Unlawful Acts by Local Governments in Urban Drainage Management: A Case Study of Waterlogging in Banjarmasin City

Abstract

The recurring phenomenon of waterlogging in Banjarmasin City reflects serious problems in urban drainage governance and the provision of public services by the local government. As a low-lying area characterized by high rainfall, tidal river fluctuations, and sedimentation, Banjarmasin frequently experiences waterlogging at numerous vulnerable locations. Empirical evidence indicates persistent deficiencies in drainage capacity, river siltation, blocked drainage channels, and the absence of a comprehensive and integrated management system. This study aims to examine whether these conditions may be legally classified as unlawful acts by the local government (onrechtmatige overheidsdaad) from the perspectives of administrative law and civil law, particularly in light of the elements outlined in Article 1365 of the Indonesian Civil Code. The research employs a normative legal method, drawing on statutory, conceptual, and case-based approaches, focusing on the waterlogging phenomenon in Banjarmasin. The findings indicate that the local government's negligence in maintaining, supervising, and optimizing the urban drainage system, which has resulted in losses to the community, may satisfy the legal elements of an unlawful act, particularly with respect to fault, damages, and causation. Although geographical conditions are a contributing factor, deficiencies in governance, delays in drainage normalization, and weak oversight of spatial planning reinforce the indication of the local government's legal responsibility. Accordingly, the recurring waterlogging in Banjarmasin is appropriately analyzed as a form of governmental negligence that may give rise to both legal liability and administrative accountability.