawa as compensation to residents affected by eviction but the Rusunawa as provided were not given free of charge because several months later, residents would have to pay rent. The provision of Rusunawa was carried out unilaterally by the government, so the government still did not pay attention to some standards for providing adequate housing according to human rights standards consisting of aspects of availability, aspects of cost affordability, and location aspects. Therefore, it is hoped that the local government, before carrying out an eviction, needs to involve the participation of the affected community to identify the needs of the residents related to the fulfillment of the right to adequate housing as compensation for the loss of their homes due to forced evictions, and consider some aspects, especially for human rights protection of adequate residence.

Copyright

© 2023 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.

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TY  - CONF
AU  - Ridha Wahyuni
PY  - 2022
DA  - 2022/12/09
TI  - Protection of the Right to Adequate Residence for Residents Affected by Eviction Based on Human Rights Perspective
BT  - Proceedings of the International Conference on Law Studies (INCOLS 2022)
PB  - Atlantis Press
SP  - 71
EP  - 86
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-23-7_7
DO  - 10.2991/978-2-494069-23-7_7
ID  - Wahyuni2022
ER  -