LEGAL PROTECTION OF THE RIGHT TO STAY FOR RESIDENTS OF THE CEMETERY SCAVENGER VILLAGE OF RANGKAH SURABAYA
Asri Wijayanti(a*), Sri Winarsi (b)
(a*) Faculty of Law, University of Muhammadiyah Surabaya, Jl Sutorejo 50 Surabaya
(b) Faculty of Law, Airlangga University, Jl Dharmawangsa Dalam Selatan Surabaya
Abstract
The difficulty of finding employment makes the city of Surabaya as an urbanized city. Some of people decided to become scavengers for plastic, paper and metal goods for their living. The need for a place to live and the high rent or installment of the house made the scavengers forced to build a cardboard house around the cemetery of Rangkah Surabaya. The existence of scavengers in the cemetery of Rangkah also disrupts the function of urban planning for the area itself. The city government must immediately find a solion to secure their land assets. This study aims to analyze the legal protection on both sides. It is between the regional government and the right to manage cemetery land assets and protect citizens to obtain basic rights to life and freedom to live. This legal research uses a socio legal approach. The results of the study showed that the management of cemetery should be prioritized for protection to local governments to manage urban planning in the area of cemetery of Rangkah Surabaya. In addition, the priority to the fulfillment of basic rights for the residents in the scavenger village should be given by the local government as the states responsibility for the lives of the poor and displaced persons. The proposed recommendation was that the forced transfer of residents in the cemetery scavengers village of Rangkah must be followed by the readiness of the local government to prepare new housing facilities in accordance with the capacity of the regional budget.
Keywords: scavengers, residence permits, decent housing, cemetery
Topic: Law