TANGGUNG JAWAB NEGARA DALAM PEMENUHAN HAK ATAS KESEMPATAN BERUSAHA BAGI FAKIR MISKIN DI MASA PANDEMI CORONA VIRUS DISEASE-19

Abstract

The state has an obligation to prosper all its citizens from poverty as mandated in the
Preamble of the 1945 Constitution of the Republic of Indonesia, including caring for the
poor. As stated in Article 34 paragraph (1) of the 1945 Constitution which states that "The
poor and abandoned children are cared for by the state". Efforts to respect, protect and fulfill
the right to basic needs are state obligations that are carried out in order to be free from
conditions of destitution and poverty. These efforts must be made by the state as a top priority
in national development, including for the welfare of the poor.
The type of research used is normative research, or it can be called library research,
namely conducting a study of the applicable law and how it is in reality in society through
analysis of library data. Data collection techniques in this research using literature studies
by analyzing books, laws and regulations to policy-related studies and other literature.
From the results of the study, it is concluded that, first, the State, in this case the
Government of Indonesia, is responsible for fulfilling the right to obtain business
opportunities for the poor in accordance with Article 17 of Law Number 13 of 2011
concerning Handling the Poor despite the Covid-19 Pandemic, Second, the Government
faces various obstacles in fulfilling business opportunities, including restrictions due to the
COVID-19 Pandemic itself, the large number of people who work in the non-formal sector,
poor data collection on recipients of social assistance, socialization that is not optimal and
cases of corruption by officials against existing assistance.
Keywords: State Responsibility – Poverty – Covid-19 Pandemic