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M. S. Sinapoy and S. Djalante
severity of extreme weather occurring at sea. As a community group that depends
directly on the quality and quantity of natural resources, they are the groups most
vulnerable to climate change and global warming. That is, Indonesia is experiencing
a very severe climate crisis. The form is in the form of anomalies in sea surface
temperature which warms up at least 26.5 °C in a number of Indonesian waters. The
Meteorology, Climatology, and Geophysics Agency (BMKG) calls this phenomenon
a tropical cyclone. So, it is only natural that the state guarantees human rights for
their protection against the extreme effects of climate change.
Fenemona, for Indonesia as a country that recognizes the universal value of human
rights, has obligations and must protect (to protect), respect (to respect), and fulfill (to
fulfill) basic rights of its citizens, namely education, welfare, health, employment,
security, clothing, and a good and healthy environment. Therefore, human rights
cannot be separated from the talk of justice. Justice according to Cicero is to keep
someone from harming others, except others who have made mistakes. Whereas,
nature has given every type of living thing an instinct to defend its life, avoid loss,
and nature unites humans and other human beings in a common bond through words
(language) and life. This opinion is also in line with the legal teachings of Thomas
Aquinas (1225–1275) that human beings are endowed with three basic obligations
which are the main core of natural law, namely maintaining personal life (personal and
descendants), knowing the truth about God, and maintaining life together in society.
This principle was reiterated by Subhi Mahmassani that human rights essentially
refer to the principles of social responsibility and social justice which are composed
of the principle of justice and are complemented by the principle of balance and
virtue, which ultimately meets the highest values or ideas taught by religion and
morals. Based on the conception of human rights described above, it is very relevant
if the rights to the environment are part of natural human rights which is a gift from
God to mankind. So, it is very relevant if the theory or doctrine of human rights is
associated with various occurrences of disasters that occur due to climate change
and global warming, as actions rather than humans themselves who over-treat nature
and overtake the content contained in the earth just to fulfill wealth satisfaction and
with reasons to increase the economy and the original income of the country/region.
Regarding the issue of climate change, it is also necessary to pay attention to
the results of the Sustainable Development Summit held in Johannesburg, South
Africa in 2002. The principles of sustainable development listed in the UNCED
consist of (1) intergenerational equity; (2) justice in one generation (intragenerational
equity); (3) the precautionary principle; (4) biodiversity protection (conversation of
biological diversity); and (5) internalization of environmental costs (internalization
of the environmental cost and incentive mechanism). Then, one of the results agreed
to support sustainable development is an integrated approach, taking into account
various aspects of danger (multihazard) and inclusion to deal with vulnerability, risk
assessment, and disaster management, including prevention, mitigation, preparedness, response, and recovery which are an important element for a safer world in the
twenty-first century.
Therefore, related to human rights to the environment referred above, giving
and placing the state as a bastion of human rights in the management of natural
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