IN THE PROCESS OF SOCIAL REHABILITATION
FOR VICTIMS OF LAPINDO MUDFLOW DISASTER
(Study In Sidoarjo District, East Java, Indonesia)
Writer:
Oman Sukmana
E-mail Address: osukmana@ymail.com; oman@umm.ac.id
Sociological Doctoral Program, Faculty of Social and
Political Sciences,
Gadjah Mada University, Indonesia.
Lecturer of Social Welfare Departement, Faculty of
Social and Political Sciences,
Muhammadiyah Malang University, Indonesia.
Abstract
Lapindo mudflow disaster has caused tremendous
physical and non-physical impact, causing a crisis for the social life of
citizens in Porong, and surrounding areas. NGO's advocation and government
intervention in various forms of social rehabilitation programs are needed to
assist the impact of Lapindo mudflow disaster. This study aims at identifying
and describing the impact of Lapindo mudflow disaster; and the role of NGO's advocacy and the
government intervention in the process of social rehabilitation for victims of the
disaster. The results proved that the Lapindo mudflow disaster has brought destruction
of settlement areas, rice fields, agricultural, and industrial which was
statistically about 1,071 hectares, 6 villages,
33 schools and 33 factories were destroyed, and approximately 48,983
people were displaced. Moreover, it undeniably carried non-physicalvimpacts such as social aspects, health, education, psychological,
economic, and so on. Social advocacy
by NGOs include mentoring programs and litigation efforts. Government, in the other side, interferred in the process of social rehabilitation for victims of
Lapindo mudflow disaster stated in the policy as stipulated by Presidential
Decree
No. 14/2007, Presidential Decree No. 48/2008,
Presidential Decree No. 40/2009, Presidential Decree No. 37/2012, Presidential
Decree No. 33/2013. Forms of government intervention include facilitation of
policy, institutional and budgetary allocations.
Keywords: NGO's Advocacy, Government Intervention, Disaster of
Lapindo Mudflow.
Preliminary
May 29, 2006 is
the beginning of the emergence of the Lapindo mudflow disaster. Mud with a
volume between 100 thousand to 150 thousand M3 per day, spurted
from the bowels of earth
and rapidly
drowned
residential, agriculture,
and industry areas (Batubara & Utomo, 2012:3)[1].
Lapindo mudflow disaster is located in District of Porong, approximately 12 km South of Sidoarjo Regency. The spot is about 15 meters from the Banjar Panji-1 (BJP-1),
a place of gas exploration owned by PT Lapindo Brantas Inc. (PT
LBI)
or the Brantas block operator.
It blocked areas
from regency of Jombang,
Mojokerto, Sidoarjo to Pasuruan, East Java. It covers residential and main industrial area
of
East Java. Not far from the
location of the mudflow, there are toll roads, Gempol Surabaya, the highway of Surabaya-Malang and the highway of
Banyuwangi-Surabaya-Pasuruan, and railways
of East Surabaya-Malang and Surabaya-Banyuwangi.
According to
Prasetia and Batubara
(2010:40)[2],
Lapindo mudflow is a complex disaster seen from its genealogy. Experts from all over the world
has created debates on it.
They
generally splited two arguments. First part assumed that the disaster was caused by drilling activity in gas
exploration wells Banjar Panji-1 (BJP-1) belonged to PT LBI, and the rest believed that
it was caused by
reactivation of regional faults Watukosek due to Yogyakarta earthquake on May 27, 2006, just
two days before the Lapindo
mudflow disaster occured.
However, a meeting of petroleum geologists in South Africa, has concluded that it
was unquestionably
caused by gas exploration process, not by a tremor. Forty-two out of the 74 scientists who attended in the
conference of American Association of Petroleum Geologists (AAPG)
convinced that the drilling triggered
the mud eruption.
Three of
them agreed that it
is caused by the earthquake,
sixteen scientists
remains uncertain, and the rest
considered it as the combination
of tremor
activity and drilling process. At last, the geologists in AAPG conference concluded that it is the direct result of the drilling[3]
which is often called ‘Lusi’
by local
people.
The Government claimed
the phenomenon as a
natural disaster
based on the decision of the
Central Jakarta District Court dated November 27, 2007, which
stated that the
government and Lapindo were not in charge for any unlawful act. The verdict of Jakarta High Court on
June 13, 2008, strengthened the verdict of Central Jakarta District Court on the
date of November 27, 2007, which
mentioned that the
incident caused by natural symptom is more dominant than by human error. Decision of the Supreme Court of (MA)
cassation, on the April 3, 2009, stated that disaster was a natural phenomenon and not the fault of the
industry, and the decision has permanent legal force (inkracht).
In 2013,
Lapindo mudflow disaster has been running for seven years and it has not shown its signs to stop, although the volume is somewhat diminished. Nobody
is certain when it
will end. According to Richard Davies[4] and his colleagues, it is difficult to calculate
the termination. However, some
researchers estimated that it is going to continue for 26 years. It is also expected to stop in 2037[5].
Regarding the complexity of the disaster, it will be
interesting to study deeper on the impacts, the form and role of government intervention, and the NGO's assistance in the process of social rehabilitation of the victim
of Lapindo mudflow disaster.
Review
of Literature
Disaster is a
condition or a situation caused by human actions or natural
occurance, which
happens suddenly
or gradually, led
to chaos and loss of life,
material, as well as the environment. It exceeds the capacity of communities for overcoming the
problem using the ability of their own resources.
In line with the understanding of disaster, a
social disaster is seen as a situation caused by human actions
which leads to some impacts. Social
disaster
might be caused by social
conflict openly and widely, war, or other social unrest[6].
Rehabilitation
is the repair and restoration of all aspects of the public service or a
community to an acceptable level in post-disaster areas with the main goal for
the normalization and for the utilization of all aspects of the government and society in
post-disaster areas. Rehabilitation is done through the following activities: (a)
improvement of environmental disaster areas; (b) improvement of public
infrastructure and facilities; (c) relief society home improvement; (d)
psychosocial recovery; (e) health services; (f) reconciliation and conflict of
resolution; (g) socio-economic of culture assistance; (h) restoration of peace and order; (i) recovery of
the functions of government; and (j) the recovery function of public service[7].
Because the
social impact of the disaster exceeds the capability of the victims to deal
with their own resource capability, then it is necessary of advocacy (assistance) and social
intervention from outsiders to the process of social rehabilitation. According to Abdul Hakim Nusantara (Miller & Covey,
2005: vii)[8],
advocacy is defined as the act or process to defend or support. Support to
community groups weak is intensified by personal, groups, non-Governmental
Organization (NGOs), and community organizations, that has a concern for the problems of human rights,
environment, poverty, and other forms of injustice. In a wider sense, advocacy is a
political process by individuals or groups that are generally aimed at
influencing public policy and resource allocation decisions within political,
economic, or social institutions and systems. Advocacy can include many
activities (form), such as: Budget advocacy, Bureaucratic advocacy, Health
advocacy, Ideological advocacy, Interests-group advocacy, Legislative advocacy,
Mass of advocacy, and Media advocacy[9].
Samuel (2007:
616)[10] states that public advocacy is a deliberate
set of actions who designs to influence public policy or public attitudes in
order to empower those who are marginalized. The main difference between public
advocacy and human-centered advocacy is that the goal of human-centered
advocacy is to
empower people, especially people who are marginalized. In the context of
liberal democratic culture, public advocacy is used as an instrument by
applying the meaning of non-violence and constitutional. Public advocacy as a
political process driven by value, seeks to challenge and change the unequal
power relationships that result in people marginalized socially, political, and
economically. Advocacy process include: (1) reject unequal power relations in
every level, including patriarchy system, from a personal to the public, from
family to government; (2) involve government agencies to empower marginalized
people; (3) create and use space in the system for a change; (4) strategies
using knowledge, skills, and opportunity in influencing public policy; and (5)
integrate the micro-level activity and macro-level policy initiatives.
Furthermore,
Samuel (2007: 616)[11] conducted a study on the process of advocacy
in India. According to Samuel, in the Indian context, grassroots organization
and mobilization are used to build awareness and demand
rights as citizens, and
ensure the credibility, legitimacy, and the bargaining power in the public
advocacy. In India, one of the many advocacies of social justice
is the application of legislation and social security programs. It
includes
progressive legislation such
as the Equal Remuneration Act, the Act of Dowry Prohibition, the Act of Bond Labor
Prohibition, and the Act of Prevention of Atrocities against Caste.
Parties who undertake
the advocates depart from an understanding and belief that the injustices
inflicted on the poor or oppressed communities due to
asymmetrical social power
relations and unequal. Power relations are unequal and undemocratic
action produces
the rejection to the
participation of the poor (marginalize groups) in the process and mechanisms of
decision-making. Decision-making processes and mechanisms that are not
democratic in it produce a variety of policies that harm the rights and
interests of the poor (marginal groups). In this perspective, advocacy is an
activity planned jointly by community groups, for the purpose of transforming
the system of social relations that creates asymmetrical power relations, and
is not democratic, towards the
realization of the social fabric underlying symmetrical power relations, more
democratic and fair. Advocacy activities are planned and performed toward to
the ideal society formation.
In the
Indonesian context, advocacy activities is undertaken by NGOs and grassroots organizations
including various forms of advocacy such as: education, awareness, and
organizing groups of poor people, providing legal assistance activities or defense of the rights and interests of the
poor in the court. The activities include lobbying to the centers of decision-making with
respect to environmental management by NGOs who engaged in advocacy and
environmental law, such as the Legal Aid Foundation of Indonesia (YLBHI), the Indonesian
Environmental Forum (Walhi), and many other environmental organizations.
Similarly, the consumer society of Indonesia through the Indonesian Consumers
Foundation and other consumer NGOs have long been advocating the rights and
interests of consumers through education and awareness programs, litigation,
and lobbying to the centers of decision-making in order to issue a policy that is responsive and productive for the
rights of consumers.
Furthermore,
Miller and Covey (2005:13)[12] states that the approach to advocacy can be
vary depending on the political context in which the
organization works. Advocacy strategies vary from approaches that emphasize
co-operation with the authorities and focuses on education and appeals.
They are openly use
the oppose approach, and the
use of combined strategies which are mutually reinforcing. For example, one of the
NGOs working in Africa under an authoritarian regime uses behind-the-scenes approach to create change. In the Philippines, in the case of the
Urban Land Restructuring where a broad coalition of NGOs, housing associations,
and major church leaders apply an approach that ranges from demonstrations in the street and
on a banquet held by the
Catholic bishops and important commissions in Congress, to
drafts of legislation.
In Ecuador a strong national
indigenous movement in collaboration with supporters of the ruling church as
well as important international NGOs allied to overturn legislation that would
eliminate legal protections on lands owned by indigenous.
For fear that
their land will eventually disappear, the Indians movement use
a wide range of advocation strategies and tactics to achieve their goals.
First they ask the advice of the members on the impact of the law, gather
knowledge and the findings of their grass roots and then mobilize the members
to open up political space for negotiation with the government. To expand the
space, they blockaded highways, occupied government buildings, using media
coverage, using the court system to obtain a favorable decision when the army
intervened, and spoke with officials from major bank in Washington. These
actions ultimately led to openly way for negotiations with the country's
president and other government leaders to produce significant concessions.
Meanwhile,
the concept of social
intervention refers to the process of changes through the ongoing social relationships
(Bennett, 1987:13)[13].
Social intervention process includes how to start a change, evolve, and survive in the
social world. According to Parson (Bennett, 1987:13)[14]
, social intervention is related to the process of changing the system, not the
process of change in the system. Change the system is related to changes or
transformations that try to overcome problem in the system.
According to
Loewenberg (1977:7)[15],
in the context of social work, the term of social interventions emphasize to
the active participation, aim, and plan both by the client and social worker in
every phase of the process of social intervention. Intervention activities are
responses
to a specific problem, or as
an effort to prevent the occurrence of the development of problems in
individuals, groups, or communities. Furthermore Loewenberg (1977: 25)[16] states that the processes of social
intervention include: (1) Recognition of problem, (2) Request for Help, (3)
Preliminary Assessment, (4) Problem Assessment and Goals Identification, (5)
Strategy Development, (6) Contract Negotiation, (7) Implementation of Strategy,
(8) Feedback and Evaluation, and (9) Termination.
Critical
intervention is one of the techniques used in handling (rehabilitation) social
disaster victims. Critical interventions, is interventions that aim at providing as much support and assistance to individuals and
families, in order to allow people who is helped regain psychological balance
as quickly as possible[17].
According to Roberts (Payne, 1997: 101), the steps in the critical interventions
include: (1) assessing risk and safety of clients and others, (2) establish
rapport and communication with clients, (3) identity of major problems, (4)
deal with feelings and provide support, (5) explore possible alternatives, (6)
formulate an action plan, and (7) provide follow-up support.
Research
Methods
This study uses
an interpretive-constructivist paradigm. All research who is characterized an
interpretive, guided by a set of beliefs and feelings about the world and how
to understand and study it (Denzim & Lincoln, 2009:16)[18].
According to Denzim
and Guba (Salim, 2001:71)[19],
the purpose of research of the interpretive-constructivist paradigm is to hold
a reconstruction of understanding and social action.
According to
Marvasti (2004:8)[20],
the purpose of the research of constructionist concerns with
how cultural and situational variation is coloring (shaping) a reality. The
research approach used is qualitative approach. According to
Denzim and Lincoln (2009:6)[21],
the word qualitative implies an emphasis on processes and meanings that are not
rigorously examined or has not been measured in terms of quantity, amount, intensity,
or frequency. A
method used in this study is phenomenology. According to
Denzim and Guba (Salim,
2001:89)[22],
phenomenology is the method of research with a qualitative approach. Similarly,
Creswell (2007: 53)[23] states that phenomenology is one of the five
approaches to qualitative inquiry. Data collection techniques include
interviews, observation, and documentation.
Results
and Discussion
1.
Lapindo mudflow disaster impact:
Lapindo mudflow
disaster which
occurred since on May 29, 2006 have impacted to the environment
and people who lived the district of
Sidoarjo, particularly in three sub-districts areas who include in "the Affected Area Map", namely sub-district of: Porong, Tanggulangin
and Jabon. Disaster of Lapindo mudflow
has destroyed about 16 villages, of which 1,071 acres area that include the
area of agriculture, aquaculture, industrial, and residential areas.
Some areas must be
vacated, either by drowning or due to uninhabitable declaration as a result of mudflow and danger of blowouts. More
than 15,788
households or 48,983 people had to move from their residence to a new place.
The impact
of Lapindo mudflow disaster besides make changing in the region Porong,
Tanggulangin, and Jabon due to the loss of some areas.
The drown
and uninhabitable
areas have led the
changes in various aspects,
such as: economic, social, environmental, education, and so on.
Damaged assets
consist of: (1) Land and building residential population, (2) productive crops,
such as paddy, sugarcane, and pulses, (3) building and plant equipment, and (4)
infrastructure, such as highways, power lines, irrigation systems, water supply
networks, telecommunication networks, gas pipelines, etc..
Economic losses
due to Lapindo mudflow at least are
divided into two, namely
direct cost or direct loss which
costs more less of Rp
50 billion per day, and the indirect cost or indirect loss that
is more less of Rp 500 billion
per day. According to the Governor of East Java, Soekarwo, with reference to
the results of studies of the Faculty of Economics, University of Brawijaya,
Lapindo mud disaster loss reaches Rp 33 trillion per year.
The data in 2009
showed that as many as 3,562 workers are affected by layoffs because several
companies closed and several of other companies fired their workers/employees.
Meanwhile, it
is about 2,302 workers
mudflow victims are still in condition that are not apparent, without a
job due to the factory flooded by mud. According to the Indonesia National
Human Rights Commission (Komnas HAM), the public's right to work or create new
jobs also disappeared caused of mudflow. According to recent data (2013) as
described by the chairman of the Association of Company Lapindo Mudflow Victims
(GPKLL), Drs. S.H. Ritonga, there are 33 companies/factories are forced to
close due to waterlogged mud which caused approximately 10,000 employees
(workers) lost their jobs. In the field of education, at least about 33 school
buildings ranging from kindergarten to high school were
destroyed by
mudflow. As a result, 5,397
students had to move to another school or study at emergency
school. Such conditions are
a threat to the school dropouts.
Besides, the material loss also triggered non-physical impacts
or non-physical loss on the communities, namely socio-cultural, psychology
and public health loss. Non-physical impact had not
becoming a major concern
from responsibles, which should provide
compensation to the affected
people and
felt the damage
socio-cultural, psychological and health. For example, socio-cultural impact
like the destruction of the social order, values, norms, and traditions have
already built dozens or even hundreds of years in the life of the community.
Variety of illnesses suffered
by the victims of the Lapindo mudflow disaster, such as : Acute Respiratory
inspections (based on reports of three health centers in the three
sub-districts affected, there is a significant increase in the number of
patients with respiratory disorders), skin cancer, cough-cough, etc.; Psychological impact, such as the emergence of feelings
of worry, stress, and even depression.
2. Disaster of
Lapindo mudflow and the reproduction of injustice
Lapindo mudflow disaster has become the arena of
reproductive of injustices committed by the corporation (PT LBI) and the state
(government) to the Lapindo mudflow victims. Things that are considered as injustice (controversy)
by the victims of the Lapindo mudflow disaster, as follows:
First; Injustice (controversy) is felt by the victims
of the Lapindo mud on issues relating to the issue drilling permits.
Disaster-affected communities, see the processes that are not transparent in
the drilling project conducted by corporations (PT LBI). At first,
PT LBI conveys
the public that the purchase
of land residents by PT LBI were going to be used for the location of the chicken farm, not for
the drilling location (exploration) of oil and gas.
At the time of sale and purchase transactions,
most people were
not aware that their land were purchased by the PT LBI, since the process of buying and selling was represented by chief of village Renokenongo. The land
owners did not know exactly who the buyer
of their land. Residents
believe to the information of Renokenongo village chief that land of residents
who
were purchased land were
going to be used
for the location of the chicken farm.
After buying and selling land occured, the location was then covered with zinc, so residents did
not know what was done in
the zinc fence. Residents realized that the location was used for oil and gas drilling by PT LBI after the
blast of the mudflow occured.
Second; Injustice (controversy) associated with
inconsistency of the implementation of spatial policy. In accordance with
Regulation of the Sidoarjo Regency No. 16 of 2003, that the Sub-District
Porong, Jabon Tanggulangin was prioritized for residential areas, agriculture and
industry, not for the area of oil and gas exploitation (or mining). Then the regulation
No. 16 of 2003 were
updated with the Regulation
No. 6 of 2009 , which stated that the main function of Sub-District of Porong,
Jabon, Tanggulangin, and Krembung as a residential area, geological conservation,
industry, agriculture, and trade of regional scale. In line with the Regional
Regulation of Sidoarjo Regency No. 16 of 2003, the East Java Provincial
Government issued a Regulation East Java
Province No. 2 of 2006, which also states among other things that the Sidoarjo
region, especially Porong area and surrounding areas earmarked for residential,
agricultural, and industries.
Thus, the reproduction of injustice in the context of
Lapindo mudflow disaster, forms violation to the rule of exploration activities (drilling)
oil and gas who conducted in the middle of residential areas.
Third, the form of injustice (controversy) relates to the cause of the mudflow disaster. Society states
that the cause of the mudflow disaster in Porong and surrounding areas is human
error. While, the government and the corporations (PT LBI) stated that the
factor causing the mud volcano is natural factors.
Lapindo mudflow disaster is a disaster that is very
complex viewed from the genealogy of the disaster. Theoretical debates
involving experts from all over the world. Generally, expert opinion was split
into two camps. People
argued
that this disaster was caused by drilling activity in gas exploration wells
Banjar Panji-1 (BJP-1) belongs to PT LBI and the rest argued that the mudflow disaster was
caused by the Yogyakarta earthquake on May 27, 2006, two
days before the Lapindo mudflow disaster occurred. But in the " AAPG 2008
International Conference & Exhibition " , the view of the world
geologists about the cause of the mudflow was divided into four groups.
First, three experts
from Indonesia assumed
that the earthquake
of Yogyakarta was the
cause; Second , 42 world experts expressed that drilling activity process by PT
LBI was
the cause; Third , as many
as 13 experts who expressed that the combination of seismic and activity
of drilling was
the source of the cause ,
and Fourth , 16 experts could not determine their opinion. While the report Audit Agency (BPK), dated
May 29, 2007 found that
there were technical errors in the drilling process by PT LBI .
Thus, in the context of disaster of Lapindo Mudflow,
the reproduction
of injustices is determined
by the factors caused
by mudflow in Porong and
surrounding areas as natural factors, so called natural disasters. It is
deniable that human error
factor (human error) was the cause of it. Determination of the mudflow as natural disasters resulted
in the reduction of the
corporate responsibility (PT LBI) in handling disasters, particularly the
impact of health, economic, social, and so on.
Fourth; forms of injustice (controversy) was
felt by the victims of the
Lapindo mud associated with the mention of the term, ie society gave term as "Lumpur Lapindo" (Lula) mean as
Lapindo Mudflow, while the government and corporations (PT LBI) named it "Lumpur Sidoarjo" (Lusi) which
meant Sidoarjo
Mudflow. Peoples who weremaffected by mudflow disaster give term Lapindo Mudflow
because they assumed that the source of the mudflow disaster was caused by
the conduct of exploration of oil and gas by the PT LBI. The term Sidoarjo Mudflow
indicated the impression that the PT LBI did not feel guilty to the mudflow disaster causing misery for residents who
lived
there.
There are two reasons why the corporation (PT LBI)
should be responsible. First, technological failures results
disruption to lives and
livelihoods in the form of loss of property, psychological impact, and even
human casualties, which ends up in loss of livelihoods, shelter, life, and so on.
It would be considered as
a violation of rights guaranteed by law; Secondly, it is the duty of every
corporation to act for precautionary, so that his actions does not lead to disaster. Moreover, in developing and
producing oil and gas field, the contractor shall perform in accordance with
the conservation and implement the rules of good engineering, and equipment
comply with the required standards.
Fifth; forms of injustice (controversy) perceived by
victims, is related to the
division of responsibility for the payment of compensation. As stipulated in
Presidential Decree No. 14 of 2007, that
the victim of disaster of mudflow victims were divided into two categories: inside area
or "the Map of Affected
Impact Area" (Peta Area Terdampak), and outside are or "the Map of Affected Impact Area" (Peta Area
Terdampak). The compensation settlement process for inside area
is the responsibility of the
corporation (PT LBI ), while the outside area compensation settlement process is the responsibility
of government through state funds. In subsequent journey, compensation payment process within "the Map of
Affected Impact Area" was not running smoothly. Until the year of 2012, PT LBI had not completed the redress process. For the victims who are in the outside area, the implementation of compensation payments relatively
run smoothly . This
condition is considered by the victims who entered "the Map of Affected
Impact Area" as a form of discrimination and injustice from the government.
Sixth; forms of injustice (controversy) wa
sfelt by the victims of the
Lapindo mud associated with the treatment of their status as victims of natural
disasters. As victims of natural disasters, residents were forced to leave their homes to move to another place.
They received living allowance
for three months, housing
stipend, and contract money for two years, while the payment
of compensation for land and buildings were paid in installments process. However,
other rights as citizens did
not get bailed.
National Committee on Human Rights of Indonesia
(Komnas HAM), noted
that the disaster of Lapindo mudflow had created conditions which led
to unprotected victims and did
not fulfill
of human rights
acts.
Seventh; forms of injustice (controversy) felt by the
victims of the Lapindo mud related to the role of government more pro-capitalist
(pro-business) rather than pro-people (pro-victims). The government's attitude was considered "soft" against the corporation
(PT LBI). It showed that government did not dare to dismantle Lapindo mudflow activities. Government was powerless to press PT LBI to be responsible for the mudflow.
Government was considered fail
playing its role. The
Government also considered not having serious deal with victims who were vulnerable to sexual harassment and criminalization,
the incident of Lapindo mudflow had added to burden women's lives.
Eighth; forms of injustice (controversy) that felt by
the victims of Lapindo mud related to the response of the PT LBI (Bakrie) in mudflow
solving problem. Bakrie
pleaded not feeling guilty on the Lapindo mudflow in Sidoarjo. Even so, he still bought the
land and responsible citizens in the process of payment of compensation as the
"orders of mother". According to Bakrie, PT LBI was found not guilty by the Supreme Court,
and the decision is final and binding. However, because of "the
mother", Bakrie
ordered to buy land and buildings belonging to the victim, so he complied.
Bakrie described land and buildings owned by PT LBI it is not
compensation but the compensation gained.
Residents argued that PT. LBI
should be responsible for the mudflow disaster that caused by technical errors
during drilling. For the citizens, the cause was because of human error in Lapindo mud
drilling. Thus, the PT LBI was obliged and must be responsible in resolving the issues
regarding the impact of the mudflow.
2.
The Process of NGO's Advocation
Advocacy efforts
by NGOs for victims of Sidoarjo mud
conducted through the litigation process, includes:
First; action
lawsuit
was against the law and
violations of Human Rights (Ham) in the case of Sidoarjo mudflow
on initiative of the Foundation of Indonesia Legal Aid (YLBHI).In
December of 2006, approximately eight months after the Lapindo mudflow occurs,
Lapindo mudflow victims did claims on the suffered
loss and violations of Human right. Action of social movements the Lapindo
mudflow victims was in order to ask for the accountability of government and PT LBI on violations of Human Rights.
This action was supported
and represented by a team, called "the Advocate Team of Humanitarian Sidoarjo Mud Victims".
It consisted of 59 public
advocates and assistant of public advocate from the Foundation of
Indonesian Legal Aid (YLBHI). The
Humanitarian Advocacy team of Sidoarjo
mudflow victims, did lawsuit action. Letter of claim
was submitted to the Chairman
of the District Court Central Jakarta, on December 8, 2006, in the case No..
384/Pdt.G/2006/PN.JKT.PST[24].
The Advocate Team of Humanitarian on behalf of the victims of the
Lapindo mudflow disaster, sued the defendant. They were the President of the Republic of Indonesia (the first
defendant), the Minister of Energy and Mineral Resources (the second
defendant), Minister of Environment (as
the defendant III), Executive Agency of
Oil and Gas (as the defendant IV), the Governor of East Java (named as
defendants V), Regent of Sidoarjo (named as defendants VI), and the PT. Lapindo
Brantas Incorporated (as the co-defendant). According to the plaintiffs, the
defendants had
committed a category of acts against the law in the case of Sidoarjo mud.
According to the plaintiffs, they took into account that the disaster would cause adverse impact on the environment and
humanity, but the
defendants did
not take the necessary measures to anticipate the impact of the mudflow in the
early days of the mudflow. This shows that the defendants, as state officials had
not acted in accordance with
its legal obligations.
According to the
Foundation of Indonesia Legal Aid
(YLBHI), that the loss caused by the mudflow included the following: (1) the right to life in the form of
loss of life due to its gas pipeline explosion on November 22, 2006, (2) The
right for forming of viable life caused of declining quality of life of peoples
who suffer as the impact of hot mudflow,
both direct and indirect victims from the hot mudflow, (3) the right to
freedom from fear experienced by victims
and society in Sidoarjo and surrounding areas including fishermen in the
Madura strait, (4) the right of housing
of victims who have lost their homes due to
mudflow, (5) the right to work because
loss of livelihood and employment due to
mudflow, (6) the right to education in the form of loss of educational
opportunities due to undergo mudflow,
(7) children's rights in the form of dispossession of the rights of children to
acquire good care of his parents, to play and be creative, and take part in
education, due to mudflow, (8) women's
rights, namely a loss of protection to women due to mudflow, and (9) in the form of loss of
proprietary property belonging to victims of the mudflow.
The Indonesia
National Human Rights Commission (Komnas HAM) concluded several human rights
violations caused by the Lapindo mudflow in Porong-Sidoarjo, East Java.
Some showed
the violations of human
rights such as the rights to life. Based on the findings of the national
Commission on Human Rights, the government failed to meet the standards and the
right to a decent environment. Another breach was in terms of the right to information. The government
also did not make the early warning system which coupled with the emergence of gas bubbles that could
potentially cause a fire. The disaster of Lapindo mudflow in Sidoarjo, also
eliminated the
right of self-development, the right of housing, right of having food, right of being health, right of getting work, as well as the right of
having education.
Because of
the disaster,
about 2,288 people
stopped working due to the factories where they worked was not operating.
There were
33 schools were
damaged which
made 1,774 students
from elementary, junior high, high school, and a boarding school lost a place
to learn since
their
school building were
inundated by mud[25].
The Indonesia
National Commission on Human Rights, also noted that due to the mudflow disaster, the victims lost welfare rights (property rights) since
their
assets has
been drowned by the
mud. It implicated
to the loss of a family and the
right to continue the descent. National Commission on Human Rights of Indonesia
also mentioned that in the context mudflow disaster, in Porong, Sidoarjo, the
government or the responsible party had also violated the rights for vulnerable groups such as
the disability, the elderly, children, and women. Proven in the field, there were no special treatment for pregnant women and no
guarantee of security against girls from violence or sexual abuse since
there were
no specific separation between
men and women. With the violation of the rights of the victims of the mud, it
implied
that their right to social
security did not
meet
at all.
Plaintiff
appealed to the District Court Judge the
Central of Jakarta for doing a hear and determined the followings: (1) Received entirely in favor of PLAINTIFF, (2) stated that the
Defendant and Co-defendant had done tort, (3) Punish
DEFENDANT for issued a policy that ordered to restore the rights of the
victims of the mudflow in Sidoarjo, with the provision that the affected
communities can regain their rights with equal or better value as the original
as before the mudflow occured, (4) defendant was Ordered for issuing a policy in order
to stop the mudflow by mobilizing all available resources and considered the Peoples rights, including the right to a healthy
environment;(5) ordered the parties Defendant issuing a policy that can
legally guarantee the entire
costs that had
been incurred related to the reduction of mudflow and the restoration of the rights
of victims, (6) Defendants were ordered to instruct all the ranks of law enforcement
agencies for explicitly take legal action expressly, law enforcement and
prosecution of all those responsible, including responsible business leaders
whose activities had triggered the mud; and (7) ordered
the Defendants
to make
written apologize to the
victims and
announced it
through 5 (five)
national television station, 5 (five) radio stations and 10 (ten) national
print media for three consecutive days.
Panel of Judges
of the District Court Central Jakarta rejected claims the Foundation of
Indonesian Legal Aid (YLBHI) against the government and PT Lapindo Brantas
Incorporated (Inc) about the handling of the mudflow. The decision of District
Court central Jakarta dated 27 November 2007 and rejected the lawsuit the Foundation of Indonesia Legal Aid.
It stated that the
government and PT. Lapindo Brantas Inc.,
did
not take
an unlawful act. On the
reading of the verdict in the Central Jakarta District Court who was chaired Moefri just considered
that PT Lapindo had
spent a lot of money to cope
with the mud flow. It did not show that that the government and Lapindo did
not guilt[26].
Assembly
rejected claims to defendant as a whole. Assembly considered that the
government has issued a policy that needs to handle the mudflow that occurred
on May 2006, by forming an integrated team for management of mud. Meanwhile, PT
Lapindo Brantas Inc., judged to have
spent a lot of money, more less 1, 6
triliunt rupiah to pay the cost of
living allowance for the refugees, and to handle the mudflow. "Since the
mudflow occurred at a drilling location on May 29, 2006, refugees have been
evacuated to Porong Market with transportation provided by Lapindo. Lapindo
also have to pay the contract fee and the cost of the displaced school children
of the victims, "said Martini Mardja.
The Foundation
of Indonesian Legal Aid (YLBHI) formally appealed the decision of the Central
Jakarta District Court, and refused the lawsuit of the Foundation of Indonesia
Legal Aid related to the case. Appeal was done because the decision of the judges was
weak. A ground of appeal was
taken by the
Foundation of Indonesia Legal Aid, because the decision of the judges had a substantial number of weaknesses. One of them was that
the judges did
not consider any violation
of rights to fulfillment of economic, social, and cultural victims, such as the
loss of homes, jobs, land, and so on. However, High Court in Jakarta on June 13, 2008 upheld the
verdict the District Court in Central Jakarta on November 27, 2007 which
stateed that the
incident of mudflow in Sidoarjo caused
by the nature is more dominant,
rather
than by human error.
Furthermore,
the Foundation of Indonesia
Legal Aid (YLBHI) filed an appeal to the Supreme Court.
The decision of the Supreme
Court on 3 April 2009 rejected the appeal the Foundation of Indonesia Legal
Aid, and
stated that of the
mudflow was
a natural phenomenon and there
were no the fault of the
industry, and this decision had permanent legal force (inkracht)[27].
Second; Action Lawsuit was done by Indonesian Forum for the Environment (Walhi).
Along with the lawsuit in the District Court of Central Jakarta by the
Foundation of Indonesia Legal Aid, the
Indonesian Forum for Environment (Walhi) did lawsuit in the South Jakarta District Court.
Indonesian Forum
for the Environment (Walhi) filed a lawsuit against PT Lapindo Brantas and the
government because they believed these two parties should
be responsible for the
environmental damage caused by the mudflow in Sidoarjo. Civil suit was filed to
the South Jakarta District Court. The lawsuit against the government
was taken, because the
government deemed not doing action for controlling. Walhi sued 12 parties,
namely: PT Lapindo, PT Energi Mega Persada, Kalila Energy Limited, Pan Asia
Enterprise, PT Medco Energy, Santos Australia Limited. From the government
official department, it sued
the President, the Minister of Energy and Mineral Resources, the Executive
Agency for Upstream Oil and Gas, Ministry of Environment, the Governor of East
Java and Sidoarjo Regent[28].
Walhi lawsuit
against PT. Lapindo Brantas Inc., and the government was apparently rejected by the South Jakarta District
Court, in Jakarta. South Jakarta District Court, on the 27th of December 2007.
In the verdict
of the judges, all
defendants won,
including PT Lapindo Brantas Inc., and the government. Judge considered
mudflow at the Banjar
Panji-1, Sidoarjo, East Java, as a common natural phenomenon. This decision was
considered by Walhi as
environmental injustice. The reason the panel of judges in a ruling that was
read out, because the defendant that is PT Lapindo Brantas Inc., acquitted of
committing a mistake in the mudflow case that resulted in damage to the
environment as being sued by Walhi. Although rejecting Walhi lawsuit, the judge insisted that the defendants
retains responsibility for designing the process to stopping the mudflow.
Furthermore,
Walhi appeal in the level of High Court of Jakarta. But the ruling of High Court
of Jakarta on October 27, 2008 strengthened the verdict of the South Jakarta District Court on
the date of December 27, 2007 which
stated that the
mudflow in Sidoarjo was caused by natural phenomena. The Clerk Court of South
Jakarta District stated that the
decision of High Court of Jakarta on October 27, 2008 already legal
and binding (inkracht).
Advocacy efforts
were
undertaken by the NGO namely
Indonesian Legal
Aid Foundation (YLBHI) and Indonesian Environmental Forum (WALHI) in defending
the interests of victims of the Lapindo mudflow disaster through litigation
turned out a failure.
3.
Government Intervention:
Government
intervention in the rehabilitation process of social manifested in three forms
of facilitation, they are: policy, institutional, and allocation of budget
funds.
First;
Facilitation of Policy. The government policy on the handling of the impact of
the Sidoarjo mudflow since the events occurs of 2006 to 2013, stated in
Presidential Decree, as follows:
(1)
dated
on 8 September 2006, published Presidential Decree (Presidential) No. 13 of
2006 on the National Team of Sidoarjo Mudflow Mitigation (PSLs national team).
This team has a duty to take operational steps in an integrated manner in order
to control the mudflow in Sidoarjo which include: closure of the mud flow,
handling mudflow and sludge problems. Establishment of National Team in
Sidoarjo Mudflow Mitigation does not reduce the responsibility of PT Lapindo
Brantas to perform mitigation and restoration of environmental damage and
social problems it causes. Costs required for the implementation of the
National Team duties charged to the budget of PT. Lapindo Brantas.
(2)
dated
8 April 2007, was issued Presidential Decree (Decree) Nomo 14 of 2007 on the
Sidoarjo Mud Mitigation Agency. Presidential Regulation No. 14 of 2007 replaces
the Presidential Decree No. 13 of 2006, thus the existence of the National
Response Team Mudflow in Sidoarjo (PSLS) has ended and their duties
were taken over by
the Sidoarjo Mudflow Mitigation Agency (BPLS). BPLS task is dealing with the
mudflow mitigation efforts, handles mudflow, addressing social issues and infrastructure
that caused mudflow in Sidoarjo, with attention to the
smallest environmental risks.
In appendix Presidential Decree Number 14 of 2007, be included the area
that goes into the Affected Area Map, which is the area submerged in mud, as
the proposed by national team of PSLs. The area which entrance in to the "Map of Affected Area" includes
four villages namely: Siring Village, Village Jatirejo, Kedung Bendo, and Renokenongo
village, and then the area of "the
Map of Affected Area" region plus six villages, namely: the village of
Ketapang, Kalitengah Village, Village Glagah Arum, Gempolsari Village,
Pejarakan, Mindi village, and the village Keboguyang.
The area which
include into "the Map of Affected Area", ie the area
which drowning by mud, covering more less 613.4 Ha. Under article
15, Presidential Decree No. 14 of 2007, PT Lapindo Brantas Inc., was required to buy the land and buildings owned by
citizens who are in "the Map of Affected Area" region through buying scheme with phased
payments, ie 20% prepaid and the rest was paid no later than one month before the contract
period of 2 (two) years finished.
But until now the process of buying and selling land and building assets
by PT Lapindo Brantas Inc., could not be solved completely. Based on the result of
an agreement between the victims and PT
Lapindo Brantas Inc., it was agreed the
value of the sale, namely: for building of Rp 1.5 million per square meter, for
land for Rp 1 million per square meter, and for the land of rice fields Rp 150
thousand per square meter.
(3) dated on
July 17, 2008, be issued Presidential Decree No. 48 Year 2008 on Amendment of
Presidential Regulation No. 14 Year 2007 on the Sidoarjo Mud Mitigation Agency.
One consideration of the issuance of Presidential Decree No. 48 of 2008 is that
the mudflow in Sidoarjo had social impact for the community in outside "the
Map of Affected Area" dated March
22, 2007 (Attachment Presidential Decree No. 14 of 2007). Furthermore, the
process of buying and selling of land and buildings owned by citizens who
include in the area outside "the Map of Affected Area" was performed by the Sidoarjo Mudflow Mitigation Agency
(BPLS) with reference to the amount of the buying price paid by PT Lapindo
Brantas Inc., as same as with the one inside
"the Map of Affected
Area". Costs of buying and selling outside the PAT refer to the
Presidential Decree No. 48 of 2008 were charged to state funds. Being
issued in Presidential
Decree No. 48/2007, the areas affected
by the Lapindo mudflow were grouped into two categories, namely: the region inside "the Map of Affected Area" and the
region outside of "the Map of Affected Area".
(4) Further, dated on 23 September 2009 published
Presidential Decree Number 40 Year 2009; later dated 27 September 2011
published Presidential Decree Number 68 Year 2011; dated 5 April 2012 published
Presidential Decree No. 37 of 2012, and last on May 8, 2013 published
Presidential Decree Number 33 of. The core of this regulation is the addition
of an area outside "the Map of Affected Area". Specialized in Perpes
No. 33 of 2013 has started to set about the mechanism of
reimbursing citizens’ land.
Second, Forming
Institutional. In particular, to address various issues related to the Sidoarjo
mudflow disaster, the government set up an agency, called "the Mitigation Agency of Sidoarjo
Mudflow" which is regulated by
Decree of the President of the Republic of Indonesia Number 14 Year 2007. Based
on this regulation, the Mitigation Agency of Sidoarjo Mudflow have responsibility to mudflow handling, dealing with social
issues and infrastructure caused by the mudflow in Sidoarjo, with attention to
the smallest environmental risks. Furthermore the Mitigation Agency of Sidoarjo
Mudflow must report its performance of duties to the President.
The Agency of
Migitation Sidoarjo Mudflow (BPLS)
consists of the Governing Board and the Executive Board. The Steering Committee
is responsible for providing direction, guidance and supervision of the
implementation of the mudflow prevention efforts, mudflow handling, handling
social issues and infrastructure caused by the mudflow in Sidoarjo, which
implemented Executive Agency. The Steering Committee consists of: Chairman Minister of Public Works, ; Vice Chairman:
Minister of Social Affairs; concurrent Member; Members: Minister of Finance,
Minister of Energy and Mineral Resources, Ministry of Home Affairs, Minister of
Marine and Fisheries, Minister of Transportation, Minister of State for
Planning National Development Planning / Head of National Development Planning
Agency, Ministry of Environment, the National Land Agency, the Governor of East
Java, the regional military commander V / Brawijaya, the East Java Regional
Police Chief, and Regent of Sidoarjo. The organizational structure of the
Executive Board consists of: Head of the Executing Agency, Deputy Head of the
Executing Agency, the Secretary of the Executive Board, Deputy for Operations,
Deputy Social Affairs, and Deputy of Infrastructure.
Efforts made by
the Agency of Mitigation Sidoarjo
Mud include handling the Lapindo mudflow
and handling the problems solving of socio-civic as the impact of the Lapindo mudflow. In
efforts to address problem solving social, the programs of the Agency of
Mitigation Sidoarjo Mud include: social assistance, social protection, and
social recovery. Social assistance was given in the form of: medical aid and clean water,
aid money for contracts, evacuation
cost and life assurance money.
Social
protection was given
in the form of the process of buying and selling land and buildings owned by
the victims of Lapindo mudflow disaster both by PT MLJ or by the Agency of
Mitigation Sidoarjo Mud. The process of social recovery was
given in the form of:
training activities (sewing shoes, ribbon embroidery, gold carpentry,
automotive, modes, processed food, sewing machine technician, entrepreneurship,
disaster response, and poultry), and extension activities and dissemination of
information.
Third, Budget
Allocation. Determination of Sidoarjo mudflow affected areas were
divided into two categories. They were, first, areas that belong to "the Map of Affected
Area", and second, outside the regions including "the Map of
Affected Area". Funds for handling the
impact of the mudflow
in "the Map of Affected
Area" region is the responsibility of PT Lapindo Brantas Inc. While the
mudflow handling funds that are outside
"the Map of Affected Area" is the responsibility of the
government through the budget of state.
The total
government budget who absorb state budget funds to control the Lapindo mudflow
as much as 6.2 trillion
rupiah. Budget was calculated from the year of 2008 until 2013,
while budget allocations in
2007 amounted to 505 billion rupiah taken from the emergency budget item. The
details are as follows: budget of 2008 as much as 1.1 trillion rupiah, 2009
amounted to 1,147 trillion rupiah, 2010 amounted to 1.2 trillion rupiah, 2011 amounted to 1.2 trillion
rupiah, 2012 amounted to 1.5 trillion Rupiah and budget of 2013 amounted to 2,2 trillion rupiah[29].
In accordance
with the mandate of the law of the Republic of Indonesia No.. 24 Year 2007 on Disaster Management, the
Indonesia Central Government had responsibility in the process of implementation of
disaster management, both in the event of natural disasters, non-natural
disasters, and social disaster. Responsibility of the Indonesia Central
Government in Disaster Management include: (1) integration of disaster risk
reduction into development programs, (2)
Protection of the public from the effects of disasters, (3) Guarantee the
fulfillment of rights and refugee communities affected fairly and in accordance
with the minimum service standards,(4) recovery from disaster conditions, (5) Allocation
of budget disaster management in the state budget revenues and expenditures are
adequate;(6) Allocation of budget disaster management in the form of ready-made
funds (funds that backed the government is ready to use funds in case of a
disaster), and (7) Maintenance of records / documents authentic and credible
than the threat and impact of disasters.
While the
authority of the Indonesia Central Government in Disaster Management include:
(1) Establishment of disaster management policy in line with national
development policies, (2) Preparation of development plans that incorporate
elements of disaster management policies, (3) Determination of the status of
disaster, national and regional levels; (4) Determination of policy cooperation
in disaster management with other countries, agencies, or other international
parties, (5) Formulation of policies on the use of technology as a potential
source of threat or hazard; (6) Formulation of policies to prevent and control
depletion natural resources exceeds the natural ability to do the recovery, and
(7) Control for collecting money or goods that is national (including the licensing for collecting money or goods that
are under the authority of the national Minister of Social Affairs).
From
the above explanation,
the government
intervention in handling Sidoarjo
mudflow disaster
problems can be summarized as
follows:
Table:
GovernmentIntervervensi Descripiton
InSidoarjoMudflow Disaster
GovernmentIntervervensi Descripiton
InSidoarjoMudflow Disaster
No.
|
Intervention
|
Specification
|
Evaluation Form
|
1.
|
Facilitation
of Policy.
|
Government issuedPresidential DecreeNo.. 13/2006. ThenPresidential
Decree No.. 14/2007, Presidential Decree No.. 48/2008, Presidential
Decree No.. 40/2009, Presidential Decree No.. 37/2012, andPresidential
DecreeNo.33/2013.
|
In principle, government policy regulates matters relating to: the
division of the territory inside and outside of " the Map of Affected
Area", payment mechanisms of buying of land and building assets owned
the victims, basic for BPLS forming,
and guarantee for the allocation of the state budget.
Notes:
(1) This policy suggests that residents as the seller is not as a victim, and
(2) None
of the government would recover social-ecological life which was damaged by Lapindo mudflow disaster.
|
2.
|
Institutional
formation.
|
Forming of PSLs National
Teams then replaced with BPLS.
|
Task: dealing
with the mud flow mitigation efforts, handles mudflow, dealing with social issues and infrastructure.
Note: Focus BPLS in tackling socio-civic issues is still absent.
|
3.
|
Facilitation
of Fund/Budget Allocation.
|
Government to allocate funds through the State Budget: 2007, 2008, 2009, 2010, 2011&2013.
|
Until
2013
the total
budget
allocation
of
Rp6.2trillion. These
funds are mostly used for: payment of the sale of land and buildings owned by the victim's out PAT, closing burst and jetting mud, and handling social issues.
Note: Portions of the budget for social-community problem-handling is still relatively small. |
Conclusions
and Suggestions
From the
description of the results of the study as described above, it can be concluded
as follows:
Social advocacy
to victims of the Lapindo mudflow disaster was performed by NGOs in the form of litigation and
advocacy. Active
NGOs in social advocacy to victims of the disaster of Lapindo mudflow were the Indonesia Forum for Environmental (Walhi) East
Java, and the Foundation of Indonesian Legal Aid (YLBHI).
On the other side, government intervered in the form of making policy, institutional formation, and allocation of
funds. Government policies in an effort to overcome the problems Lapindo
mudflow disaster was stated in the form of Presidential Decree, namely: (1)
of Presidential Decree No.13/2006, (2) Presidential Decree No.. 14/2007, (3)
Presidential Decree No. 48 of 2008, (4) Presidential Decree No. 40 of 2009, (5)
Presidential Decree Number 68 Year 2011; (6) Presidential Decree No. 37 of
2012, and (7) Preidential Decree No. 33 of 2013. From the institutional aspect,
the form of government
intervention manifested by the team formation the Agency of Sidoarjo Mudflow Management
(PSLs), which is then replaced with the Agency of Sidoarjo Mud Mitigation
(BPLS). In terms of budget, the government intervention was realized in the form of Budget allocation policies
in the state budget that has already absorbed about 6.2 trillion rupiah
in 2013.
The
next
research would be highly recommended to observe and study
further all to the
implementation of disaster management in the context of the handling the
Lapindo mud disaster issues, which include: migitasi phase, emergency response,
and recovery phases.
***
Acknowledgements
This research wasfundedby:
Directorate of Researchand Community Services,
DirectorateGeneral ofHigher Education
Ministryof EducationandCultureof the Republic ofIndonesia
This research wasfundedby:
Directorate of Researchand Community Services,
DirectorateGeneral ofHigher Education
Ministryof EducationandCultureof the Republic ofIndonesia
via:
DecentralizationResearchProgram
Directorate of Researchand Community Services,
MuhammadiyahUniversity ofMalang
in 2013
DecentralizationResearchProgram
Directorate of Researchand Community Services,
MuhammadiyahUniversity ofMalang
in 2013
***
[1]Batubara,
Bosman & Utomo, Paring Waluyo.2012. Kronik Lumpur Lapindo: Skandal Bencana
Industri Pengeboran Migas di Sidoarjo. Yogyakarta: INSITPress. P.3.
[2]Prasetia,
Heru; & Batubara, Bosman (eds.). 2010. Bencana Industri: Relasi Negara,
Perusahaan, dan Masyarakat Sipil. Depok: DESANTARA.
[4]Richard
Davies, dkk., ahli geologi dari Universitas Durham, Inggris, menulis dalam
Journal of the Geological Society.
[5]Tempo
Interaktif. Edisi Jumat, 25 Pebruari 2011.
[6]Direktorat
Bantuan Sosial Korban Bencana Sosial, Dirjen Bantuan dan Jaminan Sosial, Depsos
RI. 2004. Pola Penanganan Korban Bencana Sosial di Indonesia.
[7]Peraturan Kepala Badan Nasional Penanggulangan Bencana Nomor 11 Tahun 2008
Tentang Pedoman Rehabilitasi dan Rekonstruksi Pasca Bencana.
[8]Miller, Valerie, & Covey, Jane. 2005. Pedoman Advokasi:
Perencanaan, Tindakan, dan Refleksi. Jakarta: Yayasan Obor Indonesia.
[10]Samuel, John. 2007. Public
Advocacy and People-Centred Advocacy: Mobilising for Social Change.
Development in Practice, Vol.17, No. 4/5 (Aug., 2007), pp. 615-621.
[11]ibid.
[12]Miller, Valerie, & Covey, Jane. 2005. Pedoman Advokasi:
Perencanaan, Tindakan, dan Refleksi. Jakarta: Yayasan Obor Indonesia.
[13]Bennet, Edwars M. (ed.). 1987. Social Intervention: Theory and
Practice. Lewiston & Queenston: The Edwin Mellen Press.
[14]
ibid
[15]Loewenberg, FM. 1977. Fundamentals of Social Intervention: Core
Concepts and Skills for Social Work Practice. New York: Columbia University
Press.
[16]
Ibid.
[17]Direktorat Bantuan Sosial Korban Bencana Sosial, Dirjen Bantuan dan
Jaminan Sosial, Depsos RI. 2004. Pola Penanganan Korban Bencana Sosial di
Indonesia.
[18]Denzin, Norman K.; & Lincoln, Yvonna S. 2009. Handbook of Qualitative Research (terj.). Yogyakarta: Pustaka
Pelajar.
[19]Salim, Agus (peny.). 2001. Teori dan Paradigma Penelitan Sosial:
Pemikiran Norman K. Denzin & Egon Guba, dan penerapannya. Yogyakarta: Tiara
Wacana.
[20]Marvasti, Amir B. 2004. Qualitative
Research in Sociology: An Introduction. London: SAGE Publications.
[21]
Op.cit.
[22]
Op.cit.
[23]Creswell, John W. 2007. Quantitative
Inquiri & Research Design: Choosing Among Five Approaches. London: SAGE
Publications.
[24]ttp://id.wikisource.org/wiki/Surat_Gugatan_Perbuatan_Melawan_Hukum_Kasus_Lumpur_Panas_Sidoarjo.
[25]http://www.tempo.co/read/news/2012/08/14/063423492/Komnas-HAM-Kasus-Lapindo-Adalah-Kejahatan
[26]http://gebraklapindo.wordpress.com/2007/11/28/majelis-hakim-tolak-gugatan-ylbhi-soal-lumpur-lapindo/
[27]http://kabarinews.com/jakarta-mahkamah-agung-tolak-kasasi-ylbhi-atas-kasus-lapindo/33148.
[28]http://www.tempo.co/read/news/2007/02/12/05693046/Walhi-Gugat-Lapindo-dan-Pemerintah (Diakses tgl 23 Pebrauari 2013)
[29]Source:
http://www.bpls.go.id.
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