The Efforts of Social Services and Empowerment of Village Communities, Banyumas Regency in Managing People With Mental Disadvantages

Everyone has the right to get mental health protection, whether healthy, at-risk, or people with mental disorders. Problems arise when sufferers do not get good care, roaming the streets. The problem of people with mental disorders who are neglected in the Banyumas Regency has not been handled optimally. This study aims to determine the efforts of the Social Service and Village Community Empowerment of Banyumas Regency in dealing with People with Mental Disorders who are neglected on the road and to find out the obstacles experienced by the Banyumas Regency Social and Village Community Empowerment Service in dealing with people with mental disorders who are neglected. The method used is the normative juridical method. Interviews with related parties were conducted to complete secondary data. The results of the study indicate that the government, through the Department of Social and Village Community Empowerment in Banyumas Regency, has carried out management by providing handling and services to People with Mental Disorders who are neglected, homeless, threatening the safety of themselves and/or others and/or disturbing public order and/or security. But not optimal. There are two obstacles in the effort to implement these countermeasures, namely internal and external. Constraints are internal in nature, namely the distribution of personnel who assist in field operations and personnel who have not been balanced. In addition, there is a lack of participation from the surrounding community to report the presence of people with mental disorders who are homeless. Efforts to deal with people with mental disorders can be maximized if cooperation from the Social Service and Village Community Empowerment with the community.


1.
How are the efforts of the Banyumas Regency Village Social and Community Empowerment Service in dealing with people with mental disorders who are neglected? 2.
What are the obstacles experienced by the Department of Social Affairs and Village Community Empowerment of Banyumas Regency in dealing with the problem of dealing with people with mental disorders who are neglected?

III. Research Methods
The method used in this research is a normative juridical method. The data used is secondary data. Secondary data consists of primary, secondary, and tertiary legal materials. Primary legal materials are Law no. 39 of 1999 concerning Human Rights, Law Number 36 of 2009 concerning Health, and Law Number 18 of 2014 concerning Mental Health. Interviews with related parties were conducted to complete secondary data. The presentation of data in the preparation of this research is presented in descriptions, and the methods are arranged systematically, logically, and rationally. The presentation of data in the preparation of this research is presented in descriptions and methods arranged systematically, logically, and rationally.

The efforts of the Banyumas Regency Village Social and Community Empowerment Service in dealing with people with mental disorders who are neglected
Mental disorders are one of the public health problems in Indonesia, especially in Banyumas Regency. Mental disorders are a collection of abnormal conditions both physically and mentally. Mental disorders in various forms are diseases that are often found in all levels of society. One form of the psychiatric disorder with high severity is schizophrenia, and anyone can experience this disease. 6 According to the Ministry of Health of the Republic of Indonesia, mental disorders are changes in mental function that cause disturbances in mental functions that cause suffering to individuals and obstacles in carrying out social roles. 7 Meanwhile, according to Maramis that mental disorders are natural disorders: ways of thinking (cognitive), volition, emotion (affective), action (psychomotor). Mental disorders are a collection of abnormal conditions, both physically and mentally. Abnormalities are divided into two groups, namely: mental disorders (neurosa) and mental illness (psychosis). Abnormalities are seen in various symptoms, the most important of which are tension, feeling hopeless and depressed, restlessness, anxiety, convulsive actions, hysteria, weakness, inability to achieve goals, fear, destructive thoughts. 8 Severe mental disorders are mental disorders experienced by sufferers so that the ability to judge reality is impaired or deficient. Symptoms of this disease can be hallucinations, impaired thinking processes and abilities, often have illusions and strange behavior. Auditory hallucinations often characterize mental disorders. Sufferers hear voices or delusions, comment on the patient's behavior, or even discuss themselves. This hallucination often leads the sufferer to a strange and imaginary self. 9 Human rights are rights that humans have according to their nature, which cannot be separated from their essence and are sacred. In formal human rights law, it is stated in Article 1 paragraph (1) of Law no. 39 of 1999 concerning Human Rights states that: Human rights are a set of rights that are inherent in the nature and existence of humans as creatures of God Almighty and are His gifts that must be respected, upheld and protected by the state, law, government, and everyone. People for the honor and protection of human dignity.
Human rights are rights that are inherent in the nature and existence of humans and are natural as creatures of God Almighty. Therefore, it must be respected, upheld, and protected by the state, law, government, and everyone. The values of equality of freedom and justice in human rights can encourage the creation of an egalitarian society that characterizes civil society. Therefore, the enforcement of human rights is a requirement in creating a civil society. 10 In essence, every citizen has the right to a decent life. Therefore, everyone has the right to get mental health protection, whether healthy, at-risk, or ODGJ.
Law Number 39 of 1999 concerning Human Rights, in considering letter b, it is stated that: Human Rights are fundamental rights that are inherently inherent in human beings, are universal and lasting, therefore must be protected, respected, maintained and should not be ignored, reduced or confiscated by anyone. The article explains that people with mental disorders (ODGJ) have the right to obtain welfare and health services. That has not been fully implemented in practice because the Social Service focuses more on people with mental disorders (ODGJ) who disturb public order. In this case, people with mental disorders get legal protection, especially their rights.
Legal protection explains aspects of legal protection for the people from Governmental Law or Administrative Law, especially regarding the concepts, principles, means of legal protection, and their forms. From the perspective of Administrative Law, legal protection is related to the guarantee that the rights of the people are respected in the context of public services regarding "government actions" based on the principle of the rule of law. In the Indonesian context, Philipus M. Hadjon said that the appropriate term is "legal protection for the people," not "legal protection for the people against the government," such as the concept of Dutch law. The argument of it is that (i) the term "people" already implies the opposite from the term "government"; (ii) the inclusion of "against the government" or "against the actions of the government," gives the impression as if there is a confrontation between the governed people and the government as the ruler such a view is against Pancasila, the philosophy of life of our country which views the people and the government as partners in realizing country ideals. 11 The definition of human rights as legal rights has a broader meaning, not only natural rights or moral rights but also includes legal rights made by competent bodies within the state. What is meant by rights in the discussion of human rights is defined as an environment or area of freedom of action where the government does not impose restrictions, thus allowing individuals or individuals to choose for themselves. Therefore, rights mean limiting the sovereign power of the government. 12 Human rights subjects are humans as individuals and groups as rights holders and the state as duty-bearers for the implementation of human rights.
Rightsholders are human beings as individuals or groups who have rights that must be respected, protected, and fulfilled by the state. Rightsholders can be broken down into various target groups, namely: women, children, youth, indigenous peoples, the elderly, people with 9 Lunn, B, Schizophrenia. Psychiatry by Ten Teachers, Second Edition, (2017), 102-113.  The government's obligation to fulfill the right to health as a human right has an international juridical basis in Article 2 paragraph (1) of the Convention on Economic, Social, and Cultural Rights. Article 28 I paragraph (4) of the 1945 Constitution states that the protection, promotion, enforcement, and fulfillment of human rights are the responsibility of the state, especially the government. This government obligation is also confirmed in Article 8 of Law Number 39 of 1999 concerning Human Rights. Law No. 36 of 2009 concerning Health, Article states that the government is tasked with organizing health efforts that are evenly distributed and affordable by the community. Law No. 36 of 2009 concerning Health states Article 9 that the government is responsible for improving health status.
Law of the Republic of Indonesia Number 36 of 2009 concerning Health Article 149 paragraph (2) which states that "the government, regional government, and the community are obliged to carry out treatment and care in health service facilities for people with mental disorders who are neglected, homeless, threaten their safety and/or other people, and/or disturbing public order and/or security.'' From the statement of Article 149 paragraph (2), we can see that treatment and care must be given to people with mental disorders who are neglected, homeless, and threatened their safety and/or other people. Others and/or disturb public order and/or security. The article also explains that one of those who carry out treatment and care is the local government. The legal basis regarding the rights fulfillment of people with mental disorders is also found in the (1), Mental Health is a condition in which an individual can develop physically, mentally, spiritually, and socially so that the individual is aware of his abilities, can cope with pressure, can work productively, and able to contribute to their community. In article 80, it is also explained that "The Government and Regional Governments are responsible for managing ODGJ who are neglected, homeless, threatening their safety and/or others, and/or disturbing public order and/or security. " In the Law Number 18 of 2014 concerning mental health, Article 4: Mental health efforts are carried out through promotive, preventive, curative, and rehabilitative activities. As referred to in paragraph (1), mental health efforts are carried out by the Government, Regional Governments, and/or the community. Article 80 The Government and Regional Governments are responsible for managing ODGJ who are neglected, homeless, threatening their safety and/or others, and/or disturbing public order and/or security. The health law does not apply to social services, especially treatment and care. The social service only provides supervision in the form of quarantine, and then it is taken to the Banyumas Hospital for a health check. After that, People with Mental Disorders (ODGJ) were brought to the Dikduk Capil for identity checks. If their identity is not found, then People with Mental Disorders (ODGJ) are sent to an orphanage owned by the Central Java Provincial Government in Semarang.
The 1945 Constitution affirms that the Republic of Indonesia is a state based on the principle of law (rechstaat). As a state of law, Indonesia always upholds human rights, which guarantees that all its citizens have the same position before the law and the government without exception. One that has professional social workers in providing services to People with Mental Disorders is the Social Service. The Department of Social Affairs has the task of assisting regional governments in carrying out government affairs in the social sector, which 13 Firdaus,Pemenuhan Hak Atas Kesehatan Bagi Penyandang Skizofrenia Di Daerah Istimewa Yogyakarta (RightsFulfillment on Health of People With Schizophrenia In Special Region of Yogyakarta), JIKH, Vol. 10, No. 1, 2016, 87 -103. UMPwt. L. Rev. 3 (1): 83-92 DOI: 10.30595/umplr.v3i1.11282 [88] are the authority of the regions. It also implements and develops social security for people with physical and mental disabilities, older adults who are not potentially neglected from vulnerable and underprivileged communities.
Every human being has rights that need to be upheld, one of which is legal protection for the presence of mental disorders, where someone who has a mental disorder has the right to get the right to obtain protection, welfare, and health as it should be. Based on the research results at the Department of Social Affairs obtained data in the form of ODGJ, which has been handled as follows: Based on the results of interviews that have been conducted, cases of people with mental disorders (ODGJ) that have been handled by the Department of Social Affairs and Village Community Empowerment in Banyumas Regency every year go up and down. In 2017 there were 17-19 cases of ODGJ that the Social Service had handled. In 2018 the cases decreased to 15 cases of ODGJ that the Social Service, in 2019 had handled there were 12-15 cases of DGJ that had been handled by the Social Service, in 2020 there were 8-10 cases of ODGJ being handled by the Social Service and in 2021 from January-May there were only 11 cases of ODGJ that had just been handled by the Department of Social Affairs and Village Community Empowerment, Banyumas Regency. 14 Receiving ODGJ shipments from the Satpol PP.
If they do not get an identity for 10 days at the Banyumas Hospital, then the ODGJ will be taken to the Dikdul Capil for fingerprints.
If the identity of the ODGJ is obtained, the Social Service will contact the district from which the ODGJ originates.
If they do not get an identity, then the ODGJ will be sent to an social homes owned by the Central Java Provincial Government in Semarang.
The Efforts of Social Services and Empowerment of Village Communities...

Agung Nur Khasan
[89] Based on the results of interviews that have been carried out, the efforts made by the Department of Social and Village Community Empowerment in Banyumas Regency in dealing with People with Mental Disorders only catch or take care of abandoned People With Mental Disorders (ODGJ) who make trouble or rage on the streets which causes residents to be restless about the existence of People with Mental Disorders. The Department of Social Affairs and Village Community Empowerment in Banyumas Regency by receiving ODGJ shipments that were neglected, receiving ODGJ based on the results of the Satpol PP arrests. After receiving the ODGJ, they were then taken to Banyumas Hospital to conduct mental health checks to find out the health and identity of the ODGJ for ten days if his condition had slightly recovered. Then, their identity is asked, if the data is obtained, the next step is to take him to the Dikduk Capil to take fingerprints to find out the identity of the neglected ODGJ; if identity data is obtained, the Social Service will contact the district of origin of the ODGJ. If no identity is found, the last step will be sent to an orphanage owned by the Central Java Provincial government in Semarang. 15 Spicker argues that the welfare state can be defined as a social welfare system that gives the state (Government) a more significant role to allocate part of public funds to ensure the fulfillment of the basic needs of its citizens. Meanwhile, Husodo stated that the Welfare State is briefly defined as a country where the state government is considered responsible for ensuring a minimum standard of living welfare for every citizen. According to Esping-Anderson, the welfare state refers to the active role of the state in managing and organizing the economy, which includes the responsibility of the state to ensure the availability of essential welfare services at a certain level for its citizens. 16 With this effort, the Social Service is responsible for protecting people with mental disorders (ODGJ) who are neglected. According to Hans Kelsen in his theory of legal responsibility, responsibility is that "a person is legally responsible for a specific act or that he bears legal responsibility, legal subject means that he is responsible for a sanction in the event of an act is contrary to law. 17

2.
Obstacles of the Banyumas Regency Village Social and Community Empowerment Service in dealing with the problem of dealing with people with mental disorders (ODGJ) Obstacles of the Banyumas District Social and Village Community Empowerment Service in dealing with people with mental disorders is legal protection for people with mental disorders who wander on the streets so that ODGJ can fulfill their rights under statutory provisions. Yet, the Banyumas District Social Service, in carrying out the countermeasures, encountered several obstacles and obstacles. 2 things become obstacles experienced by the Department of Social Affairs, namely internal and external constraints.
The obstacles experienced by the Social Service and Village Community Empowerment of Banyumas Regency in carrying out the countermeasures are the distribution of personnel who assist in field operations and the unbalanced personnel from the Social Service. The need for operational field personnel has not yet referred to the workload and aspects of regionalbased services. Currently, almost all operational officers have a high workload with multiple programs or jobs, so they do not focus on completing work The external obstacle experienced by the Department of Social Affairs and Village Community Empowerment in Banyumas Regency in dealing with ODGJ is the lack of awareness of the surrounding community. The lack of public awareness in question is public 15 Interview with Eka, July 7, 2021 at the Office of Social Affairs and Village Community Empowerment, Banyumas Regency operational field personnel has not yet referred to the workload and aspects of regionalbased services. In comparison, the external obstacle is the lack of awareness of the surrounding community. Lack of public awareness to report the presence of homeless ODGJ and public awareness to take care if one of their family members is found to suffer from mental disorders. They tend to ignore and don't want to take care of them so that eventually, the family members leave the house and wander on the streets. VI.

1.
The Banyumas Regency Social and Village Community Empowerment Service is faster and more proactive in dealing with the problems of people with mental disorders who are neglected on the road 2.
Availability of communication facilities that accelerate people's handling of mental disorders is abandoned on the road that interferes with community activities.