Disaster Management Law Research Articles

Analysis of strengthening disaster risk financing within the framework of disaster management policy in Indonesia

This research analyzes disaster risk financing within the framework of the disaster management policy in Indonesia as the implementation of the Disaster Management Law, Number 24 of 2007, by examining recent issues, challenges, and opportunities in disaster financing. Utilizing a qualitative approach, the research systematically reviews various studies, reports, and existing regulations and policies to understand the current landscape comprehensively. Recent developments in disaster risk financing in Indonesia highlight the need for a nuanced exploration of the existing policy framework. Fiscal constraints, evolving risk landscapes, and the increasing frequency of disasters underscore the urgency of effective disaster risk financing strategies. Through a qualitative examination, this study identifies challenges while illuminating opportunities for innovation and improvement within the current policy framework. The contribution of this research extends to both theoretical and practical levels. Theoretically, it enriches the academic discourse on disaster risk financing by offering a nuanced understanding of the complexities involved. On a practical level, the findings derived from the examination provide actionable recommendations for policymakers and practitioners engaged in disaster management in Indonesia. The insights aim to inform the refinement of disaster management policies and practices, fostering resilience and adaptability in the face of evolving disaster scenarios.

Sustainable development study of the post-disaster housing resettlement case in Yogyakarta Province, Indonesia case study: Nglepen Village and Pagerjurang Village

According to Government Regulation No. 21 of 2008, chapter 67, article 3, the Government of Indonesia promotes community involvement in the post-disaster housing recovery act. The resettlement case in Nglepen Village and Pagerjurang Village is categorized as a rapid and massive recovery based on a contractor-based strategy due to limited land availability, budgetary constraints, post-disaster emergency conditions, and the government’s responsibility to provide large numbers of sufficient housing units. In specific circumstances, the condition of the relocation houses will typically not be able to meet the needs of most residents. This study emphasized the sustainable development of the two case studies and highlighted different private residential housing types: 1) a dome-shaped reinforced structure house in Nglepen and 2) a conventional reinforced concrete structural frame house in Pagerjurang. The two different structural housing system types will affect the sustainable development of the housing condition. Field surveys and interviews were conducted in 2022–2023 to collect the primary data, and study of literacy was used to support the findings and analyzed through a descriptive qualitative method. The sustainable development in the case study relocation area is mainly influenced by aspects such as the economic sector, development priorities related to the residents’ activities and needs, and the adaptive design strategy between old and new buildings. According to the disaster management law and derivative regulations, the Government of Indonesia has sought ideal conditions for disaster-affected residents in the relocation and reconstruction processes. The study’s conclusions suggested that the government, beneficiaries, and all stakeholders must collaborate to improve post-disaster housing and settlement relocation planning and reconstruction in the future by involving the residents in the process of deciding on the location, managing the development, and creating comprehensively sustainable development guidelines for the people’s houses and its living environment.

A comparative study of earthquake disaster management laws between USA and Indonesia.

The findings of this study are expected to serve as evaluation material and to improve government effectiveness in dealing with natural disasters.

Menakar Paradigma Penanggulangan Bencana Melalui Analisis Undang-Undang No. 24 Tahun 2007 Tentang Penanggulangan Bencana

This study discusses the paradigm used by the Indonesian government in making domestic disaster management policies through analysis of Law No. 24 of 2007. Institutions in the National Disaster Management Agency (BNPB) have developed policies related to the development of issues of change and developments in domestic and international politics. This writing aims to analyze the paradigm used by the Indonesian government in making policies on domestic disaster management through analysis of Law No. 24 of 2007. The author uses the content analysis method in analyzing these laws. Analysis was carried out on five indicators; actors, authority, budget, governance, and output that represent three paradigms; realism, liberalism and constructivism. Based on the results of the analysis, the Disaster Management Law is highly dependent on the paradigm of realism.

An Examination of the Humanitarianism-Disaster Management Nexus in Tanzania’s Policy and Legal Framework

The use of law, the main tool for implementing policy, to regulate and coordinate disaster management, preparedness and response systems features in many jurisdictions. Also, international guidance on the use of effective laws and policies, which emphasize taking on board critical stakeholders, including humanitarian responders is available. Consequently, the government of Tanzania has promulgated a new disaster management law as part of a wider reform of the legal framework to regulate disaster management and response systems which seek to involve stakeholders at all stages. This article analyses the extent to which the restructured legal framework and supporting policy address humanitarian responders who provide informal assistance, often before formal government intervention. The article traces the history of disaster management policies and laws in the country in the context of the humanitarianism – disaster management nexus. It focuses on the aftermath of the earthquake that ravaged Kagera Region in Bukoba district in the northern west part of the country in September 2016. This analysis is supported with field data from Bukoba district. The findings reveal that the legal framework for regulating disaster management and response system does not reflect international and regional clarion calls for engaging informal humanitarian responders. Recommendations on how this gap can be addressed are provided, laying emphasis on incorporating the clarion calls in order to improve the country’s legal and policy framework for disaster response and management systems.

중국 재난관리 법제의 과제

This study tried to examine the disaster management failures that appeared in the process of the lockdown of China's large cities, Wuhan and Shanghai due to COVID-19, based on China's disaster management law, Emergency Response Act. COVID-19 is a respiratory infectious disease that directly threatens the lives of all mankind, and is acting as a major obstacle to the development of the global society through exchanges and cooperation that have been carried out since the beginning of time. The largest global recession since World War II, disrupting production and supply chains, restricting movement for exchange and cooperation, and resulting in shrinking consumption and employment shrinkage in closely intertwined political and economic problems. brought Humanity has reached the era of the 4th industrial revolution based on science and technology, and in the global pandemic of COVID-19, it has proven that no country can be free from it. Paradoxically, if a new respiratory epidemic like COVID-19 emerges again, it paradoxically disproves that individuals or countries cannot survive alone. Since the early 2000s, China has also experienced an increasing frequency of epidemic disasters that spread across China in an instant, and in the future, there will be another unknown and huge epidemic. It was a lesson learned at the cost of enormous human and material damage that China's initial response to COVID-19 was the most reliable means of response. After the lockdown in Wuhan on January 23, 2020 and Shanghai on March 28, 2022, a pandemic continued, and mutations continued after the lockdown was lifted on June 1, The reality is that sporadic infections continue and have not been declared an endemic. The initial failure to respond to public health incidents is a sudden event, and it can be said that it is a task of the Emergency Response Act, a legal system that manages not only COVID-19 but also new respiratory infectious diseases in the future. China's public health and medical system played an important role in the process of coping with COVID-19, but it also exposed its shortcomings. This paper tried to suggest an improvement plan by deriving the problems that appeared according to the stages of COVID-19 management for disaster management stipulated in the Emergency Response Act, China's basic disaster law.

재난 시 소셜미디어 사용지침(ISO 22329: 2021) 국제표준의 활용방안 연구

This study aimed to investigate how to utilize ISO international standard (i.e., Guidelines for Using Social Media in Emergency: ISO 22329) in Korea. The research method was systematic literature review. In so doing, the paper initiated to examine the Framework Act on Korean Disaster and Safety Management, the requirements of ISO 22329, and other disaster management laws in the nation. The result was that Korea could not address the process of emergency operation, appropriate procedure establishment, and emergency monitoring system. In addition, the extent of cooperation among social media experts was not satisfactory. Hence, this paper strongly advocated for the importance of social media standards during the occurrence of various emergencies. In the future, we hope than research on imporving emergency response by using social media standards will continue.

이태원 참사」 후 재난관리 법제의 재검토

Since the Itaewon disaster on October 29, 2022, Korea unfortunately has been an opportunity to look back on disaster management. Due to its nature, the Disaster Management Laws always provide a big issue from unexpected accidents. The current constitution is stipulated “The State shall endeavor to prevent disasters and to protect citizens from harm therefrom.” in Article 34(6). This means that the state has the obligation to protect people from life-threatening hazards in natural disasters and industrial societies and there are various individual actual laws, including 「Framework Act on the Management of Disaster and Safety」. Disasters are stipulated in various areas of the legal system as they have the properties of occurring in various forms and times in various places. Therefore, Korea's disaster-related laws lack connection with each other, and there are various ministry-specific management organizations, so they do not have a unified systematic and unified organization to respond to disasters. There is criticism that the Framework Act on Disaster and Safety Management does not sufficiently perform its status and role as a basic law on disaster preparation. There is a need for the legislation on disaster management to clarify the concepts and contents related to disaster and safety, and to systematically organize safety-related legislation. As a way to improve the legislation on disaster management, the concept of legal terms that can overcome the abstraction of safety-related concepts should be unified and clear among disaster-related legislation. From this, systematization between laws and regulations should be achieved to eliminate confusion in the application of the law. Organizational law requires the establishment of a safety system and the completion of a legal system through cooperation between the central and local governments to respond to disasters for the safety of the people, and it is also important to establish a private cooperation system in responding to disasters. In practice, basic rules such as disaster response behavior rules of structural Organizations with efficiency and speed should be prepared in detail.

Challenges of Local Disaster Management Agencies (BPBD) in Realizing Inclusive Disaster Management in Indonesia

The Indonesian government, through the Disaster Management Law, has delegated the National Disaster Management Agency (BNPB) at the central level and Local Disaster Management Agencies (BPBD) at the regional level to organize inclusive disaster management. However, the role of BPBD in realizing this has not yet been optimally executed. This can be seen from the low of score Indonesian inclusiveness index and the assistance interventions provided to vulnerable groups that do not match their needs. This research aims to understand the complex issues experienced by vulnerable groups in Indonesia and identify various challenges faced by BPBD in achieving inclusive disaster management. This research uses a qualitative method that Research data was obtained through in-depth interviews, with research informants coming from three regions, namely BPBD Sleman Regency, BPBD South Lampung Regency, and BPBD Sigi Regency. To strengthen the analysis, data triangulation was conducted by analysing secondary data from various sources, including academic publications, policy papers, legislation, and mass media. The research results show that the number of vulnerable groups in Indonesia is huge, 37% of the population. This significant number requires attention and specific treatment that aligns with their characteristics and needs. At the implementation level, BPBD faces various challenges, including the lack of data categorization for vulnerable groups at the regional level, insufficient budget allocation for institutional strengthening, a shortage of human resources capacity, suboptimal coordination among government agencies, and limited participation of vulnerable groups in disaster management activities.

Disaster Mitigation in Coastal Areas: Perspective of the Indonesian Spatial Planning Law

This article is a critical analysis on spatial planning with regard to disaster mitigation in coastal areas. The author explores the concepts and regulations of disaster mitigation and spatial planning in Indonesian coastal areas to identify how spatial planning works in terms of disaster mitigation in coastal areas and the roles of stakeholders in disaster mitigation in coastal areas in the context of the spatial planning law. This normative legal research was conducted by examining secondary data from relevant books, journals, and published documents. This study finds out that, first, according to the Spatial Planning Law, Management of Coastal Zone and Small Islands Law, Disaster Management Law, Job Creation Law, and their derivative regulations, there have been regulations mandating spatial planning as a non-structural mitigative measure with regard to disaster management in coastal areas. Second, in terms of spatial planning and disaster mitigation, the government is the dominant stakeholder, while the role of non-government stakeholders is not expressly provided for which may eventually result in "tokenism" participation in disaster mitigation in coastal areas.

Challenges of Checks and Balances in Disaster Management in Indonesia

This study discusses the importance of checks and balances in disaster management in Indonesia. The context of a disaster is one of the states of emergency conditions that provides discretionary opportunities. However, the concept of checks and balances in disaster management has not yet been constructed in the Disaster Management Law. The inclusion of a checks and balances clause in the disaster management act is very urgent due to three reasons: First, preventing abuse of power from the Government in an emergency, second, involving the central and regional legislative bodies to evaluate the emergency status within a certain period and third, to ensure accountability and transparency in governance. Using a juridical-normative approach complemented by case studies, this study examines the formula of checks and balances in disaster management in Indonesia which is expected to strengthen the rule of law even in an emergency disaster.

Perlindungan Hukum terhadap Konsumen atas Pembatalan Tiket Keberangkatan Pengangkutan Udara Akibat Pandemi Covid-19

One of the public transportation sectors affected by the COVID-19 pandemic is air transportation. Many cities or countries have imposed a system of lockdown or social distancing in their territory, resulting in almost all flights being cancelled. The purpose of this study is to analyze the form of legal protection for consumers who experience cancellations due to the COVID-19 pandemic? And discussed the form of responsibility of the air transportation company towards the obligation to refund air transportation departure tickets that were canceled due to the covid-19 pandemic. This study uses normative law as its method with conceptual and legislation as its approach. There are three sources used in this research, namely primary, secondary, and tertiary legal materials. The legal materials contain the 1945 Constitution, the Criminal Code, the Consumer Protection Act, the Aviation Law and the Disaster Management Law, the Minister of Transportation, Government Regulations, legal journals, and other legal-related literacy. These materials are collected by means of recording techniques, file systems, and document studies which will later be analyzed systematically. The forms of legal protection listed in the results of this study show a form of legal protection for consumers who experience cancellation of departures due to the COVID-19 pandemic in the form of rights and consumer obligations described in Law no. 1 of 2009 regarding Aviation and Law no. 8 of 1999 regarding Consumer Protection. The responsibility of the air transportation company for the obligation to refund flight departure tickets that were canceled due to the covid-19 pandemic is to apply a refund mechanism in the form of vouchers

The Indonesian Government's Inconsistency in Handling The Covid-19 Pandemic

A clear legal umbrella is a basis for the effectiveness of a policy, including in dealing with the Covid-19 pandemic. However, the inconsistency of the legal umbrella in giving birth legal uncertain, and the public becomes confused. This research aims to critique the Indonesian government's attitude in dealing with the Covid-19 pandemic, which began in early 2020 due to the legal umbrella's inconsistency in enforcing different and ineffective legal sanctions at the central government and local governments. The research method used is normative research with a statutory approach. In contrast, the research explained in a descriptive-qualitative way. This research shows that the government considers the Covid-19 pandemic a non-natural disaster and does not lockdown. Meanwhile, the legal umbrella used is the health quarantine law, which requires implementing public health emergencies, almost the same as lockdowns. On the other hand, the Large-Scale Social Restriction (PSBB) policy has a legal basis for a health quarantine law. At the same time, the Covid-19 pandemic situation is a non-natural disaster that should refer to the disaster management law. Furthermore, other results also show ineffective enforcement of legal sanctions, such as criminal sanctions in regional head decisions that can not enforce because PSBB only includes administrative sanctions. In conclusion, the inconsistency of the legal umbrella in dealing with the Covid-19 pandemic is very detrimental to the community due to limited human rights, which can lead to legal uncertainty and public distrust of the government.

The Problematic of Disaster Management Law and Policy in Nigeria: A Study of Bayelsa State

The study examined the problem of disaster management in Nigeria using Bayelsa State as a case study. Four null hypotheses were raised and tested at a 0.05 level of significance. The study adopted the descriptive survey design and sample sizes of 300 adults were drawn from fifteen (15) affected communities in Bayelsa State. The instrument used for data collection was a disaster management questionnaire and the data were analyzed using chi-square. The finding of the study revealed that there is a significant relationship between poor integrated policy and action plan as well as weak institutional capacity and collaboration of disaster management agencies and effectiveness of disaster management in Bayelsa State. The study clearly showed that there is a significant relationship between poor commitment and piece-meal approach by the multi-layered levels of government as well as poor stakeholders’ participation and synergy and effectiveness of disaster management in Bayelsa State. The study recommended among others that long-term monitoring and surveillance mechanism; continuous provision of infrastructure for the host communities by prospecting oil companies; adequate funding by governmental and non-governmental and the development of a national oil spill contingency plan should be adopted and deployed with an eye to guaranteeing sustainable development of the environment in the region.

DISKURSUS MANAJEMEN BENCANA ERA COVID-19

Disaster management is a series of disaster cycles including pre-disaster, emergency, and post-disaster response stages with different handling characteristics at each stage. Based on these stages, the covid-19 disaster event has special characteristics where the non-natural disaster has a disaster emergency status as well as a recovery stage. The occurrence of two stages of a disaster at once in one disaster event causes obscurity and poor policy coordination in the emergency response period. The lack of the role of BNPB and BPBD during the disaster emergency caused policies to become conflicted between the health sector and the economic sector. Therefore, it is necessary to revise the disaster management law by strengthening the role of bnpb coordination as the main actor in mobilizing strategic resources both technical and non-technical. The revision of the disaster management law may refer to local government laws to harmonize disaster emergency policies at the central and regional levels. In addition, collaboration with academics is important to provide health resources for handling covid-19 in the country in the production, distribution, and consumption process.

Susilo Bambang Yudhoyono’s Government Policy in Handling The Aceh Tsunami: a Historical Research

Tsunami Aceh 2004 was one of the natural disasters whose status was designated as a national disaster in Indonesia. The event occurred compilation Indonesia does not yet have a special body and legislation governing natural disaster management. The Aceh tsunami has significant significance for the Indonesian community to the international level. The Aceh tsunami caused many complicated problems that had to be resolved by the Susilo Bambang Yudhoyono Government, among others, the regional government was unable to function properly, the disaster management law did not exist, supported international assistance in the military, and the National Budget was not available for the Aceh emergency response. The research objective in this study is about research conducted by the government of Susilo Bambang Yudhoyono in the 2004 tsunami in Aceh. The research method uses historical, heuristic, critical, interpretation, and historiographic methods. The results of this study are that the Government of Susilo Bambang Yudhoyono can resolve the problem by triggering regulations regarding the Law and the Special Body to handle problems that did not exist before.

Valsts civilās aizsardzības jomu reglamentējošo normatīvo aktu izmaiņas laika posmā no 2014.–2018. gadam

Civil protection is an essential part of the national security system. One of the main conditions for successful functioning of any system is a properly organized regulatory framework - laws, Cabinet of Minister’s regulations that clearly define the civil protection structure and the responsibilities and rights of legal and natural persons involved in the processes. This study identifies the current situation and concludes that the norms of the Civil Defence and Disaster Management Law adopted by the Saeima in 2016 eliminate the discrepancies of the Civil Protection Law of 2006 and administrative-territorial reform of 2009, and specifically determine the areas of responsibility and activities of the state and municipal institutions, but the changes in the regulations governing the training of students and employees ensure compulsory civil protection courses for higher education institutions.

Study on how to interpret excess loss of insurance clause within pre-existing contract before the revision of Disaster and Safety Management Law and other several issues from insurance contracts by lessee

Study on how to interpret excess loss of insurance clause within pre-existing contract before the revision of Disaster and Safety Management Law and other several issues from insurance contracts by lessee

Active Role of Women in Disaster Prone Areas

<em><span lang="EN-US">Indonesia is a country that has two (2) seasons, namely the rainy season and the dry season. Klaten Regency is close to Mount Merapi, east of the Klaten area close to the Dengkeng River and its tributaries. Disaster management law No. 4 of 2007 article 4 paragraph c states that ensuring the implementation of disaster management in a planned, integrated, coordinated and comprehensive manner and respecting local culture. This study discusses the higher vulnerability of women compared to men, so that it requires handling that requires more active roles of women residents or volunteers. The aim of this research is to see how active women's roles are in disaster disasters and what roles women play in the context of disasters. From the results of the study it can be concluded that the active role of women in disaster-prone areas in Klaten Regency has begun to be trained. Evidenced by joining the Disaster Risk Reduction Organization (OPRB) in Klaten</span></em>

Aceh tsunami and government policy in handling it: a historical study

Tsunami occurred in Aceh in 2004 was determined by the Government as a national disaster. The criteria supported Aceh Tsunami as a natural disaster to be determined as national disasters are (1) The victims and Losses incurred after Aceh Tsunami in 2004 and (2) The Public Service condition after Aceh Tsunami in 2004. Aceh Tsunami caused many problems that the government had to solve. These problems included regional governments that were not operating properly, logistics vacuum, ongoing armed conflicts with GAM, the rejection of international assistance in terms of military, disaster management agencies had been formed, disaster management laws did not exist, and state budget of 2004 was not available for Aceh Tsunami emergency response. This research used historical methods with the following steps: heuristics, criticism, interpretation, and historiography. The results of the research were the processes and efforts undertaken by SBY Government in handling the Aceh Tsunami after the issuance of Presidential Decree Number 112 of 2004. The lessons obtained from Aceh Tsunami handle can be utilized by Regional Government or Central Government for disaster mitigation, namely (1) allocating resources for risk mitigation; and (2) disaster preparedness is an important investment for a country.