Regional Regulation of the Province of Jakarta Capital Special Region No. 9/2011 on Regional Disaster Mitigation Board

16 GQV /t\ENT R ULATIOMS REGIONAL DISASTER MITIGATION BOARD (Regional Regulation of the Province of Jakarta Capital Spe­ cial Region Number 9 Year 2011 dated November 14, 2011) BY GRACE OF GOD THE ALMIGHTY THE GOVERNOR OF THE PROVINCE OF JAKARTA CAPITAL SPECIAL REGION Considering: a. that in order to implement the provision of Article 18 Law Number 24 Year 2007 on Disaster Miti­ gation and Article 2 of Regulation of the Minister of Home Affairs Number 46 Year 2008 on Guid­ ance for Organization and Working Mechanism of Regional Disaster Mitigation Board as well as Regulation of the Head of the National Agency for Disaster Mitigation, it is necessary to establish a regional disaster mitigation board of the province of Jakart::i Capital Special Region; b. that having regards to letter a, it is necessary to enact a regional regulation on regional disaster mitigation board; In view of: 1. Law Number 8 Year 1974 on Personnel Principles (Statute Book of the Republic of Indonesia Year 1974 Number 55, Supplement to Statute Book of the Republic of Indonesia Number 3041) as al­ ready amended by Law Number 43 Year 1999 (Statute BOOK ot the Republic of Indonesia Year 1999 Number 169, Supplement to Statute Book of the Republic of Indonesia Number 3890); 2. Law Number 17 Year 2003 on State Finance (Statute Book of the Republic of Indonesia Year 2003 Number 4 7, Supplement to Statute Book of the Republic of Indonesia Number 4286}; 3. Law Number 1 Year 2004 on State Treasury (Statute Book ot the Republic of Indonesia Year 2004 Number 5, Supplement to Statute Book of the Republic of Indonesia Number 4355); 4. Law Number 1 5 Year 2004 on Audit of State Fi­ nance Management and Accountability (Statute Book of the Republic of Indonesia Year 2004 Number 66, Supplement to Statute Book of the Republic of Indonesia Number 4400); 5. Law Number 25 Year 2004 on National Devel­ opment Planning System (Statute Book of the Republic of Indonesia Year 2004 Number 104, Supplement to Statute Book of the Republic of Indonesia Number 4421); 6. Law Number 3 2 Year 2004 on Regional Adminis­ tration (Statute Book of the Republic of Indonesia Year 2004 Number 125, Supplement to Statute Book of the Republic of Indonesia Number 4437) as already amended several times and the latest by Law Number 1 'l. Year 2008 (Statute j:jook ot GOVERNMENT REGULATIONS the Republic of Indonesia Year 2008 Number 59, Supplement to Statute Book of the Republic of Indonesia Number 4844); 7. Law Number 24 Year 2007 on Disaster Mitigation Board (Statute Book of the Republic of Indonesia Year 2007 Number 66, Supplement to Statute Book of the Republic of Indonesia Number 4273); 8. Law Number 29 Year 2007 on Provincial Admin i:,trotion of Jakarta Capitol Special Region os the Capital of the Unitary State of the Republic of In­ donesia (Statute Book ot the Republic ot Indone­ sia Year 2007 Number 93, Supplement to Statute Book of the Republic of Indonesia Number 4744); 9. Law Number 12 Year 2011 on Legislation Enact­ ment (Statute Book of the Republic of Indonesia Year 2011 Number 82, Supplement to Statute Book of the Republic of Indonesia Number 5234); 10. GovP.rnment Reo1ilc:1tion N11mhP.r 1 f; YP.c:1r 1 !=194 on Functional Position of Civil Servants (Stat ute Book of the Republic of Indonesia Yeai 1994 Number 22, Supplement to Statute Book of the Republic of Indonesia Number 3547); 11. Government Regulation Number 58 Year 2005 on Regional Finance Management (Statute Book of the Republic of Indonesia Year 2005 Number 140, Supplement to Statute Book of the Republic of Indonesia Number 4578); 12. Government Regulation Number 38 Year 2007 on Sharing of Public Administration Affairs be­ tween the Government, Provincial and Regency/ Municipal Administration \Statute Bool<. of the Republic of Indonesia Year 2007 Number 82, Supplement to Statute Book of the Republic of Indonesia Number 4737); 13. Government Regulation Number 41 Year 2007 on Organization of Regional Apparatuses (Stat­ ute Book of the Republic of Indonesia Year 2007 Number 89, Supplement to Statute Book of the Republic of Indonesia Number 4741); 14. Government Regulation Number 21 Year 2008 on the Implementation of Disaster Mitigation {Statute Book of the Republic of Indonesia Year 2008 Number 42, Supplement to Statute Book of the Republic of Indonesia Number 4858); 15. Presidential Regulation Number 8 Year 2008 on National Agency for Di::iaster Mitigation; 16. Regulation of the Minister of Home Affairs Num­ ber 1 3 Year 2006 on Guidance for Regional Fi­ nance Management as already amended several times and the latest by Regulation of the Minister of Home Affairs Number 21 Year 2011; 1 7. Regulation of the Minister of Home Affairs Num­ ber 45 Year 2008 on Model of Organization of Regional Apparatuses of the Province of Jakarta Capital Special Region; 18. Regulation of the Minister of Home Affairs Num­ ber 46 Year 2008 on Guidance for Organization and Working Mechanism of Regional Disaster Mit­ igation Board; 19. Regulation of the Head of the National Agency for Ois;istP.r MitigFttion Number 3 Year 2008 on Guid­ ance for the Establishment of Regional Disaster Mitigation Boord; 18 OVERNMENT REGULATIONS 20. Regional Regulation Number 10 Year 2008 on Organi7r1tion of RAgional Appmatuses (Reoinnal Book Year 2008 Number 10); By Joint Approval of THE REGIONAL LEGISLATIVE COUNCIL OF THE PROVINCE OF JAKARTA CAPITAL SPECIAL REGION And THE GOVERNOR OF THE PROVINCE OF JAKARTA CAPITAL SPECIAL REGION DECIDES: To stipulate: REGIONAL REGULATION ON REGIONAL DISASTER Ml I !GA I ION BOARD CHAPTER I GENERAL Article I Referred to in this regional regulation as: 1. Region st1alt be Hie Province of Jakarta Capital Specir1I Re9ion. 2. Regional Government shall be Governor and Re­ giondl App<:l1 al u~es a:; demtrn ts uf re1:1io11al ad­ ministrator. 3. Governor shall be the Head of the Provincial Re­ gion of Jakarta Capital Special Region. 4. Regional Legislative Council hereinafter abbrevi­ ated to DPRD shall be the Provincial legislative Council of Jakarta Capital Special Region. 5. Regional Secretariat shall be the Secretariat of the Province of Jakarta Capital Special Region. R RP.oionr1I Secretr1ry shrill hP. thA SAcretary of thA Province of Jakarta Capita! Special Region. 7. Wurki!l!:1 Deµa,lllle11l of Re1:1iu11dl Aµpdralus lie1e­ inafter abbreviated to SKPD shall be working de­ partment of regional apparatus of the province ot Jakarta Capital Special Region. 8. Working Unit of Regional Apparatus hereinafter abbreviated to UKPD shall be working unit or sub­ ordinate to SKPO. 9. Administrative City shall be administrative city in the province of Jakarta Capital Special Region. 10. Administrative Regency shall be Administrative Regency Kepulauan Seribu of the Province of Ja­ karta Capital Special Region. 11. Mayor shall be mayor of administrative city. 12. Regent shall be regent or administrative regency. 13. Regional Budget of Revenue and Expenditure hereinafter abbreviated to APBD shai! be Regional Budget of Revenue and Expenditure of the Prov­ ince ot Jakarta Capital Special Region, 14. Regional Disaster IVlitigation Board hereinafter ab­ breviated to BPBD shall be the Regional Disaster Mitigation Board of the Province of Jakarta Capi­ tal Special Region. 15. Disaster shall be event or a series of events in region, which threatens and affect human live and livelihood attributable to natural factors and/ or non-natural factors or human factors, environ­ mental damage, material loss and psychological impact. GOVERNMENT REGULATIONS 16. Natural Disaster shall hf! rlisRstP.r attributed to event or a series of event attributable to nature, among uthers, quc1ke, tsunc1111i, volcano eruption, flooding, droughts, hurricane and landslide. 17. Non-natural disaster shall be disaster attributable to non-natural event or a series of non-natural events, among others, technology failure, mod­ ernization failure, epidemics and disease out­ break. 18. Social Disaster shall be disaster attributable to event or a series of events attributed to human, covering social conflict between groups or com­ munities and terrors. 19. l he implementation of disaster mitigation shaU be a series of efforts covering the stipulation of development policies potential to trigger disaster, disaster prevention, emergency response and re­ habi!itation. 20. Prevention of Disaster shall be a series of activi­ ties executed to anticipate disaster through orga­ nin1tion ;is well as anpropriate Rnd effective mea­ sures. 21. Alertness shall be a series of activities executed to anticipate disaster through organization as well as appropriate and effective measures. 22. Mitigation shall be a series of efforts to minimize disaster risk, through physical development or awareness generation and enhancement of capa­ bility of encountering disaster threat. 23. Disaster Emergency Response shall be a series of activities taken promptly when disaster occurs in a bid to handle negative impacts arising from the disaster, covering rescue and evacuation of vic­ tims, materials, fulfillment of basic need, protec tion, settlement of refugees, rescue as well as restoration of infrastructure and facilities. 24. Rehabilitation shall be the improvement and reha­ bilitation of the whole aspects of public service up to an adequate level in post-disaster region with the main target normalizing or ensuring the normal work of the whole aspects of public administration and human life in post disaster region. 25. Reconstruction shall be reconstruction of the whole infrastructure and facilities, institution in post disaster region, either in the level of admin­ istration or community with the main target being the growth and development of economic, social and cultural activities, enforcement of law and or­ der, and the emergence of public participation in the whole aspects of social life in post disaster region. 26. Refuge shall be person or group of people who has or is forced to come out of their domicile for indefinite time as negative impact of disaster. 27. Steering shall be steering of BPBD. 28, Executor shall executor of BPBD. ulation CHAPTER II EST ABUSHMENT Article 2 BPBD shall be established by this regional reg 19 20 GOVERNMENT REGULATIONS CHAPTER ll! POSITION, TASK AND FUNCTION Part One Position Article 3 ( 1) BPBD shall constitute a regional apparatus subor· dinate and responsible to the Governor in execut­ ing disaster mitigation. (2) BPBD sho!I be led by o hcod assumed by Regional Secretary in ex officio. Part Two Task and Function Article 4 ( l) BPBD shall be assigned to: a. stipulate guidance and direction in accordance with policies of the regional government and the National Agency for Disaster Mitigation for disaster mitigation measures, covering disaster µreveritiu11, l1ar1dli11g uf emergem;y re:,;pun:,;e, rehabilitation,. Reconstruction fairly and equi~ tably as welt as in accordance with the need and developments; b. stipulate standard as well as the need for the execution of disaster mitigation on the basis of legislation; c. prepare, stipulate and inform vulnerable disas­ ter map; d. formulate and stipulate standard operating procedure for disaster mitigation; e. execute disaster mitigation m the region; f. report the execution of disaster mitigation to the head of region every month in normal con­ dition and at anytime in the state of disaster emergency; g. control the collection and distribution of mon­ ey and goods; h. hold accountability tor the use of the received budget and APBO; and L exercisG other obligations in accordance with legislation. CL) In order to execute the task as meant 1n para­ graph (1), BPBO shall function: a. to formulate and stipulate disaster mitigation and refugee handling policies by taking action promptly, quickly, effectively and efficiently; and b. to coordinate the execution of disaster miti gation acf1vities in an integrated manner and comprehensively. CHAPTER IV ORGAN!ZA T!ON Part One Organizational Structure Article 5 ( 1 l The organizational structure of BPBD shall consist of: a. Head; b. Steering committee; c. Executor; and d. Executive Unit. GOVERNMENT REGUlATIONS (21 The chart of organizational structure of BPBD shall be as contained in the attachment to this regional regulation. Part Two Head of BPBD Article 6 (1) The Head of BPBD shall be assigned to lead and coordinate the execution of tasks and tunctions of BPBD. (2) Further provision on the task of the head of BPBD shall be regulated by a regulation of the governor. Part Three Steering Committee Article 7 The steering committee shall be part of BPBD ln formulating policies, moniwri,1g a11d evaluati11y r~­ gional disaster mitigation. Article 8 \ 1) The steering committee shall be assigned to pro­ vide inputs and recommendations to the Head of BPBD in disaster mitigation. {2) The steering committee shall function to: a. formulate regional disaster mitigation policies; b. monitor; and c. evaluate in the execution of regional disaster mitigation. Article 9 The steering committee shall consist of: a. Chairman; and b. Member. Article 10 ( 1 I The chairman of the steering committee shall be assumed by the Head of BPBD. {21 The chairman of the steering committee shalt be assigned to lead and coordinate the execution ot tasks and functions of the steering committee as meant in Article 7 and Article 8. Article 11 ( 1) Members of the steering committee shall be 11 (eleven) persons, consisting of: a 6 (six) persnns frnm officials of the regional government; and b. 5 (fivt') per:;ons frorn professional cornrnuni­ ties. {2) The six members resulting from officials of the regional government shall be stipulated by the governor. (3) The five members resulting from professional communities shall be stipulated by the governor on the basis of result of fit and proper test ex­ ecuted by DPRD. Article 12 ( 1) The Head of BPBD shall announce publicly through media the registration and selection of prospective members of the steering committee 21 22 GOVERNMENT REGULATIONS and representatives of professional communities. 12) The registration and selection shall be executed by an independent team stipulated by the head of BPBD. (3) The Head of BPBD shall nominate 10 (ten) pro­ spective members of the steering committee from professional communities that result from the se­ lection as meant in Article 11 to the governor to be recommended to DPRD. (4) Further provision on registration and selection by the independent team as meant in paragraph (2) shall be regulated by a regulation of Hie governor. Article 13 ( 1 J OPRD shall organize tit and proper test tor pro­ spective members of the steering committee and representatives of professional communities rec­ ommended by the governor. (2) The fit and proper test as meant in paragraph (1) shall be executed in accordance with the provi­ sion of internal rule of DPRD. (:l) In r1cr.nrrlancP. with result of the fit and proper test as meant in paragraph (2), DPRD shall nomi­ nate 7 (seven) µ1uspe!;live 111tm11Jers ur the steer­ ing committee from professional communities to the governor. 14) The prospective members of the steering commit­ tee as meant in paragraph (3) shall be included into a list with serial number one up to serial num­ ber seven in accordance with the rating result of fit and proper test. (5) The prospective members of the steering commit­ tee having serial numhe.r onP. 11p to SP.rial n11mher five as meant in paragraph {4) shall be stipulated by the governor as members of the streering com­ mittee by a decision of the governor. (6) Prospective members of the steering committee with serial number six and seven shall become candidates for periodical alternate members of the steering committee. Article 14 The tenure of the members of the steering committee from professional communities shul! be 5 (five) years and the members may not be re-appointed tor the second term. Article 15 (1) Tf1e periodical recall of members ot the steering committee may be executed if member of the steering committee quits before the tenure fin­ ishes. ( 2) The member of the steering committee as meant in paragraph ( 1) shall quit because: a. the member passed away; b. the member does not assume his/her position anymore in the case of member of the steer­ ing committee and official of regional govern­ ment; c. the member tenders resignation from member of the steering committee on the basis of his/ her intention: and Business News 8293!8 10-2011 GOVERNMENT REGULATIONS d. the member fails to fulfill obligation as mem­ ber of the steering committee and/or has com­ mitted legal violation already securing legally fixed court-verdict. (3) Candidate for periodical alternate member of the steering committee shall be: a. official substituting member of the steering committee from official of regional govern­ ment; and b. prospective members of the steering commit­ tee with serial number six and seven as meant in Article 13 paragraph (6). Article 16 Individual persons or representatives of pro­ fessional communities eligible to register themselves and/or be registered to participate in selection of members of the steering committee shall meet the following requirements: a. Indonesian citizens; b. physically and mentally healthy; c. having good conduct; d having 30 (thirty) years old at the minimum and 60 (sixty) years old at the maximum; e. having nationali:sm per:spectivi::; f. having academic knowledge and experience in di saster mitigation; g. having high integrity; h. non-partisan; 1. not civil servant, member of the Indonesian Mili­ tary or Indonesian Police, except civil servant lee ture already securing license from the authorized official; and J- domicilf'd and living in the region. Pa.rt Four Executor Article 17 ( 1) Executor shall constitute a part of BPBD as a working department of regional apparatus in co­ ordinating, commanding, and executing regional disaster mitigation. (2) The executor shall become secretariat of BPBD and secretariat of the steering committee because of its position. (3) The executor shall be led by a head of the execu­ tor subordinate and responsible to the Head ot BPBD. Article 1 8 ( 1) The executor shall have the task of mitigating disaster in an integrated manner, covering pre­ disaster, emergency response and post-disaster. (2) In order to execute the task as meant in para graph ( 1), the executor shall perform functions: a. cuurdim:1li11g disc1ster mitigation; b. commanding disaster mitigation; and c. executing disaster mitigation. Article 19 ( 1) The organizational structure of the executor shall consist at: 23 24 GOVERNMENT REGUlATIONS. a. Head of Executor; b. Secretariat, composed of: 1. General Affairs Sub-section; 2. Planning Sub-section; and 3. Finance Sub-section; c. Prevention and Alertness Division, composed of: 1 . Prevention Section; 2. Alertness Section. d. Emergency and Logistics Division, composed of: ·t . Emergency Section; 2. Logistics Section; e. Rehabilitation and Reconstruction Division, composed of: 1 . Rehabilitation Section; 2. Reconstruction Section. f. Informatics and Controlling Division, r.om­ posed of: 1. Informatics Sedion; 2. Controlling Section. g. Group of Functional Position. (2) ln order to enhance the execution of task and function of the executor, task force may be es­ tablished in accordance with the need. (3) Further provision on the task force as meant in paragraph {2) shall be regulated by a regulation of the governor. Part Five Paragraph I Provincial Executive Unit Article 20 ( 1) Provincial executive unit shall be SKPD/UKPD of the board, service, public peace and order ser­ vice, bureau, and regional general hospital/special regional hospital with the task and function re­ lated to disaster mitigation (2) The board, service, public peace and order ser­ vice, bureau, and regional genera! hospital/special regional hospital as meant in paragraph ( 1) shall execute activities of disaster mitigation in accor­ dance with their respective tasks and functions. (3) The activities of disaster mitigation by SKPD/ UKPD as meant in paragraph (2) shall be execut­ ed under coordination and control of the head of BPBD through the head of executor. (4) Further provision on the execution of disaster mit igstion ac.tivitiP.s hy "the provincial e)(ec11"tive. unit shall be regulated by a regulation of the governor. Paragraph 2 Administrative City/Regency Executive Unit Article 21 Mayor/regent in accordance with his/her posi­ tion as the head of administrative city/regency admin­ istration shall constitute the head of executive unit within the scope of administrative city/reQencv. Article 22 ( 1 l The administrative city/regency executive unit shall be o"'lf\ce, sub-service, public peace and Business News 829]/8-ID-2012 OVERNMtNl f:tiULATIONl order service of administrative city/regency, technical executive unit of board/service in the region, section, district and sub-district with the tasks and functions related to disaster miti gation. (2) The office, sub-service, public peace and order serv1ce ot administrative city /regency, technical executive unit of board/service in the region, sec­ tion, district and sub-district as meant in para­ graph ( l) shall execute activities of disaster miti­ gation in accordance with their respective tasks and functions under coordination and control of mayor /regent. 13l The exer.lirion of rlisaster mitigation activities by the office, sub-service, public peace and order service of administrative city/regency, technical executive unit of board/service in the region, sec­ tion, district and sub-district as meant in para­ graph (2) shall be under coordination and control of regent/mayor. (4) Further provision on the execution of disaster mitigation activities by the administrative city/re­ gency executive unit shall be regulated by a regu­ lation of the govem ...... CHAPTER V WORKING MECHANISM Article 23 (1 l In executing the tasks and functions, BPBD shall be obliged to abide by and refer to the provision of legislation. (2) In executing the tasks and functions, BPBD shall apply the principles of coordination, cooperation, integration, synchronization, simplification, ac­ countability, transparency, effectiveness and ef ficiency. CHAPTER VI PERSONNEL AFFAIRS Article 24 Personnel affairs in BPBD shall be regulated in accordance with the provision of legislation. CHAPTER VII FINANCIAL Article 25 The expense budget of BPBD shell be borne by APBD in accordance with the provision ot legislation. Article 26 (1) In the framework of executing disaster mitigation, the reg"ional government through BPBD may re­ ceive, save and distribute assistance from com­ munities and/or other parties, be it the govern­ ment and/or private, in the form of money, goods and/or other resources. (2) The management of the assistance receipt as 111ec1nt in pc1ragiaµh l 1) ~hall be executed in ac­ cordance with the provision of legislation. CHAPTER VIII MISCELLANEOUS 25 26 GOVERHMENT REGULATIOHS Article 27 Further provision on description of tasks, functions and working mechanism of BPBD shall be regulated by a regulation of the governor. CHAPTER IX CONCLUSION Article 28 The regional regulation shall come into force as from the date of promulgation. For public cognizance, the regional regulation shall be promulgated by placing in Regional Book of the Province of Jakarta Capital Special Region. Stipulated in Jakarta On Novern ber 14, 2011 THE GOVERNOR OF THE PROVINCE OF JAKARTA CAPITAL SPECIAL REGION sgd FAUZI BOWO Promulgated in Jakarta On November 15,2011 THE REGIONAL SECRETARY OF THE PROVINCE OF JAKARTA CAPITAL SPECIAL REGION sgd FADJAR PANJAITAN NIP195508261 976011001 REGIONAL BOOK OF THE PROVINCE OF JAKARTA CAP\1 Al SPl:C1Al REGION YER 2011 NUMBER 9 ELUCIDATION ON REGIONAL REGULATION OF THE PROVINCE OF JAKARTA CAPITAL SPECIAL REGION NUMBER 9 YEAR 2011 ON REGIONAL DISASTER MITIGATION BOARD I. GENERAL The government has been highly committed and very serious in mitigating disaster. It could be understood and ascertained by stipulation of various legislation, such as Law Number 24 Year 2007 on Disaster Mitigation, Government Regula­ tion Number 21 Year 2008 on the Execution of Disaster Mitigation, Government Regulation Num­ ber 22 Year 2008 on Disaster Mitigation Funding, Regulation of the Minister of Home Affairs Num­ ber 46 Year 2008 on Guidance for Organization and Working Mechanism of Regional Disaster Mit­ igation Board and Regulation of the Head of the National Agency for Disaster Mitigation Number 3 Year 2008 on Guidance for the Establishment of Regional Disaster Mitigation Board. In line with the commitment and realizing the possibilities of disaster in the province of Jakarta Capital Special Region, the establishment of Regional Disaster Mitigation Board is badly needed. The establishment of the Regional Disaster Mitigation Board constitutes a part and effort of GOVERNMENT RFGLH ATION' the provincial administration of Jakarta Capital Special Region in mitigating disasters potential to occur in the region. The establishment of the re­ gional disaster mitigation board is expected to be capable of answering cum realizing the alertness of the provincial government ot Jakarta Capital SrP.ci;il rP.gion in mitigating disasters before disas­ ter, during emergency response and after disas In the pre-disaster phase, the Regional Disas­ ter Mitigation Board of the Province of Jakarta Capital Special Region is expected to be capable of executing, formulating and coordinating opti­ mally: 1. Disaster mitigation planning; 2. Disaster risk reduction; 3. Prevention; 4. Guidance in development planning; 5. Requirement for disaster risk analysis; 6. Implementation and enforcement of spatial plan; 7. Education and training; and 8. Requirement for technical standard of disaster mitigation. The activities are executed in the pre-disaster phase, namely in the state of no disaster and the existence of disaster potential. If the activities are executed properly, understanding and alertness of regional government apparatuses, residents as well as other stakeholders of disaster mitigation on disaster may materialize. In tlle state ot emergency response, the Re gional Disaster Mitigation Board would be able to coordinate command and/or organize properly the following activities: 1. Quick and accurate assessment of location, damage, loss and resources; 2. Determination of status of disaster emergen­ cy; 3. Rescue and evacuation of people affected by disaster; 4. Fulfillment of basic need; 5. Protection of vulnerable groups; and 6. Prompt restoration of vital infrastructure and facilities. Through the above mentioned activities, vic­ tims and losses attributable to disaster may be minimized. In the post disaster phase, the Regional Disas ter Mitigation Board is expected to be capable of coordinating, controlling and/or executing: 1. Rehabilitation, covering activities: a. Improvement of the environment of disas­ ter region; b. Improvement of public infrastructure and facilities; c. Provision of assistance for the improve ment of houses of communities; d. Socio psychological restoration; e. Medical service; t. Conflict reconciliation and resolution; g. Socio, economic and cultural recovery; h. Restoration ot security and order; Business News 82'13'8 J!)..2012 27 28 GOVERNMENT REGULATIONS I. Restoration of administration function; and J. Restoration of public service function. 2. Reconstruction in disaster area is executed througt1 activities: a. Development of infrastructure and facili­ ties; b. Reconstruction of social facilities of com munities; c. Revival of socio cultural life of communi­ ties; d. Application of appropriate design and the use of better and disaster-resistant equip ment; e. Participation and role of social institutions and organizations, business communities and communities; f. Enhancement of social, economic and cul­ tural condition; g. Enhancement of public servree function; and h. enhancement ot public and community service. If the activities in Point 1 and Point 2 are ex­ ecuted properly, livelihood of the people affected by disaster would recover, revive and develop. The regional regulation provides certainty about the perseverance of the Provincial Govern­ ment of Jakarta Capital Special Region to disaster mitigation. The perseverance is based on con­ sideration about the powerful impac.ts if disaster occurred. Disaster may cause multi-impacts such as the loss of human life and other creatures, de­ struction of infrastructure and facilities as well as other substantial material- and non-material loss es. The regional regulation only regulates the establishment of disaster mitigation board while technical issues related to disaster mitigation should be regulated by governor reaulation so thc1t the regional regulation could apply in a relatively long period and in the case of technical policies changing, it's sufficient to replace or amend gov­ ernor regulation as the implementing regulation of this regional regulation. The Regional Disaster Mitigation Board in ex­ ecuting the tasks and functions is demanded to maximize coordination, cooperation and partner­ ship with working departments/units of regional apparatuses and/or institutions/private/communi­ ties. To the best of our beliefs, the regional di­ saster mitigation board is impossible to mitigate disaster personally so that the active role/involve­ ment of the whole components of stakeholders is badly needed. In the framework of coordination, cooperation and partnership, the regional disas­ ter mitigation board is demanded to be capable of developing effective communications with the whole stakeholders. lnstit11tinnc1lly, the region;:il disc1ster mitigation board constitutes a special agency. It may be un­ derstood hum the structure of the board, consisting OVEA.NMENT REGULATIONS head assuming by Regional Secretary in ex-officio, steering committee consisting of officials of region­ al apparatuses, with representatives of professional communities, executor and SKPD/UKPD as execu tive unit. The specialty constitutes an indicator of the complexity and heavy burden or ui::;a::;ler 1nitiyc1 tion so that the board needs to be led by the high­ est official in the region, namely Regional Secre­ tary with bicameral organization, namely steering and executor. It's also necessarv to underline that the execution of the complicated and heavy re­ sponsibility would be more optimal if the com­ munities are involved directly by incfudinq rep­ resentatives of professional communities in the steering committee. The institutional specialty of the regional disaster mitigation board would be applicative 1t the persons assuming the stipulated position, particularly in the executor are capable in executing their position. The executor plays im­ portant role in the organization of the regional di­ saster mitigation board because it would become the main assistant of the head of BPBD in the case of: 1. Liaison of the Head of BPBD to steering; 2. Planning and execution of work plan and bud­ get of Br>BD; 3. Communications with the whole stakeholders of disaster mitigation; 4. Day to day operational executive of tasks and functions of BPBD; 5. Executive of administration of BPBD and steering committee. ti. ARTICLE BY ARTICLE. Article 1 up to Article 3 Sufficiently clear Article 4 Paragraph { 1) Letter a and Letter b Sufficiently clear Letter c The definition of disaster vu!nerable in this letter is a geological, biological, clirnatologic, socio, cultural, political, economic and technological condi­ tion or characteristic in a region in a specified pe­ riod, which reduces capability of preventing, curb­ ing, achieving readiness and reducing capability of responding to negative impacts of certain danger. Letter d up to Letter h Sufficiently clear Paragraph (2) Letter a Acting promptly and appropriately means di­ saster mitigation must be executed quickly and ap­ propriately in accordance with the demand of situa­ tion and cond\t\on. 29 30 GOVERNMENT REGULATIONS Article 5 up to Article 10 Sufficiently clear Article 11 Paragraph ( 1) Letter a Sufficiently clear Letter b Prnfessinn,il r,nmmunitiP.s arP. individuals, members of communities having knowledge, experi­ ence in disaster issues. Paragraph (2) and Paragraph (3) Sufficiently clear Article 1 2 Paragraph ( 1) Sufficiently clear Paragraph (2) The definition of independent team in this paragraph ( 11 is ad hoc team established by the Head of BPBD with the members cons·1sting of officials of regional government and professionals. Paragraph (31 and Paragraph (4) Sufficiently clear Article 13 Suffidently cle;;:H Article 14 Pursuant to the provision of the article, every member of the steering committee of BPBD may only assume one term of office, namely 5 (five) years. Article 15 up to Article 23 Sufficiently clear Article 24 The legislation means the provision of person­ nel legislation. Article 25 The expenditure budget means the budget of expense allocated in the execution of tasks and func­ tions of BPBD, among others, the formulation of di­ saster policies, coordination, monitoring, evaluation, integration of program, control, socialization, educa­ tion and training and emergency command of disaster mitigation. Article 26 Paragraph ( 1) Sufficiently clear Paragraph (2) The legislation as meant in this paragraph is the provision of legislation in accordance with the ori­ gin, nature, and form of assistance. Article 27 and Article 28 Sufficiently clear SUPPLEMENT TO REGIONAL BOOK OF THE PROVINCE OF JAKARTA CAPITAL SPECIAL REGION NUMBER 23 (R)