Penanggulangan Kemiskinan dalam Perspektif Kepastian Hukum dan Keadilan Sosial

Abstract

Poverty remains a multidimensional problem that affects the fulfillment of fundamental social rights, including access to education, healthcare, social security, and economic opportunities. This study aims to analyze the synchronization and consistency of poverty alleviation regulations with the constitutional mandate of social justice under Article 34 of the 1945 Constitution of the Republic of Indonesia and to formulate a legal protection framework for impoverished communities in ensuring legal certainty. This research employs normative legal research using statutory and conceptual approaches. The analysis focuses on laws and regulations governing social welfare, social security, and poverty alleviation policies through the perspectives of social justice theory, welfare state theory, and legal certainty theory. The findings indicate that, vertically, poverty alleviation regulations are generally consistent with constitutional mandates. However, horizontally, regulatory fragmentation, overlapping institutional authority, weak policy integration, and the absence of enforceable legal remedies continue to hinder the realization of substantive social justice. Furthermore, existing legal protection mechanisms have not fully recognized social rights as enforceable rights. Therefore, legal reform is required through regulatory harmonization, the establishment of minimum welfare standards, strengthened state accountability, and the adoption of a rights-based approach in poverty alleviation policies.