PROTECTION AND COMPLIANCE OF HUMAN RIGHTS OF RESIDENTS AFFECTED BY THE SEMERU ERUPTION

: The eruption of Mount Semeru had a major impact on the surrounding communities affected. Not only about health, but these natural disasters also affect other aspects such as the economy, education, clean water facilities, and residential areas. The fulfilment of these rights is actually regulated in the International Covenant on economic, social, and cultural matters. Any country subject to such rules is insufficient to grant the right to access Education. Still, the state is obliged to provide Educational facilities, and the existing social and Educational facilities will necessarily suffer damage due to natural disasters. From these problems, this study aims to understand and elaborate on legal responsibility, protection and fulfilment of human rights for residents affected by the Semeru eruption. The method used in this research is Socio-Legal based legal research with an approach of Participatory Action Research (PAR).

who are victims of semeru eruptions are faced with complex situations both physically, psychosocially or psychologically, and their communication. After the disaster, of course, the fundamental problem that needs attention is the safety and physicality of the victims (Mannakkara & Wilkinson, 2014). Inhibition of fulfillment of basic needs such as eating/drinking, clothing, and housing, as well as other needs such as health, education, public facilities, social conditions, and poor environmental sanitation resulting in discomfort and can even become a source of disease. The loss of property makes the victim even worse, this is exacerbated because search sources (such as farmland and plantations) are also damaged.
The compelling conditions made the victims finally choose to evacuate. Of course, not everyone can accept the refugee camp. The United Nation Hight Commission for Refugees (UNHCR) provides definitions and limitations related to it (CHIMNI, 1993). It is stated that those who are categorized as refugees are those who leave their homes because there are things that are emergency and coercive, including natural disasters, getting to a place that feels safer.
The inherent status of each person who is a refugee has influenced his position and role in the social order. Refugees are considered a vulnerable group and deserve special attention as a result of disasters that put them in a space of helplessness (Rajaram, 2002). However, this does not necessarily make them a social group that is numbered (Tri Ananda et al., 2019). We can look at the guidelines made by the UN humanitarian affairs coordinator (OCHA). That there are five (5) basic things related to protection for refugees victims of disasters, namely; a. General Protection, such as the right to equality before the law, freedom of speech, freedom from discriminatory actions, and special protection, especially children, pregnant women, women who are the head of the family, the elderly, and disability groups b. Protection against the potential coercion of discriminatory refugees, such as coercion to evacuate on the basis of differences in race, color, ethnicity, religion, and political views. c. Protection from crimes, such as murder, theft, incarceration, violence, robbery, hostage taking, rape, torture, sexual abuse, and exploitation. Moreover, all refugees also have the right to know about the whereabouts of their families, or proper funerals when they die. d. Humanitarian assistance in the form of meeting food needs, such as food, clothing, health or medicine, education, and population administration services. e. Assistance in repatriation, relocation and integration with the place where the refugee is located.
Some of the things mentioned above are the main foundation for several things that are the rights of refugees. Of course, the big question is, who is obliged and has the responsibility to carry out all the fulfillment of these rights. As well as how it looks the responsibility of the state for natural disasters that befall its citizens. On this basis, it should be necessary to conduct an in-depth study related to the Protection and Fulfillment of Human Rights of Residents Affected by the Semeru Eruption.

II. RESEARCH METHOD
Banakar dan Travers (Banakar & Travers, 2005) said the socio-legal approach is an interdisciplinary approach. The goal is to combine all aspects of the perspectives of 1 discipline, social sciences and legal sciences, into a single approach. Because of such an approach, the sociolegal goal is to completely combine the knowledge, skills, and forms of research experience of two (or several) disciplines in an effort to overcome some of the theoretical and methodological Achmad Hariri, et.al pp. 121-131 E-ISSN : 2723-2476ISSN : 2723-1968  Human Rights Article 29 paragraph (1) states that: Everyone has the right to the protection of personal self, family, honor, dignity, and property rights". The human rights instruments are as follows;

Protection of Human Rights of Residents Affected by the Semeru Eruption
Every individual has an obligation to be active in giving maximum happiness to others. Every individual also has human rights that require the implementation of human rights. For example, in Indonesia, a number of regions often face natural disasters. This disaster even became a routine occurrence, not just once a year, but up to several times. People who live in disaster sites memorize the times when disasters come.
According to research jon and United Nations International Strategy for Disaster Reduction (UNISDR; United Nations Agency for the International Strategy for Disaster Risk Reduction), that Indonesia is the most vulnerable country to natural disasters in the world (Nasution et al., 2020). Various natural disasters come every year in several parts of Indonesia, ranging from floods, landslides, forest fires, earthquakes, social conflicts, volcanic eruptions, and others (Ali et al., 2019). In relation to disasters that occur, the Government is responsible for the implementation of disaster management covering 1. disaster risk reduction and disaster risk reduction mixing with development programs; 2. protection of the community from the impact of disasters; 3. guarantee the fulfillment of the rights of communities and refugees affected by disasters in a fair manner and in accordance with minimum service standards; 4. recovery of conditions from the impact of disasters; 5. allocation of disaster management budgets in an adequate State Budget; 6. allocation of disaster management budget in the form of ready-made funds; and 7. maintenance of authentic and credible archives/documents from the threat and impact of disasters. In 2006, the Inter-Agency Standing Committee (IASC) adopted the Operational Guidelines and Manuals for Protecting People Affected by Natural Disasters (IASC Operational Guidelines). Its purpose is to promote and facilitate a human rights-based approach to disaster management by translating human rights principles, norms, and standards into practical steps to help states, nonstate actors, and the community to understand the relationship between human rights and disaster management. The relationship between human rights and the handling of natural disasters. The IASC Operational Guidelines stand on the basic values that communities affected by disasters have human rights human beings and basic freedoms. The IASC Operational Guidelines categorize human rights in disaster situations into four parts, namely: First, Rights related to physical security and integrity (for example, protection of the right to life and the right to be free from violence, rape, arbitrary detention, kidnapping, and intimidation). Second, Rights related to basic necessities for life (e.g., the right to food, drinking water, shelter, adequate clothing, adequate health services, and sanitation). Third, Rights relating to economic, social and cultural protection needs (e.g., the right to access education, to receive indemnity or compensation for lost property, and the right to work). Fourth, Rights relating to the needs of civil and political rights protection (e.g., rights to freedom of religion and freedom of speech, personal documentation, political participation, access to courts, and freedom from discrimination).

Fulfillment of Human Rights of Residents Affected by the Semeru Eruption
Legal protection is an effort to guarantee and protect the legal rights of the community (Prakasa et al., 2021) (Aditya & Al-Fatih, 2020). In the case of disaster, legal protection can be translated as: a. guarantee of the right to life and maintain life and life, as specified in Article 28A of the 1945 Constitution; b. guarantee of the right to live a prosperous life born and inwardly, to live, and to have a good and healthy living environment, as well as to obtain health services, as specified in Article 28H paragraph (1) of the 1945 Constitution Legal protection is organized as a systematic and integrated effort. Likewise, the implementation of disaster management includes activities: 1) disaster management planning; 2) disaster risk reduction; 3) prevention; 4) mixing in development planning; 5) disaster risk analysis requirements; 6) implementation and enforcement of spatial plans; 7) education and training; and 8) requirements of disaster management technical standards. Leading to several aspects of these activities, the implementation of disaster management as a form of legal protection from the State includes three dimensions of concepts, namely: a. disaster management as a comprehensive and proactive effort starting from disaster risk reduction, emergency response, and rehabilitation and reconstruction; b. disaster management as an effort jointly carried out by stakeholders with complementary roles and functions; and c. disaster management as part of the development process so as to realize resilience to disasters. The participatory approach model is effective in helping citizens recover while empowering communities, building a sense of ownership, and to maintain sustainability. According to Mrs. Rika, as a resident affected by the disaster, she said, "I don't understand for economic problems, only those affected by the eruption of Mount Semeru will be relocated to the source of efficacy or to Pronojiwo and the area around Sidomulyo. Now that's where he says it will be filled with economic and social problems. Meanwhile, residents who are affected such as lost houses are still indecisive about whether to move or not, because they have food clothing there. Even if it moves, Achmad Hariri, et.al pp. 121-131 E-ISSN : 2723-2476ISSN : 2723-1968ACLJ, Vol.3, Issue 3, 2022 it is still thinking about whether it will be fulfilled forever while the government is still gray on the issue" The first time the eruption of government assistance was fast, such as logistics, tents, and Health so logistically it was good Only the back is still lacking. He also added that the Actions taken by the government at the time were felt to be very helpful, such as providing emergency tents and so on. Food and clothing is also filled with the existence of a Public Kitchen. As for Mr. Bambang: "For our economy, it is enough to start from basic necessities and other necessities of life. Then it is also given protection such as a Long-shaped shelter, and is used for all victims. The fulfillment of family needs is also expected to have temporary shelters such as family boarding houses, thus family relationships are normal". Meanwhile, from a legal point of view, that whatever assistance is given is distributed equally but also not all assistance is distributed. Like rice is distributed a certain time, for example, once a week it is distributed in a certain amount. We hope that it will be fulfilled and also not overdone. So that what is distributed is really utilized as much as possible by refugee families.
Government intervention provided through the data collection of refugees who are actually affected by the eruption, because even the displaced persons can actually be divided into several categories. First, there are those who really feel the direct impact of the semeru eruption. Second, the residence was near the area affected by the eruption, but the residents experienced deep fear and traumaticism. Third, it is that residents who are far from the eruption site, do not feel the impact, but because of the potential for themselves to also become victims, which in the end encourages them to participate in the outbreak. From this fact, more accurate data is needed and people who are properly handled are accommodated and relocated prepared. especially to those who really need it. Others are strengthened so that they will not feel afraid, worried, and immediately able to carry out life normally. Local community leaders also placed emphasis on strengthening the incumbent to remain patiently waiting for the completion of the temporary residential relocation.
One of the things that becomes urgency is related to the fulfillment of the fundamental rights of each victim. Data released by MDMC Lumajang, as of January 06, 2022, at least from each village there are 10 families who receive logistical assistance. Especially in the settlement of renteng village, oro-oro ombo village, Pronojiwo district, Lumajang. Meanwhile, a larger number is found in Kalilengkong Hamlet, because in that place there are 25 families displaced in 13 houses of survivors. With the division of the category table as follows; During the emergency period, logistical needs, temporary shelter tents, and medical equipment have been provided to residents. Of course, the main problem is related to the accuracy of the target of assistance with what is needed by each family. The existence of a soup kitchen is an important buffer to meet the food needs of residents. One of the other problems is related to the availability of needs, so that not all assistance needed by the community can be carried out properly, there are considerations of time and energy, this is done to ensure the equitable distribution of the assistance.

IV. CONCLUSION
Vulnerability to human rights violations in natural disaster conditions including basic rights such as the right to education, access to health, social assistance, clean water facilities, and decent housing, including the right to information needs to be an important concern. Because it is guaranteed by the EKOSOB covenant. Efforts to fulfill human rights are absolutely absolute and are not allowed to be discriminated against. In addition, it is also necessary to emphasize the state's commitment to oversee the fulfillment of EKOSOB rights as regulated by the constitution and the Human Rights Law. This is intended so that people's rights can be fulfilled as appropriate including knowledge about the protection, respect, and fulfillment of the right to education and legal mechanisms for violations of EKOSOB rights, especially for residents affected by the Semeru eruption. Not only the state, the active participation of the Indonesian people to oversee the fulfillment of rights must also be prioritized to avoid potential violations and arbitrariness by the state.

V. ACKNOWLEDGMENTS
Researchers would like to thank all parties who have helped for the implementation of this research. Especially to the people who were victims of the Semeru eruption, and donors who have funded this research.