Government Regulation of the Republic of Indonesia No. 21/2008 concerning disaster management

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 21 OF 2008 CONCERNING DISASTER MANAGEMENT NATIONAL AGENCY DISASTER MANAGEMENT (BNPB) 1 PRESIDEN REPUBLIK INDONESIA GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIANUMBER 21 OF 2008 CONCERNING DISASTER MANAGEMENT BY THE GRACE OF THE ONEALMIGHTY GOD THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Having considered : that to carry out provisions in Article 50 paragraph (2), Article 58 paragraph (2), and Article 59 paragraph (2) of Law Number 24 of 2007 concerning Disaster Management, it is necessary to issue a Government Regulation on Disaster Management; Having observed : 1. Article 5 paragraph (2) of The 1945 Constitution of the Republic of Indonesia; 2. Law Number 24 of 2007 on Disaster Management (The State Gazette of the Republic of Indonesia of 2007 Number 66, Supplement to Number 4723); HAS DECIDED: To issue: GOVERNMENT REGULATION CONCERNING DISASTER MANAGEMENT. CHAPTER I GENERAL PROVISIONS Article 1 In this government regulation: 1. Disaster means an event or a series of events threatening and disturbing the community life and livelihood, caused by natural and/or non-natural as well as human factors resulting in human fatalities, environmental damage, loss of material possessions, and psychological impact. 2 2. Disaster management means a series of efforts encompassing policies on development with disaster risk, disaster prevention, emergency response, and rehabilitation. 3. Disaster prevention means a series of activities to alleviate or eliminate disaster risk, either by reducing disaster threat or the vulnerability of people in disaster-prone areas. 4. Alertness means a series of activities in anticipation of disaster through organization and efficient and effective measures. 5. Early warning means a series of activities of giving an urgent warning to the community about a potential disaster in a certain area by authorized agencies. 6. Mitigation means a series of efforts to reduce disaster risk, through physical development as well as awareness and improved capability to face a disaster threat. 7. Disaster risk means potential loss from a disaster in a certain area and in a specific period of time such as deaths, wounds, illnesses, threatened lives, missing sense of security, refuge, damaged or lost assets, and disturbance to community activities. 8. Disaster emergency response means a series of prompt actions during the disaster to deal with negative impacts, such as rescuing and evacuating victims and material possessions, providing basic necessities and protection, taking care of refugees, salvaging and recovering infrastructure and facilities. 9. Disaster victims means people or groups of people suffering or dying from disasters. 10. Rehabilitation means repairing and recovering all aspects of public or community services to an adequate level at post-disaster areas particularly 3 to normalize or recover all aspects of government administration and community life at post-disaster areas. 11. Reconstruction means rebuilding of all facilities and infrastructure, institutions at post-disaster areas, at government and community levels particularly to enable growth in economic, social and cultural activities, to enforce law and order, and revive public participation in all aspects of community life at post-disaster areas. 12. Disaster area means a certain area affected by a disaster. 13. Community means individuals, a group of people and/or a legal entity. 14. Refugees means people or groups of people forced to leave their dwelling places for an uncertain time due to negative disaster impact. 15. Vulnerable means infants, preschoolers, children, pregnant women or breast-feeding mothers, the disabled and the elderly. 16. Central Government hereinafter referred to as Government means the President of the Republic of Indonesia, who holds executive powers of the Unitary State of the Republic of Indonesia as referred to in the 1945 Constitution of the Republic of Indonesia. 17. Regional government means governor, regent/mayor or irregional governments personnel organizing the regional governments administration. 18. National Disaster Management Agencies, hereinafter abbreviated to BNPB, means a non departmental government institution in accordance with the provisions of legislation. 19. Regional Disaster Management Agencies, hereinafter abbreviated to BPBD, means a regional government agency that carries out disaster management in the region. 4 Article 2 Disaster management aims at ensuring the implementation of disaster management in a well planned, integrated, coordinated, and comprehensive manner to protect community from disaster threat, risk, and impact. Article 3 Disaster management shall include pre-disaster, emergency response, and post-disaster stages. CHAPTER II PRE-DISASTER Part One General Article 4 Disaster management at pre-disaster stage as referred to in Article 3 include: a. a situation without a disaster; and b. a situation with a potential disaster. Part Two A Situation without a Disaster Article 5 (1) Disaster management in a situation without a disaster as referred to in Article 4 letter a shall include: a. disaster management planning; b. disaster risk reduction; c. prevention; d. integration into development planning; e. disaster risk analysis requirements; 5 f. spatial structure plan implementation and enforcement; g. education and training; and h. technical standard requirements for disaster management. (2) Support for disaster management in a situation without a disaster as referred to in paragraph (1) shall require research and development relating to disasters. Article 6 (1) Disaster management planning as referred to in Article 5 letter a constitutes a part of development planning. (2) Disaster management planning as referred to in paragraph (1) shall be based on the results of disaster risk analysis and disaster management efforts spelled out in the disaster management program and the budget details. (3) Disaster management planning as referred to in paragraph (1) includes: a. recognition and study of disaster threat; b. understanding of the vulnerability of the community; c. analysis of potential disaster impact; d. options for reducing disaster risk; e. selection of mechanism for alertness and for disaster impact management; and f. allocation of tasks, authority, and available resources. (4) Disaster management planning shall be coordinated by: a. BNPB at the national level; b. Provincial BPBD at the provincial level; and c. Regency /city BPBD at regency/city level. 6 (5) The Government or regional governments in accordance with their respective authority shall stipulate disaster management plan as referred to in paragraph (1) for a period of 5 (five) years. (6) Disaster management plan as referred to in paragraph (5) shall be reviewed periodically every 2 (two) years or at any time in event of disaster. (7) Disaster management planning as referred to in paragraph (4) shall be based on guidelines set by BNPB Head. Article 7 (1) Disaster risk reduction as referred to in Article 5 letter b shall mean reducing threats and vulnerability and increasing community capability to face disaster. (2) Disaster risk reduction requires: a. recognizing and monitoring of disaster risk; b. planning of participatory disaster management planning; c. promoting disaster-awareness practices; d. improving of the commitment of disaster management team; and e. implementing application of physical and non physical efforts, and regulating disaster management. Article 8 (1) Disaster risk reduction shall require an action plan for disaster risk reduction. (2) Action plan for disaster risk reduction as referred to in paragraph (1) shall comprise: a. a national action plan for disaster risk reduction; and b. a regional action plan for disaster risk reduction. 7 (3) Coordinated by BNPB, the national action plan for disaster risk reduction as referred to in paragraph (2) letter a shall go through a comprehensive and integrated preparation in a forum that includes governmental, non-governmental, community, and business institution elements. (4) In coordination with agency/institution responsible for national development planning, BNPB Head shall stipulate the national action plan referred to in paragraph (3). (5) Coordinated by BPBD, the regional action plan for disaster risk reduction as referred to in paragraph (2) letter b shall go through a comprehensive and integrated preparation in a forum that includes elements from regional government, non governmental, community, and the world business in the region. (6) In coordination with agency/institution responsible for regional development planning, BPBD head shall stipulate regional action plan as referred to in paragraph (6) based on national action plan for disaster risk reduction. (7) National action plan and regional action plan for disaster risk reduction shall be stipulated for a period of 3 (three) years and can be reconsidered as necessary. Article 9 (1) Prevention as referred to in Article 5 paragraph (1) letter c shall aim at reducing or eliminating disaster risk. (2) Prevention as referred to in paragraph (1) shall require reduction in disaster threat and vulnerability of people in disaster-prone areas . (3) Prevention as referred to in paragraph (2) shall require: a. identificating and recogniting of sources of disaster danger or threat; 8 b. monitoring: 1) the control and management of natural resources; 2) the use of advanced technology. c. supervising of spatial structuring implementation and environmental management; d. strengthening of the community’s social resilience of the community . (4) Prevention as referred to in paragraph (3) shall remain the responsibility of the Government’s, regional government and community. Article 10 (1) Integration of disaster management into development planning referred to in Article 5 paragraph (1) letter d shall be carried out by the Government or regional governments through coordination, integration, and synchronization. (2) Integration of disaster management into the development planning as referred to in paragraph (1) shall require the inclusion of disaster management elements into national and regional development plans. Article 11 (1) Requirements for disaster risk analysis as referred to in Article 5 paragraph (1) letter e shall find out and evaluate the risk level of a condition or activity with disaster risk. (2) BNPB Head shall prepare and stipulate the requirements for disaster risk analysis as referred to in paragraph (1) by involving related agencies/institutions. (3) Requirements for disaster risk analysis as referred to in paragraph (2) shall govern preparation of environmental impact assessment, spatial structuring as well as actions of disaster prevention and mitigation. 9 Article 12 (1) Any development activity running a high risk of disaster shall require a disaster risk analysis. (2) Disaster risk analysis as referred to in paragraph (1) shall comply with requirements for disaster risk analysis as referred to in Article 11 paragraph (3) through research and study of a condition or activity that runs a high risk of disaster. (3) Disaster risk analysis as referred to in paragraph (2) shall take the form of a document enacted by a government official in accordance with legislation. (4) BNPB or BPBD in accordance with their respective authority shall monitor and evaluate disaster risk analysis. Article 13 (1) Implementation and enforcement of spatial structure plan referred to in Article 5 paragraph (1) letter f aim at controlling spatial use in accordance with territory spatial structure plan. (2) Spatial use control’s referred to in paragraph (1) shall include enforcement of regulations related to spatial structuring, safety standard, and sanctions on violators. (3) The Government and regional governments shall periodically monitor and evaluate spatial structure planning and implementation, as well as compliance with safety standard. Article 14 (1) Education and training as referred to in Article 5 paragraph (1) letter g shall enhance community’s awareness, concern, capability, and alertness in facing disaster. (2) The Government and regional governments shall organize education and training as referred to in paragraph (1) as formal, non-formal, and informal education in the forms of basic, secondary, 10 technical, simulation, and rehearsal training programs. (3) Agencies/institutions/organizations related to disaster management can organize education and training in disaster management in accordance with their respective mandate and authority, based on guidelines set by BNPB Head. Part Three Situation with Potential Disaster Article 15 Disaster management in a situation with potential disaster referred to in Article 4 letter b include: a. alertness; b. early warning; and c. disaster mitigation. Article 16 (1) The Government shall exercise alertness in disaster management as referred to in Article 15 letter a to ensure the implementation of quick and appropriate actions during the disaster. (2) Coordinated by BNPB and/or BPBD, the authorized agencies/institutions, both technical and administrative shall carry out alertness activities referred to in paragraph (1), in the forms of: a. preparation and try-out for disaster emergency management plan; b. organization, installation, and testing of early warning system; c. provision and preparation of supplies for fulfillment of basic necessities; d. organization, counseling, training, and rehearsal regarding emergency response mechanism; e. preparation of location for evacuation; f. preparation of accurate data, information, and 11 update on fixed procedures for disaster emergency response; and g. provision and preparation of materials, goods, and equipment to fully recover facilities and infrastructure. (3) The Government and regional government shall take responsibility for alertness activities as referred to in paragraph (2) and carry them out with the community and business institutions. Article 17 (1) Disaster emergency management plan as referred to in Article 16 paragraph (2) letter a shall serve as a frame of reference for implementation of disaster management in an emergency. (2) BNPB and/or BPBD and regional governments shall prepare disaster an emergency management plan as referred to in paragraph (1) in a coordinated manner. (3) Disaster emergency management plan can be accompanied by a contingency plan. Article 18 (1) For alertness in providing, storing and distributing logistics and equipment to disaster areas, BNPB and BPBD have developed a management system for logistics and equipment. (2) Development of management system for logistics and equipment as referred to in paragraph (1) shall optimize existing logistics and equipment in each agency/institution within BNPB network. (3) Further provisions concerning logistics and equipment management systems as referred to in paragraph (1) and paragraph (2) shall be governed by Regulation of BNPB Head. Article 19 (1) Early warning as referred to in Article 15 letter b shall aim for a quick and appropriate action to 12 reduce disaster risk and prepare actions of emergency response. (2) Early warning as referred to in paragraph (1) shall require: a. observation of disaster signs; b. analysis of data from observation; c. decision-making based on result of analysis; d. dissemination of the result of decision; and e. community actions. (3) Authorized agencies/institutions shall carry out observation of disaster signs as referred to in paragraph (2) letter a according to the type of disaster threat, along with the community to obtain data on the signs of potential disaster, considering the local wisdom. (4) Authorized agencies/institutions as referred to in paragraph (3) shall submit analysis result to BNPB and/or BPBD according to disaster location and level, as a basis for decision-making and early warning action. (5) Upon deciding on early warning as referred to in paragraph (4), government institutions, private broadcasting agencies, and the mass media shall disseminate it to mobilize resources. (6) Mobilization of resources as referred to in paragraph (5) shall work in the same way as the resource mobilizing mechanism does during the emergency response. (7) BNPB and/or BPBD shall coordinate community actions as referred to in paragraph (2) letter e in order to save and protect the community. Article 20 (1) Disaster mitigation measures as referred to in Article 15 letter c aim at reducing disaster risk and impact on the community living in disaster-prone areas. 13 (2) Disaster mitigation measures as referred to in paragraph (1) shall require: a. spatial structuring planning and implementation following the disaster risk analysis; b. regulation of development, infrastructure building, and construction layout; and c. education, training, and counseling, using conventional and modern methods. (3) Regulation of development, infrastructure building, and construction layout as referred to in paragraph (2) letter b shall apply technical standard rule for building set by the authorized agencies/institutions. (4) Education, training, and counseling as referred to in paragraph (2) letter c shall apply technical standard rule for education, training, and counseling set by the authorized agencies/institutions. CHAPTER III EMERGENCY RESPONSE Part One General Article 21 (1) Disaster management during the emergency response shall includes: a. quick and appropriate study on location, damage, losses, and resources; b. decision on disaster emergency status; c. rescue and evacuation of disaster-affected community; d. fulfillment of basic necessities; e. protection for vulnerable group; and f. immediate recovery of essential facilities and infrastructure. 14 (2) BNPB Head or BPBD head shall control disaster management during the emergency response as referred to in paragraph (1) in accordance with their respective authority. Part Two Quick and Appropriate Study Article 22 (1) A quick and appropriate study as referred to in Article 21 letter a shall determine the need and appropriate actions in disaster management during the emergency response. (2) A quick study team shall conduct a quick and appropriate study as referred to in paragraph (1) by assignment from BNPB Head or BPBD head in accordance with their respective authority. (3) A quick and appropriate study as referred to in paragraph (1) shall require identification of: a. disaster area coverage; b. number of disaster victims; c. damage to facilities and infrastructure; d. disturbance to functions of public services and government administration; and e. capacity of natural and artificial resources. Part Three Decision on Disaster Emergency Status Article 23 (1) The government or regional governments shall decide on disaster emergency status as referred to in Article 21 letter b according to disaster level. (2) The President shall decide on disaster emergency status at the national level as referred to in paragraph (1), likewise the governor at the provincial level, and regent/mayor at regency/city level. 15 Article 24 Upon deciding on disaster emergency status, BNPB and BPBD shall have easy access to: a. mobilization of human resources; b. mobilization of equipment; c. mobilization of logistics; d. immigration, excise, and quarantine; e. licensing; f. procurement of goods/services; g. management of and accountability for money and/or goods; h. rescue; and i. command over agencies/institutions. Paragraph 1 Mobilization of Human Resources, Equipment, and Logistics Article 25 (1) During the disaster emergency, authorized BNPB Head and BPBD Head shall mobilize human resources, equipment, and logistics from agency/institution and the community to initiate actions of emergency response. (2) Mobilization of human resources, equipment and logistics as referred to in paragraph (1) shall include request, receipt and use of human resources, equipment, and logistics. Article 26 (1) Mobilization of human resources, equipment, and logistics aim at rescuing and evacuating disaster victims, fulfilling basic necessities, and recovering the functions of essential facilities and infrastructure damaged by disaster. (2) Mobilization of human resources, equipment, and logistics onto disaster area shall be governed by the need. 16 Article 27 (1) During the disaster emergency, BNPB Head or BPBD head, according to disaster location and level, shall request related agency/institution to dispatch human resources, equipment, and logistics as referred to in Article 25 to disaster area. (2) At such request as referred to in paragraph (1), related agency/institution shall immediately dispatch and mobilize human resources, equipment, and logistics onto disaster area. (3) Related agency/institution, in dispatching human resources, equipment, and logistics as referred to in paragraph (2) shall designate an official as an authorized representative for decision-making. Article 28 (1) In case of disaster at regency/city level, BPBD head in disaster-affected regency/city shall mobilize human resources, equipment, and logistics onto disaster area according to need. (2) In case of the unavailability and inadequacy of human resources, equipment, and logistics in disaster-affected regency/city, the regency/city government can request aid from the nearest regency/city, either in the same or in a different provincial territory. (3) Regency/city government requesting the aid as referred to in paragraph (2) shall bear the cost of mobilization of human resources, equipment, and logistics from another regency/city dispatching aid. (4) In case of the unavailability/inadequacy of the human resources, equipment, and logistics in the other regency/city as referred to in paragraph (2), the disaster-affected regency/city government can request aid from the provincial government concerned. (5) Receipt and use of human resources, equipment, and logistics in disaster area referred to in 17 paragraph (1) through paragraph (4) shall come under head of regency/city BPBD control. Article 29 (1) In case of a provincial level disaster, BPBD head in disaster-affected province shall dispatch human resources, equipment, and logistics onto disaster area according to need. (2) In case of the unavailability/inadequacy of the human resources, equipment, and logistics in disaster-affected province, the disaster-affected provincial government can request aid from the nearest province. (3) Provincial government requesting the aid as referred to in paragraph (2) shall bear the cost of mobilization of human resources, equipment, and logistics. (4) In case of the unavailability/inadequacy of the human resources, equipment, and logistics in the other province referred to in paragraph (2), the disaster-affected provincial government can request aid from the Government. (5) Receipt and use of human resources, equipment, and logistics in disaster area as referred to in paragraph (1) through paragraph (4) shall come under head of provincial BPBD control. Article 30 (1) In case of limitation of human resources, equipment, and logistics mobilized by BPBD head as referred to in Article 28 and Article 29, BNPB can provide help through assistance pattern. (2) Aid through assistance pattern as referred to in paragraph (1) shall be provided at the request of BPBD or on BNPB initiative. Article 31 (1) BNPB Head or BPBD head in accordance with their authority can mobilize equipment and 18 logistics from the regional depot nearest to the disaster area, set up in logistics and equipment management system as referred to in Article 18. (2) Equipment and logistics mobilization in disaster area as referred to in paragraph (1) shall come under BNPB Head’s control. Paragraph 2 Immigration, Excise, and Quarantine Article 32 (1) Foreign aid , whether in the form of foreign personnel, equipment, or logistics shall have easy access as referred to in Article 24 letter d to the process and service of immigration, excise or quarantine. (2) Easy access as referred to in paragraph (1) shall include the use of equipment carried by foreign personnel onto disaster area. Article 33 (1) Foreign personnel assisting with disaster management during the disaster emergency response in the territory of Unitary State of the Republic of Indonesia as referred to in Article 32 paragraph (1) shall have easy access in immigration matters to the process and service of visa, entry permit, limited stay permit, and exit permit. (2) Foreign personnel as referred to in paragraph (1) shall work by assignment from and on recommendation of the government of origin, international institution or nongovernmental foreign institution giving the assignment. (3) Foreign personnel referred to in paragraph (1), entering into the territory of Unitary State of the Republic of Indonesia shall report to agency/institution whose scope of task includes immigration matters. (4) Visa, entry permit, limited stay permit, and exit 19 permit as referred to in paragraph (1) shall be granted on recommendation of BNPB Head. (5) Limited stay permit as referred to in paragraph (1) shall be granted no later than the period of disaster emergency response. Article 34 Besides easy access in the forms of visa, entry permit, limited stay permit, and exit permit, foreign personnel as referred to in Article 32 paragraph (1) may have easy access to the disaster area to carry out their aid program, which location shall be determined by BNPB Head or BPBD Head according to disaster location and level. Article 35 Foreign personnel holding a passport as substitute for diplomatic passport or official passport issued by an international institution of United Nations, upon entering Unitary State of the Republic of Indonesia’s territory, shall report to agency/institution whose scope of task includes foreign relations. Article 36 (1) Equipment or logistics as referred to in Article 32 paragraph (1) entering the territory of Unitary State of the Republic of Indonesia Unitary State for helping with disaster management during the disaster emergency response shall have easy access in the form of exemption from import duty and other import taxes. (2) The ease as referred to in paragraph (1) shall comply with the provisions of legislation. (3) The ease as referred to in paragraph (1) shall be subject to recommendation from BNPB Head. Article 37 Equipment or logistics as referred to in Article 36 paragraph (1) entering the territory of the Unitary State of the Republic of Indonesia for helping with disaster 20 management during the disaster emergency response shall have easy access in regard to quarantine, except for equipment or logistics with potential danger. Paragraph 3 Licensing Article 38 (1) Licensing as referred to in Article 24 letter e means a particular license from authorized agency/institution for entry of foreign personnel and/or certain equipment into the territory of the Unitary State of the Republic of Indonesia besides immigration and customs permits. (2) Head of authorized government agencies/ institutions as referred to in paragraph (1) shall provide easy access to BNPB Head to obtain a particular license for bringing in certain equipment and/or personnel into the territory of the Unitary State of the Republic of Indonesia Unitary State that will be employed to assist with disaster management during the disaster emergency response. Paragraph 4 Procurement of Goods/Services Article 39 Procurement of goods/services as referred to in Article 24 letter f shall be carried out in a well-planned manner by considering the required type and amount according to conditions and characteristics of disaster area. Article 40 (1) During the disaster emergency, procurement of goods/services for disaster emergency response shall receive a special treatment through an effective and efficient direct purchase/procurement according to conditions during the emergency response situation. 21 (2) Direct purchase/procurement as referred to in paragraph (1) shall not depend on the amount and price of goods/services. (3) Procurement of goods/services as referred to in paragraph (1) shall include equipment and/or services for: a. search and rescue of disaster victims; b. emergency aid; c. evacuation of disaster victims; d. necessary water supply and sanitation; e. food; f. clothing; g. healthcare; and h. accommodation and temporary dwelling place. (4) Related agencies/institutions can also carry out the procurement of goods/services, besides those referred to in paragraph (3), subject to the approval of BNPB Head or BPBD Head in accordance with their authority. (5) Approval as referred to in paragraph (4) can be granted orally followed by a written approval in a period of no later than 3 x 24 (three times twenty four) hours. Article 41 (1) BNPB shall use ready fund allocated in BNPB budget for procurement of goods and/or services during the disaster emergency response. (2) BPBD shall use ready fund that can be provided in Regional Budget and allocated in BPBD budget for the procurement of goods and/or services during the disaster emergency response. (3) Ready fund as referred to in paragraph (1) and paragraph (2) shall be used according to the need of disaster emergency response. 22 (4) Provisions concerning the source and use of ready fund shall be made in a separate government regulation. Paragraph 5 Management of and Accountability for Money and/or Goods Article 42 (1) Management of and accountability for ready fund as referred to in Article 41 shall have facilitation in accordance with the management of and accountability for money and/or goods as referred to in Article 24 letter g. (2) Ready fund as referred to in paragraph (1) shall have separate allocation in BNPB budget. (3) Ready fund as referred to in paragraph (1) shall be used only for procurement of goods and/or services as referred to in Article 40 paragraph (4). (4) Evidences of other transactions that cannot be obtained in the procurement of goods and/or services during the emergency response shall receive a special treatment. (5) Provisions as referred to in paragraph (1), paragraph (2), and paragraph (3) shall also apply to management of ready fund in the region. Article 43 (1) BNPB can provide ready fund directly for disaster area according to situation and conditions of disaster emergency. (2) Ready fund as referred to in paragraph (1) shall be provided through BPBD Head. (3) After receiving the ready fund, BPBD shall submit a report to head of regional government. 23 (4) The use of ready fund as referred to in paragraph (1) shall be subject to the level of priority. Article 44 (1) BNPB shall supervise the use of ready fund provided for BPBD Head as referred to in Article 43 paragraph (1). (2) BPBD that has received ready fund shall submit an accountability report to BNPB no later than 3 (three) months after receipt thereof. (3) Accountability as referred to in paragraph (1) and paragraph (2) shall follow the guidelines set by BNPB Head. Article 45 (1) BNPB Head or BPBD head in accordance with their authority shall make an accountability report on money and/or goods received from the community. (2) Accountability report as referred to in paragraph (1) shall be submitted: a. to the President by BNPB Head; b. to the Governor by head of provincial BPBD; and c. to the Regent/Mayor by Head of regency/city BPBD. (3) Accountability report as referred to in paragraph (1) shall be communicated to the public. Paragraph 6 Rescue Article 46 (1) Easy access in the rescue as referred to in Article 24 letter h shall be provided during the search, aid, and evacuation of disaster victims. (2) To facilitate the rescue of disaster victims and material possessions, BNPB Head and/or BPBD Head shall have authority to: 24 a. remove and/or destroy items or objects in disaster area that might endanger the people’s lives; b. remove and/or destroy items or objects that can disturb the rescue process; c. order people to get out of a location or prohibit people to enter a location; d. isolate or close a public or private-owned area; and e. order the head of related government agencies/institutions to shut down electricity, gas, or to close/open water gate. (3) Search and rescue of disaster victims shall cease if: a. all victims have been found, helped, and evacuated; or b. after 7 (seven) days since the beginning of search, no signs of victims have been found. (4) Search and rescue of disaster victims made to cease as referred to in paragraph (3) letter b can be resumed in case there is new information on the existence of disaster victims. Paragraph 7 Command Article 47 (1) In an emergency, BNPB Head or BPBD head in accordance with their respective authority shall have easy access to a commanding position over the sector/institution under one command as referred to in Article 24 letter i, in order to mobilize human resources, equipment, logistics, and rescue. (2) To perform the command function as referred to in paragraph (1), BNPB Head or BPBD head in accordance with their respective authority shall appoint an official as Commander for handling disaster emergency. 25 (3) Commander for handling disaster emergency, according to disaster location and level, in carrying out the command for mobilizing human resources, equipment, logistics, and rescue as referred to in paragraph (2) shall have authority to control officials representing their respective agencies/institution as referred to in Article27 paragraph (3). (4) Mechanism for control under one command as referred to in paragraph (1) shall follow the command system for disaster emergency response. (5) Further provisions concerning the command system for disaster emergency response shall be stipulated by the regulation of BNPB Head. Article 48 (1) In a disaster emergency, Commander for handling disaster emergency, according to disaster location and level shall activate and step up the operation control center to become a command post for disaster emergency response. (2) The command post as referred to in paragraph (1) shall function to coordinate, control, monitor, and evaluate the giving of disaster emergency response. (3) The command post as referred to in paragraph (1) shall become an authorized institution to provide data and information on the giving of disaster emergency response. Article 49 (1) In a disaster emergency, Commander for handling disaster emergency, according to disaster location and level, shall establish field command posts for giving disaster emergency response at the disaster area. (2) Field command post for disaster emergency response as referred to in paragraph (1) shall have the task of giving disaster emergency response. 26 (3) Result from the task of giving disaster emergency response carried out by the field post command as referred to in paragraph (2) shall be communicated to the post command as referred to in Article 48 paragraph (1) to be used as data, information, and material for decision-making in giving disaster emergency response. Article 50 (1) In giving disaster emergency response, Commander for handling disaster emergency, according to disaster location and level, shall prepare a plan for disaster emergency response operation to be used as a reference by each agencies/institution giving disaster emergency response. (2) Guidelines on planning for disaster emergency response operation shall be stipulated by BNPB Head. Part Four Rescue and Evacuation Article 51 (1) Rescue and evacuation of disaster-affected community as referred to in Article 21 letter c shall require efforts and activities of search, aid, and rescue of community members who become disaster victims. (2) Rapid reaction team involving the community element under command of Commander for handling disaster emergency shall carry out the search, aid and rescue of disaster-affected community members as referred to in paragraph (1), according to disaster location and level. (3) In case of disaster escalation, BNPB can provide support to BPBD for rescue and evacuation of disaster-affected community members as referred to in paragraph (1) and paragraph (2). 27 (4) Disaster emergency aid as referred to in paragraph (1) shall give priority to disaster-affected community members suffering from severe wounds and to the vulnerable group. (5) There shall be efforts to identify and bury community members who become disaster fatalities. Part Five Fulfillment of Basic Necessities Article 52 (1) Fulfillment of basic necessities as referred to in Article 21 letter d shall include aid for supply of: a. need for water supply and sanitation; b. food; c. clothing; d. healthcare; e. psychosocial services; and f. accommodation and dwelling place. (2) The government, regional government, community, business institution, international institution and/or non-governmental foreign institution shall carry out the fulfillment of basic necessities as referred to in paragraph (1) in accordance with minimum standard as regulated in the provisions of legislation. Part Six Protection for Vulnerable Group Article 53 (1) Protection for vulnerable group as referred to in Article 21 letter e shall prioritize disaster victims suffering from severe wounds and the vulnerable group through rescue, evacuation, protection, healthcare, and psychosocial services. 28 (2) Coordinated by BNPB Head and/or BPBD head, the related agencies/institution and shall make efforts of protection for vulnerable group as referred to in paragraph (1) with assistance/facilitation pattern. Part Seven Immediate Recovery of Essential Facilities and Infrastructure Article 54 (1) Immediate recovery of essential facilities and infrastructure as referred to in Article 21 letter f shall aim to immediately recover the functions of essential facilities and infrastructure to keep supporting the community life. (2) Related agencies/institution coordinated by BNPB Head and/or BPBD head in accordance with their respective authority shall immediately recover essential facilities and infrastructure as referred to in paragraph (1). CHAPTER IV POST-DISASTER PERIOD Part One General Article 55 Disaster management at post-disaster stage shall comprise: a. rehabilitation; and b. reconstruction. Part Two Rehabilitation Article 56 (1) Rehabilitation at post-disaster area shall require the following activities: 29 a. improvement to disaster area environment; b. repair to public facilities and infrastructure; c. provision of aid for community housing repair; d. sociopsychological recovery; e. healthcare; f. reconciliation and conflict resolution; g. social, economic, and cultural recovery; h. security and order recovery; i. government administration’s function recovery; and j. public services’ function recovery. (2) To accelerate recovery of community life at post disaster area, regional government shall set priorities for rehabilitation activities as referred to in paragraph (1). (3) Prioritization as referred to in paragraph (2) shall follow the analysis of loss and damage from disaster. Article 57 (1) The government’s and/or disaster-affected region’s regional governments shall take responsibility for rehabilitation activity as referred to in Article 56 paragraph (1). (2) The government and/or regional governments as referred to in paragraph (1) shall make a rehabilitation plan based on analysis of loss and damage from disaster as referred to in Article 56 paragraph (3), taking the community aspiration into account. (3) Rehabilitation planning as referred to in paragraph (2) shall consider the following: a. regulation of building construction standard; b. social condition; 30 c. customs; d. culture; and e. economy. (4) Rehabilitation planning as referred to in paragraph (2) shall comply with the guidelines set by BNPB Head. Article 58 (1) In the rehabilitation, regency/city government shall use disaster management fund from regency/city Regional Budget. (2) In case of insufficient Regional Budget, regency/city government can request assistance fund from provincial government and/or The Government to carry out rehabilitation activity. (3) Should regency/city government request rehabilitation assistance fund from Government, the request shall be submitted through the provincial government concerned. (4) Other than request for fund as referred to in paragraph (2), regency/city government may request aid from provincial government and/or the government in the forms of: a. expert; b. equipment; and c. infrastructure development. Article 59 (1) Proposed request for aid from regional government as referred to in Article 58 paragraph (2) and paragraph (3) shall require verification by interdepartmental team/nondepartmental government institution coordinated by BNPB Head. (2) Verification as referred to in paragraph (1) shall determine the amount of aid that the Government 31 will provide proportionately to regional government. (3) Use of aid from the Government to regional government as referred to in paragraph (2) shall require interdepartmental team’s/ nondepartmental government institution’s monitoring and evaluation involving BPBD coordinated by the BNPB Head. Article 60 Regional government work unit and related agency/institution shall carry out rehabilitation activity as referred to in Article 55 letter a coordinated by BPBD head. Paragraph 1 Improvement to Disaster Area Environment Article 61 (1) Improvement to disaster area environment as referred to in Article 56 paragraph (1) letter a means physical activities of environmental improvement to fulfill technical, social, economic, and cultural requirements and ecosystem of an area. (2) Activities of physical improvement to the environment as referred to in paragraph (1) shall include the environment of settlement area, industrial zone, business area, and building structure area. (3) Environmental improvement to areas as referred to in paragraph (1) shall comply with technical planning, considering the inputs on types of activities from related agency/institution and the aspiration of community in disaster-prone areas. Article 62 (1) Technical planning as referred to in Article 61 paragraph (3) shall comprise preparation of technical plan document containing an action plan diagram to be accomplished. 32 (2) Technical planning as referred to in paragraph (1) shall require the best preparation through survey, investigation, and design, considering the social, cultural and economic conditions, customs, and standard for building construction. (3) Technical planning for environmental improvement as referred to in paragraph (1) shall contain at least: a. data on population, social, culture, economy, infrastructure, and facilities before disaster; b. data on damage including the location, data on disaster victims, amount and level of damage from disaster, and estimated loss; c. resource potentialities in disaster area; d. thematic map containing matters as referred to in letter a, letter b, and letter c; e. program and operation plans; f. a design drawing; g. budget plan; h. schedule; and i. guidelines on rehabilitation. Article 63 Related agencies/institutions shall carry out environmental improvement to disaster area as referred to in Article 56 paragraph (1) letter a in accordance with their respective functions and responsibilities in their lines of work in joint efforts with the community. Paragraph 2 Repair to Public Facilities and Infrastructure Article 64 (1) Repair to public facilities and infrastructure as referred to in Article 56 paragraph (1) letter b means repair to facilities and infrastructure for needed transportation, smooth running of economic activities, and community sociocultural life. 33 (2) Repair to public facilities and infrastructure as referred to in paragraph (1) shall comply with technical planning, considering the input on types of activities from related agencies/institutions and the aspiration of the community. (3) Repair to public facilities and infrastructure as referred to in paragraph (1) shall include: a. repair to infrastructure; and b. social facilities and public facilities. Article 65 (1) Technical planning as referred to in Article 64 paragraph (2) means preparation of technical plan document containing an action plan diagram to be accomplished. (2) Technical plan document as referred to in paragraph (1) shall require the best preparation through survey, investigation, and design, considering the environmental, social, economic and cultural conditions, customs, and building construction standard. (3) Preparation of technical plan document as referred to in paragraph (2) shall at least comply with the provisions concerning: a. safety requirement; b. sanitation system requirements; c. building materials usage requirement; and d. technical standard requirements for road, bridge, building and water structure constructions. (4) Technical planning for repair of public facilities and infrastructure as referred to in paragraph (1) shall comply with the guidelines set by related agencies/institution. 34 Article 66 Repair to public facilities and infrastructure as referred to in Article 56 paragraph (1) letter b shall require community self-help, with guidance and/or technical aid from the Government and/or regional government. Paragraph 3 Aid for Community Housing Repair Article 67 (1) Provision of aid for community housing repair as referred to in Article 56 paragraph (1) letter c means Government aid as a stimulant to help community members repair their houses damaged by disaster for reoccupation. (2) Government aid as referred to in paragraph (1) may include materials, house components or money in the amount based on the results from verification and evaluation of house damage level. (3) Government aid for community housing repair as referred to in paragraph (2) shall follow a community empowerment pattern, considering the regional character and community culture, in coordination with BPBD. (4) Community housing repair as referred to in paragraph (3) shall follow technical standard in accordance with the provisions of legislation. (5) Aid for community housing repair shall require technical guidance and technical aid from related agencies/institution. Paragraph 4 Sociopsychological Recovery Article 68 (1) Sociopsychological recovery as referred to in Article 56 paragraph (1) letter d provides assistance for disaster-affected community to bring social and psychological lives back to pre-disaster condition. 35 (2) Assistance for disaster-affected community as referred to in paragraph (1) shall require sociopsychological services in the forms of: a. family counseling and consultation; b. trauma recovery assistance; and c. training in psychological condition recovery. (3) Related agencies/institution shall carry out sociopsychological services as referred to in paragraph (2) in coordination with BPBD. Paragraph 5 Healthcare Article 69 (1) Healthcare as referred to in Article 56 paragraph (1) letter e shall provide assistance for disaster affected community to recover public health condition. (2) Health recovery for disaster-affected community as referred to in paragraph (1) shall require: a. treatment of ill and wounded disaster victims; b. treatment of dying disaster victims; c. medicines; d. health equipment; e. medical staff and paramedics; and f. referral to nearest hospital. (3) Public health recovery as referred to in paragraph (2) shall require healthcare centers/posts established by related agencies in coordination with BPBD. (4) Public health recovery as referred to in paragraph (3) shall follow emergency service standard in accordance with the provisions of legislation. 36 Paragraph 6 Reconciliation and Conflict Resolution Article 70 (1) Reconciliation and conflict resolution as referred to in Article 56 paragraph (1) letter f shall provide assistance for the community in areas prone to disasters and social conflicts to reduce escalation of social conflict and tension and to recover social conditions of community life. (2) Reconciliation and conflict resolution activities as referred to in paragraph (1) shall require persuasive mediation efforts, involving community figures and considering the local community situation, condition, characters and culture, and respecting their sense of justice. (3) Related agency/institution shall carry out reconciliation and conflict resolution activities as referred to in paragraph (2) in coordination with BNPB or BPBD in accordance with their respective authority. Paragraph 7 Socioeconomic and Cultural Recovery Article 71 (1) Socioeconomic and cultural recovery as referred to in Article 56 paragraph (1) letter g shall provide assistance for disaster-affected community to bring social, economic, and cultural lives back to pre disaster condition. (2) Social, economic, and cultural recovery activities as referred to in paragraph (1) shall provide assistance for the community to revive and reactivate social, economic, and cultural activities through: a. advocacy and counseling services; b. aid for stimulating economic activities; and c. training. 37 (3) Related agency/institution shall carry out social, economic, and cultural recovery activities as referred to in paragraph (2) in coordination with BPBD. Paragraph 8 Security and Order Recovery Article 72 (1) Security and order recovery as referred to in Article 56 paragraph (1) letter h shall provide assistance for the community to bring public security and order in disaster-affected areas back to pre-disaster condition. (2) Security and order recovery shall require: a. reactivation of security and order institution functions in disaster areas; b. greater community participation in activities related to security and order; and c. coordination with agencies/institution with authority over security and order issues. (3) Related agencies/institution shall carry out security and order recovery as referred to in paragraph (2) in coordination with BPBD. Paragraph 9 Government Administration Function Recovery Article 73 (1) Government administration function recovery as referred to in Article 56 paragraph (1) letter i shall bring government administration functions back to pre-disaster condition. (2) Government administration function recovery shall require: a. reactivation of government administration as soon as possible; 38 b. rescue and protection of state and government administration documents; c. consolidation of government administration officers; d. recovery of functions and equipment that support government administration tasks; and e. reorganization of government administration tasks in related agencies/institution. (3) Related agencies/institution shall carry out the activities as referred to in paragraph (2) in coordination with head of government administration in the region, with support from BPBD and BNPB. Paragraph 10 Public Service Function Recovery Article 74 (1) Public service function recovery as referred to in Article 56 paragraph (1) letter j shall aim at bringing back the function of services for community to pre-disaster condition. (2) Public service function recovery as referred to in paragraph (1) shall require: a. rehabilitation and recovery of public facilities and infrastructure functions; b. reactivation of public service functions in related agencies/institution; and c. reorganization of public service functions. (3) Related agencies/institution shall carry out public service function recovery as referred to in paragraph (2) in coordination with head of government administration in the region, with support from BPBD and the BNPB. 39 Part Three Reconstruction Article 75 (1) Reconstruction at post-disaster area shall require: a. rebuilding of facilities and infrastructure; b. rebuilding of community social facilities; c. revival of community sociocultural life; d. use of appropriate design with improved and disaster-resistant equipment; e. participation of social institutions and organizations, business world and community; f. improvement to social, economic, and cultural conditions; g. improvement to public service functions; or h. improvement to essential services in community. (2) To accelerate the rebuilding of all facilities and infrastructure as well as institutions at post-disaster areas, the Government and/or regional government shall set priorities for this reconstruction activity as referred to in paragraph (1). (3) Prioritization as referred to in paragraph (2) shall be based on analysis of loss and damage from disaster as referred to in Article 56 paragraph (3). Article 76 (1) Reconstruction activity as referred to in Article 75 paragraph (1) shall remain the responsibility of disaster-affected regional government, except for facilities and infrastructure being Government responsibility. (2) Regional government shall prepare a reconstruction plan to be included in the unit of rehabilitation plan as referred to in Article 57 paragraph (2). 40 (3) Preparation of reconstruction plan as referred to in paragraph (2) shall take into account: a. spatial structure plan; b. regulation on standard for building construction; c. social condition; d. local customs; e. local culture; and f. economy. (4) Preparation of reconstruction plan as referred to in paragraph (2) shall comply with the guidelines set by the BNPB Head. Article 77 (1) In carrying out reconstruction, regional government shall use disaster management fund taken from APBD. (2) In case of insufficient APBD, regency/city government may request assistance fund from provincial government and/or the Government to carry out reconstruction activity. (3) In case that regency/city government should request reconstruction assistance fund from Government, the request shall be submitted through the provincial government concerned. (4) In addition to request for fund as referred to in paragraph (2), regency/city government may request aid from provincial government and/or Government in the forms of: a. experts; b. equipment; and c. the constructing of infrastructure. Article 78 (1) Coordinated by BNPB, the interdepartmental team/ 41 nondepartmental government institution shall verify aid request proposal from regional government as referred to in Article 77 paragraph (2) and (3). (2) Verification as referred to in paragraph (1) shall govern the amount of aid that the Government will provide to regional government proportionately. (3) Verification as referred to in paragraph (1) shall be done in conjunction with verification of rehabilitation. (4) With BPBD’s involvement coordinated by the BNPB, the interdepartmental team/ nondepartmental government institution shall monitor and evaluate the use of aid provided to regional governments as referred to in paragraph (2). Article 79 Coordinated by BPBD, the related regional government work unit and agencies/institution shall carry out construction activity as referred to in Article 75 paragraph (1). Paragraph 1 Rebuilding of Facilities and Infrastructure Article 80 (1) Rebuilding facilities and infrastructure as referred to in Article 75 paragraph (1) letter a means physical activities of building new facilities and infrastructure to fulfill economic, social, and cultural needs, considering the provincial and regency/city spatial structure plan. (2) Physical activities of rebuilding facilities and infrastructure as referred to in paragraph (1) shall take spatial structure plan into account. (3) Provincial and regency/city spatial structure plan as referred to in paragraph (2) shall contain: 42 a. territory spatial structure plan; b. territory spatial pattern plan; c. area designation; d. directive on territory spatial use; and e. directive on territory spatial use control. (4) Rebuilding of facilities and infrastructure as referred to in paragraph (1) shall comply with technical planning, considering the input from related agencies/institution, and disaster-affected community aspiration. Article 81 (1) Technical planning as referred to in Article 80 paragraph (4) means preparation of technical plan document containing action plan diagrams to be accomplished. (2) Technical planning as referred to in paragraph (1) shall require the best preparation through surveys, investigations, drawing of design considering the social and economic conditions, local culture, customs, and standard for building construction as well as nature condition. (3) Technical planning for rebuilding facilities and infrastructure as referred to in paragraph (1) shall contain: a. formulation of operational strategy and policy; b. detailed plan for rebuilding facilities and infrastructure in accordance with master plan; c. work plan and budget; d. implementation document; e. document on cooperation with other parties; f. document on procurement of goods and services in accordance with the provisions of legislation; g. executory provisions concerning rebuilding 43 activities carried out by Government, regional government and other related parties; and h. provisions concerning the use of fund for rebuilding facilities and infrastructure by highly respecting integrity along with freedom and accountability. (4) Guidelines on technical planning for rebuilding facilities and infrastructure shall follow the guidelines set by related ministry and coordinated by BNPB Head. Paragraph 2 Rebuilding Community Social Facilities Article 82 (1) Rebuilding community social facilities as referred to in Article 75 paragraph (1) letter b means rebuilding of new social and public facilities for necessary social and public activities. (2) Rebuilding community social facilities as referred to in paragraph (1) shall comply with technical planning, considering the inputs from related agencies/institution and aspiration from community living in disaster area. Article 83 (1) Technical planning as referred to in Article 82 paragraph (2) means preparation of technical plan document containing an action plan diagram for development to be accomplished. (2) Technical planning as referred to in paragraph (1) shall require the best preparation through survey, investigation, drawing of design diagram, considering the social, economic and cultural conditions, local customs, and building structure technical standard. (3) Technical planning as referred to in paragraph (2) shall at least comply with technical provisions concerning: 44 a. building construction technical standard; b. area designation; and c. directive on spatial use. (4) Technical planning as referred to in paragraph (3) shall include: a. detailed plan for building educational and health facilities, orphanage, worship facilities, old-age home, and village meeting hall; b. document on activity and budget implementation; c. work plan; d. document on cooperation with other parties; e. document on procurement of goods and/or services in accordance with the provisions of legislation; and f. executory provisions to be implemented by the Government, regional governments, and related parties. Article 84 The Government and/or regional government shall carry out the rebuilding of community social facilities as referred to in Article 75 paragraph (1) letter b according to level of disaster. Paragraph 3 Revival of Community Sociocultural Life Article 85 (1) Revival of community sociocultural life as referred to in Article 75 paragraph (1) letter c shall aim at reorganizing life and developing patterns of life to improve community sociocultural life condition. (2) Reorganizing community sociocultural life shall require: a. elimination of community disaster trauma; 45 b. community preparedness through disaster awareness and disaster concern campaigns; c. adjustment of community sociocultural life to disaster-prone environment; and d. greater community participation in disaster risk reduction activity. (3) In coordination with BNPB Head or BPBD head, the related agencies/institution shall carry out community sociocultural life revival activities as referred to in paragraph (1), in accordance with their respective authority. Paragraph 4 Design Application Article 86 (1) Application of appropriate design and the use of improved and disaster-resistant equipment as referred to in Article 75 paragraph (1) letter d shall: a. improve stability and functions of facilities and infrastructure to become capable of anticipating disasters and disaster-resistant; and b. reduce possibility of greater damage from disasters. (2) Application of appropriate design and the use of improved and disaster-resistant equipment shall require: a. a design resulted from research and development; b. adjustment to spatial structuring; c. awareness of condition of and damage to the region; d. awareness of local wisdom; and e. adjustment to level of disaster in the region concerned. 46 (3) In coordination with BNPB Head, the related agencies/institution shall carry out the application of appropriate design and use of improved and long-lasting equipment. Paragraph 5 Participation of Social Institution/Organization, Business World, and Community Article 87 (1) Participation of social institutions and organizations, business world and communities as referred to in Article 75 paragraph (1) letter e shall aim at encouraging greater participation to help reorganizing disaster-prone areas in a better direction and raise concern in disaster-prone areas. (2) Reorganization of disaster-prone areas as referred to in paragraph (1) shall require: a. disaster concern campaigns; b. appeal for greater concern and solidarity within institutions, social organizations, and business world; and c. appeal for greater participation in financing and preparation for facing disasters. (3) Participation of social institutions and organizations, business world and communities shall be undertaken by related agency/institution in coordination with the BNPB. Paragraph 6 Improvement to Social, Economic, and Cultural Conditions Article 88 (1) Improvement to social, economic, and cultural conditions as referred to in Article 75 paragraph (1) letter f shall aim at better conditions and life. (2) Improvement to social, economic, and cultural conditions as referred to in paragraph (1) shall 47 require: a. fostering of disaster-affected community capability and skill; b. empowerment of joint business groups through provision of aid and/or goods; and c. creation of productive lines of business. (3) In coordination with BNPB and BPBD, the related agencies/institution shall make improvement to social, economic, and cultural conditions as referred to in paragraph (2). Paragraph 7 Improvement to Public Service Functions Article 89 (1) Improvement to public service functions as referred to in Article 75 paragraph (1) letter g shall reorganize and improve public services for community to motivate community life at post disaster area for the better. (2) Reorganization and improvement to public service functions as referred to in paragraph (1) shall require: a. preparation of long term program for improvement to public service functions; and b. development of more effective and efficient mechanism and system for public services. (3) Related agencies/institution shall carry out improvement to public service functions as referred to in paragraph (1). Paragraph 8 Improvement in Essential Services to the Community Article 90 (1) Improvement to essential services to the community as referred to in Article 75 paragraph (1) letter h shall help improving essential services 48 for providing prime services. (2) Improvement to essential services to the community as referred to in paragraph (1) shall require efforts of developing effective and efficient patterns of service to the community. (3) Related agencies/institution shall carry out improvement in essential services to the community as referred to in paragraph (1). CHAPTER V MONITORING AND EVALUATION Part One Monitoring Article 91 Disaster management monitoring is essential to continually monitor the implementation of disaster management. Article 92 The steering committee along with the executive committee of BNPB and/or BPBD shall carry out disaster management monitoring as referred to in Article 91 and may involve national and regional development planning agencies. The result will serve as materials for overall evaluation of disaster management. Part Two Reporting Article 93 (1) The steering committee and the executive committee of BNPB and/or BPBD shall prepare reports on disaster management. (2) Reports on disaster management as referred to in paragraph (1) shall serve for verification of BNPB and/or BPBD program planning. 49 Part Three Evaluation Article 94 (1) Evaluation of disaster management shall aim at achieving minimum standard and improving the performance of disaster management. (2) BNPB steering committee for handling disasters at national level and BPBD steering committee for handling disasters at regional level shall carry out the evaluation as referred to in paragraph (1). CHAPTER VI OTHER PROVISIONS Article 95 (1) In event that disaster management aid comes from a foreign country, BNPB shall have consultation and coordination with the Ministry of Foreign Affairs. (2) The provision as referred to in paragraph (1) shall be implemented in accordance with the provisions of legislation. CHAPTER VII CLOSING PROVISIONS Article 96 This government regulation shall come into effect as of the date of the promulgation. In order that this regulation is known to general public, it is ordered that this law be promulgated in the State Gazette of the Republic of Indonesiaeverybody may take cognizance hereof, enactment of this Government Regulation shall be published in the Republic of Indonesia’s Government Official Gazette. 50 Enacted in Jakarta On 28 February, 2008 THE PRESIDENT OF THE REPUBLIC OF INDONESIA, signed DR. H. SUSILO BAMBANG YUDHOYONO Promulgated in Jakarta On 28 February, 2008 MINISTER OF JUSTICE AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA, signed ANDI MATTALATTA STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2008 NUMBER 42 This copy is in conformity with original STATE SECRETARIAT OF THE REPUBLIC OF INDONESIA Head of Bureau for Legislation Division of Politic and People's Welfare, signed and sealed Wisnu Setiawan 51 ELUCIDATION OF GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 21 OF 2008 CONCERNING DISASTER MANAGEMENT I. GENERAL Indonesia comprises various ethnic groups coexisting with one another in the Unitary State of the Republic of Indonesia as a reflection of unity being a potential foundation for growth and development of the nation of Indonesia in facing various challenges, obstacles, and threats to people’s lives that are increasingly complex. The presently sound and enduring unity must always be maintained by the entire components of Indonesian citizens. This means that each and every challenge, obstacle, and threat to any of the territories of the Unitary State of the Republic of Indonesia would pose a threat to the entire nation and territories of the Unitary State of the Republic of Indonesia. The Unitary State of the Republic of Indonesia Unitary State that is consists of islands and located between the continents of Asia and Australia is not only strategically positioned in world trade route but also sensitive to disasters with a relatively high frequency that it calls for a systematic, integrated and well coordinated disaster management. For a systematic, integrated, and well-coordinated disaster management, the Government has stipulated and enacted Law Number 24 of 2007 concerning Disaster Management. The law shall be aimed at providing a strong legal ground for disaster management, at regency/city, provincial and national levels. Law Number 24 of 2007 concerning Disaster Management, as set forth in Article 4 shall aim at: 1. providing protection to community from disaster threat; 2. guaranteeing a well-planned, integrated, well-coordinated, and comprehensive disaster management. Thus, Law Number 24 of 2007 shall give a balanced attention to disaster management from previous tendency towards provision of aid and support, to efforts of pre-disaster management. 52 In this regard, it is necessary to stipulate a government regulation on disaster management which the scope shall include: a. all efforts of disaster management during pre-disaster, emergency response, and post-disaster periods; b. emphasis on preventive efforts during pre-disaster period; c. providing easy access to disaster management agencies during emergency response period; and d. implementation of rehabilitation and reconstruction efforts during post-disaster period. II. ARTICLE BY ARTICLE Article 1 Self-explanatory. Article 2 Self-explanatory. Article 3 Self-explanatory. Article 4 Self-explanatory. Article 5 Self-explanatory. Article 6 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Letter a “Disaster threat” means any natural symptom/disaster or activity/event with potential disaster. 53 Letter b “Community vulnerability” means community social, economic, and cultural conditions leading to incapability of facing disaster threat. Letter c “Analysis of potential disaster impact” means efforts to evaluate the risk of potential disaster occurrence and impact. Letter d “Disaster risk reduction” means efforts to face disaster risk. Letter e “Selection of mechanism for alertness and for disaster impact management” means selection of implementation procedure and working arrangement. Letter f “Allocation of tasks, authority, and resources” means planning for allocation of existing tasks, authority, and resources in each related agencies/institution. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Paragraph (6) Self-explanatory. Paragraph (7) Self-explanatory. Article 7 Paragraph (1) 54 Self-explanatory. Paragraph (2) Letter a Recognition and monitoring of disaster risk shall aim at gathering data on threat, vulnerability, and community capability to face disasters. These three aspects then shall be used to carry out disaster risk analysis. Letter b Self-explanatory. Letter c Self-explanatory. Letter d Self-explanatory. Letter e “Physical efforts” shall include the building of facilities and infrastructure, houses, public facilities, and other constructions. “Nonphysical efforts” shall mean training and community awareness activities. Article 8 Paragraph (1) Self-explanatory. Paragraph (2) Letter a “National action plan” means action plan at national level carried out in a certain period. Letter b “Regional action plan” means action plan at regional level carried out in a certain period. 55 Paragraph (3) Agencies involved in planning for disaster management at national level include: BAPPENAS, related department/nondepartmental government institution. “Business institution” means any legal entity that may take the forms of state-owned enterprise, region-owned enterprise, cooperative, or private company established in accordance with the provisions of legislation, which runs a type of fixed and continual business, working and residing in the territory of the Unitary State of the Republic of Indonesia . Paragraph (4) Self-explanatory. Paragraph (5) Agencies involved in planning for disaster management at provincial level shall include: BAPPEDA, related Regional Government Personnel Work Units. Regency/city level they include: BAPPEDA, related Regional Government Personnel Work Units. Paragraph (6) Self-explanatory. Paragraph (7) National action plan and regional action plan for disaster risk reduction shall mean integration of plans of operation carried out by related agencies/institution in disaster risk reduction. Article 9 Self-explanatory. Article 10 Self-explanatory. 56 Article 11 Self-explanatory. Article 12 Self-explanatory. Article 13 Self-explanatory. Article 14 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) “Agency/institution/organization” means an agencies/institution/organization with the main tasks of research and development. Article 15 Self-explanatory. Article 16 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) “Business institution” means any legal entity that may take the forms of state-owned enterprise, region-owned enterprise, cooperative, or private company established in accordance with the provisions of legislation, which runs a type of fixed and continual business, working and residing in the territory of the Unitary State of the Republic of Indonesia . 57 Article 17 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) “Contingency plan” means a process of forward planning for unforeseen situations in order to better prevent or overcome an emergency or critical situation by mutually agreeing on scenario and objective, determining technical and managerial actions as well as response and mobilization of potentialities. Article 18 Self-explanatory. Article 19 Self-explanatory. Article 20 Self-explanatory. Article 21 Paragraph (1) Letter a Quick study during the emergency response shall aim at determining the level of damage and the need for quick management. Letter b Deciding on disaster emergency status shall include disaster level. Letter c Rescue and evacuation of disaster-affected community shall include emergency health 58 services. Letter d Self-explanatory. Letter e Self-explanatory. Letter f The term “immediate recovery of essential facilities and infrastructure” in these provisions shall also be called emergency recovery. Paragraph (2) Self-explanatory. Article 22 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Letter a Self-explanatory. Letter b Self-explanatory. Letter c Damage to facilities and infrastructure shall include material and non-material losses. Letter d Self-explanatory. Letter e Self-explanatory. Article 23 59 Paragraph (1) Emergency status shall begin since the time of red alert status, emergency response, and transition from emergency to recovery. Paragraph (2) Self-explanatory. Article 24 Letter a Self-explanatory. Letter b In these provisions, “mobilization of equipment” shall include equipment for land, air and sea transportation, evacuation equipment, health equipment, water supply equipment, sanitation equipment, emergency bridge, heavy equipment, tents, and temporary dwelling places. Letter c In these provisions, "mobilization of logistics" shall include foodstuff, clothing, medicines, water supply, and sanitation. Letter d In these provisions, “excise” shall include customs. Letter e Self-explanatory. Letter f Self-explanatory. Letter g Self-explanatory. Letter h Self-explanatory. 60 Letter i Self-explanatory. Article 25 Paragraph (1) In these provisions, “agency/institution” shall mean, among others, National SAR Agencies, Indonesian Armed Forces, Republic of Indonesia National Police, Department of Public Works, Department of Health, and Department of Social Affairs. In these provisions, “community” shall include volunteers and nongovernmental organizations, with independency, skill, competence, and knowledge, as well as high commitment and spirits in providing humanitarian aid. Paragraph (2) Self-explanatory. Article 26 Paragraph (1) In these provisions, “rescue and evacuation of disaster victims” shall include search and rescue, emergency aid for, and evacuation of victims. In this provision, ”fulfillment of basic necessities” shall include fulfillment of need for water supply and sanitation, food, clothing, healthcare, and temporary accommodation. In these provisions, “recover the functions of essential facilities and infrastructure” shall include recovery of the functions of drinking water installation, electricity, communication network, and transportation. Paragraph (2) Self-explanatory. Article 27 61 Self-explanatory. Article 28 Self-explanatory. Article 29 Self-explanatory. Article 30 Self-explanatory. Article 31 Paragraph (1) Self-explanatory. Paragraph (2) Mobilization of equipment and logistics to disaster area shall mean the use or operation of aid equipment coming from outside the territory of the Unitary State of the Republic of Indonesia for disaster emergency response in the forms of motor vehicles, aircrafts, and communications equipment. Article 32 Paragraph (1) In these provisions, “easy access” shall mean not only exemption from import duty and import taxes but shall also include other easy access, such as permit to enter territory and fueling up. Paragraph (2) Self-explanatory. Article 33 Paragraph (1) Ease of process and service for granting limited stay permit shall include ease of process and service in preparing their departure from Indonesia. 62 Paragraph (2) Self-Explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Article 34 Self-explanatory. Article 35 Self-explanatory. Article 36 Paragraph (1) Self-explanatory. Paragraph (2) “The provisions of legislation” refers to legislation on customs and taxation, such as: a. Law Number 10 of 1995 concerning Customs as amended by Law Number 17 of 2006 concerning Amendment to Law Number 10 of 1995 concerning Customs; b. Government Regulation Number 19 of 1955 concerning Regulation on Exemption from General Import Duty and Export Duty for Need of Certain Foreign Official and Expert Groups; c. Government Regulation Number 8 of 1957 concerning Exemption from Import Duty on the Basis of International Relations; d. Government Regulation Number 6 of 1969 concerning Exemption from Import Duty. 63 Paragraph (3) Recommendation from BNPB shall have attachments of letter of estimated goods value, bill of lading/air waybill, and donation certificate. Article 37 Equipment or logistics with potential danger shall be kept in quarantine. Article 38 Subsection (1) “Foreign personnel and/or certain equipment” shall include foreign military personnel or foreign personnel from a country with no diplomatic relations with the Government of the Republic of Indonesia and/or foreign military transportation equipment carrying aid for disaster emergency management. Therefore, it is necessary to have a particular license from responsible agency/institution in defense and security sector or in foreign relations. Paragraph (2) “Easy access” in these provisions means that a particular license can be obtained any time, any place, and through easy communication facilities. Article 39 Self-explanatory. Article 40 Self-explanatory. Article 41 Self-explanatory. Article 42 Self-explanatory. Article 43 Self-explanatory. 64 Article 44 Self-explanatory. Article 45 Paragraph (1) “Community” in these provisions means individuals, business world, corporate bodies, non governmental organizations, international institutions, and non-governmental foreign institutions. Paragraph (2) Self-explanatory. Paragraph (3) Reporting to the public shall require the use of mass media accessible to the community. Article 46 Self-explanatory. Article 47 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) “Command system for disaster emergency response” means a disaster emergency management standard used by all agencies/institutions through an integrated mobilization of facilities, equipment, personnel, procedures, and communication in an organizational structure. Paragraph (5) 65 Self-explanatory. Article 48 Self-explanatory. Article 49 Self-explanatory. Article 50 Self-explanatory. Article 51 Self-explanatory. Article 52 Self-explanatory. Article 53 Paragraph (1) Self-explanatory. Paragraph (2) “Assistance/facilitation” means required efforts and roles that can be provided by the BNPB to the region for disaster management in technical, administrative, equipment, and financing terms. Article 54 Paragraph (1) “Immediate recovery of essential facilities and infrastructure” shall include cleanup of ruins, garbages, muds, and damaged and hazardous materials, as well as repair to emergency facilities such as water installation, electricity network, telecommunications, and irrigation network. Paragraph (2) Self-explanatory. Article 55 Self-explanatory. 66 Article 56 Paragraph (1) Letter a Improvement to disaster area environment in these provisions shall aim at returning the conditions of environments that can support community life such as those of settlement, industry, business, and conservation area adjusted to spatial structuring. Letter b Repair to public facilities and infrastructure in these provisions shall aim at supporting the smooth running of economy and community life, including road network system, transportation, water supply, sanitation, electricity and energy, communication and other networks. Letter c Provision of aid for community housing repair in these provisions shall aim at repairing the condition of community houses in support of community life, including house components, infrastructure, and housing environment facilities that enable adequate social and economic life in accordance with the standard for housing construction as regulated in legislation. Letter d Sociopsychological recovery in these provisions shall aim at improving the community social and psychological life that they can continue their living and livelihood through social rehabilitation services in the form of counseling for families of victims that experienced disaster trauma, family consultation service, and social assistance/facilitation. 67 Letter e Healthcare in these provisions shall aim at recovering disaster victims health. Letter f Reconciliation and conflict resolution in these provisions shall aim at decreasing social conflict escalation, including preparation for foundation of reconciliation and social conflict resolution. Letter g Social, economic, and cultural recovery in these provisions shall aim to recovering the community social, economic, and cultural life by reviving the community social, economic, and cultural activities. Letter h Security and order recovery in these provisions shall aim at recovering conditions of public security and order by reactivating the related security and order institutions. Letter i Self-explanatory. Letter j Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Article 57 Paragraph (1) Self-explanatory. 68 Paragraph (2) “Insufficient APBD” occurs if based on analysis of damage and loss, the required fund for rehabilitation reaches 20% (twenty percent) of APBD. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 58 Paragraph (1) Self-explanatory. Paragraph (2) “Insufficient APBD” occurs if based on analysis of damage and loss, the required fund for rehabilitation reaches 20% (twenty percent) of APBD. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 59 Self-explanatory. Article 60 Self-explanatory. Article 61 Self-explanatory. Article 62 Self-explanatory. Article 63 69 Self-explanatory. Article 64 Self-explanatory. Article 65 Self-explanatory. Article 66 Self-explanatory. Article 67 Self-explanatory. Article 68 Self-explanatory. Article 69 Self-explanatory. Article 70 Self-explanatory. Article 71 Self-explanatory. Article 72 Self-explanatory. Article 73 Self-explanatory. Article 74 Self-explanatory. Article 75 Paragraph (1) Letter a Rebuilding of facilities and infrastructure in these provisions shall aim at rebuilding facilities and infrastructure for the growth 70 of community life at post-disaster area. Letter b Rebuilding of community social facilities in these provisions shall aim at enhancing the function of social community facilities damaged by disaster so that the community activities can grow at post-disaster area, to include educational facilities, health facilities, orphanage, worship facilities, old age home, and village meeting hall. Letter c Community sociocultural life revival in these provisions shall aim at reorganizing sociocultural community life damaged by disaster so that the community’s activities can grow at post-disaster area, including re fulfillment of social functions of disaster victims so that the life condition of disaster victims becomes more worthy. Letter d Use of appropriate design with improved and disaster-resistant equipment in these provisions shall aim at reducing disaster risk caused by the succeeding disaster, so that the community life at post-disaster area can grow in accordance with spatial structuring. Letter e Participation of social institutions and organizations, business world and communities in these provisions shall aim at enhancing participation of social institutions and organizations, business world and communities in any aspects of community life at post-disaster area. Letter f 71 Self-explanatory. Letter g Self-explanatory. Letter h Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Article 76 Self-explanatory. Article 77 Self-explanatory. Article 78 Self-explanatory. Article 79 Self-explanatory. Article 80 Self-explanatory. Article 81 Self-explanatory. Article 82 Self-explanatory. Article 83 Self-explanatory. Article 84 Self-explanatory. Article 85 Self-explanatory. Article 86 Self-explanatory. Article 87 72 Self-explanatory. Article 88 Self-explanatory. Article 89 Self-explanatory. Article 90 Self-explanatory. Article 91 Self-explanatory. Article 92 Self-explanatory. Article 93 Self-explanatory. Article 94 Self-explanatory. Article 95 Self-explanatory. Article 96 Self-explanatory. SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 4828 TRANSLATOR’S STATEMENT The translation is rendered accurately and consistently from Indonesian into English. Jakarta, March 28, 2009 Pahala Tamba Sworn Translator E-mail: ptamba@indo.net.id