Rules Versus Discretion

Lessons from Earthquake and Liquefaction in Central Sulawesi, Indonesia

DOI

10.2991/assehr.k.220406.003How to use a DOI?

Keywords

discretion; local government; natural disaster; earthquake; liquefaction

Abstract

Natural disasters are situations beyond human control. An earthquake hit Donggala County, Central Sulawesi Province, Indonesia, on 28 September 2018, triggering a tsunami and liquefaction in Palu City, Sigi, and Donggala. Geologically, liquefaction occurs when the soil loses shear strength due to increased pore water stress resulting from high-speed and instantaneous cyclic loads (earthquake loads). As in natural disasters, the safety of the people is the highest law. Against this concept, the issue of discretion can, of course, occur in an emergency. Therefore, this research is needed to answer these problems. The research is empirical legal research with a non-random sampling technique. This research was conducted using the perspective of social jurisprudence. The results show that an extraordinary authority must exist in the life of the nation and state. However, as it turns out into practice, there is no guarantee that situations and emergencies cannot be resolved only based on existing provisions at a particular time. Therefore, even though the sky will fall, the law must still be enforced. Hence, the room for decision-making and action is for things that have not been regulated.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Kasman Lassa
AU  - Syamsul Bachri
AU  - Farida Patittingi
AU  - Marwati Riza
PY  - 2022
DA  - 2022/04/23
TI  - Rules Versus Discretion
BT  - Proceedings of the 2nd Riau Annual Meeting on Law and Social Sciences (RAMLAS 2021)
PB  - Atlantis Press
SP  - 14
EP  - 17
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220406.003
DO  - 10.2991/assehr.k.220406.003
ID  - Lassa2022
ER  -