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Comparative Analysis of Disaster Management

Between Indonesia and Japan from Regulatory


and Institutional Aspects
Titie Yustisia Lestari1,1, Rahmia Rachman , and Adhiesty Septhiany Prihatiningsih
Syamsuddin
1Legal Science, Law Faculty, Tadulako University, Palu Central Sulawesi

Abstract. The Indonesian government still faces several obstacles in


handling disasters. One classic obstacle is the implementation of disaster
management regulation that are not yet optimal. Japan’s regulation on
disaster management has been in existence since 1941, indicating that the
readiness of the Government of Japan in tackling disasters has begun long
before the Indonesian Government enacts Law no. 24 of 2007. This study
uses comparative analysis research method by comparing the regulation
related to disaster prevention in Japan and Indonesia. In addition the author
also tries to make comparisons between disaster management agencies that
exist in Japan and Indonesia. The results show that the readiness of the
Government of Indonesia related to the regulation and institutional of
disaster management has undergone significant improvement since the
handling of the earthquake and tsunami that hit Aceh and Nias in 2004 ago.
There are many disaster management differences between Indonesia and
Japan. One of the significant ones is the alertness of the Japanese
government in conducting preventive prevention through socialization of
disaster reduction that involves all elements of society.

1.1 Introduction
Indonesia and Japan as a disaster-prone country are required to have good disaster
management. Unlike Indonesia, Japan is one of the countries that often experience natural
disasters. One of the natural disasters that rocked Japan in the last 10 years was the Great
East Japan Earthquake that shook Japan in May 2011 which resulted in approximately
21,839 fatalities. The disaster was followed by a tsunami which then caused considerable
damage to one of the nuclear reactors in Japan, the Fukushima nuclear reactor which is still
in the recovery stage. Japan is located in the Circum Pacific Mobile Belt where seismic and
volcanic activities occur constantly. Although the country covers only 0.25% of the land
area on the planet.
In addition, because of geographical, topographical, and meteorological conditions,
the country is subject to frequent natural disasters such as typhoons, torrential rains and
heavy snowfalls as well as earthquakes and tsunamis. Apart from the many natural disasters
that befell Japan, Japan is known as one of the countries with excellent disaster
management, this can be seen from the readiness of the government in handling disasters
that arise both on a small and large scale.

1
Titie Yustisia Lestari : titieyustisia@hotmail.com
The history of disaster management legislation in Japan began in 1940, namely the
promulgation of The Flood Control Act which was followed by The Disaster Relief Act in
the same year. Whereas Indonesia only has special regulations governing disasters in 2007
with the promulgation of Law No. 24 of 2007 concerning Disaster Management in response
to the tsunami that struck Aceh and Nias. However, implementation in the field is still
experiencing many obstacles, one of which is the awareness and knowledge of the
community related to disaster management.

1.2 Problem
Based on the above background, the following problems can be identified: how is the
comparison of disaster management between Indonesia and Japan in terms of legislation
and institutions?

1.3 Research Method


This research is a normative legal research by examining library material or
secondary data2. The implementation of this research was carried out using the comparative
approach method. Analysis is done by comparing various formulations of rules that govern
the same object.

2. Discussion
Act No. 24 of 2007 concerning Disaster Management states that disasters are events
or series of events that disrupt people's lives and livelihoods caused by both natural factors
and / or non-natural factors and human factors resulting in human casualties, environmental
damage and property losses and psychological impact3. In this law there are three types of
disasters namely disasters caused by natural factors, non-natural factors, and human factors
or social factors. Natural disasters include natural earthquakes, volcanic eruptions,
hurricanes, landslides, droughts, forest / land fires due to natural factors, plant pests,
epidemics, outbreaks, extraordinary events, and space / celestial events. . Non-natural
disasters include forest / land fires caused by humans, transportation accidents, construction
/ technology failures, industrial impacts, nuclear explosions, environmental pollution and
space activities. Social disasters include social unrest and frequent social conflicts in
society.
The birth of the Disaster Management Law followed by the enactment of several
implementing regulations such as Government Regulation Number 21 of 2008 concerning
Disaster Management, Government Regulation Number 22 of 2008 concerning Funding
and Management of Disaster Relief, Government Regulation Number 23 of 2008
concerning the Role of International Institutions and Non-Governmental Foreign
Institutions in Disaster Management, Presidential Regulation Number 8 of 2008 concerning
the National Disaster Management Agency has changed the disaster management paradigm
in Indonesia compared to the period before the Disaster Management Law. The paradigm,
which is disaster management no longer emphasizes the aspects of emergency response, but
also emphasizes the overall aspects of disaster management which include pre-disaster,
during disasters (emergency response), and after a disaster.

A. Implementation of Disaster Management Systems in Indonesia

2 S. Soekanto and S. Mamudji, Penelitian Hukum Normatif, Suatu Tinjauan Singkat, Rajawali
Press, Jakarta, hlm. 13-14 (2008)
3 Article 1 (1) Law Number 24 of 2007
Act Number 24 of 2007 concerning Disaster Management is promulgated as a way to
overcome the weaknesses of inter-sectoral coordination and provide a strong legal basis in
handling disaster problems. With the promulgation of Act Number 24 of 2007 concerning
Disaster Management, on April 26, 2007, it was hoped that a disaster management would
be systematic, integrated and coordinated.
Indonesia's position is geographically prone to disasters. Indonesia is located between
two active faults that are still colliding which makes it prone to earthquakes, where the
earthquake made it possible for the tsunami disaster. The tsunami in Aceh has become
undeniable evidence. Likewise with volcanic disasters, landslides etc. Along with the
progress and human needs for raw materials, there is also a list of disasters caused by non-
natural factors such as forest fires, floods, waste leakage, technology misuse, etc.
Act Number 24 of 2007 concerning Disaster Management consists of 13 Chapters and
85 Articles, with the main material included, among others, concerning a) the
implementation of disaster management is the responsibility and authority of the
government and regional government; b) that the emergency response phase is carried out
entirely by the National Disaster Management Agency and the Regional Disaster
Management Agency; c) fulfillment of community rights in the disaster management
process; d) opportunities for business institutions and international institutions to assist
disaster management activities; e) disaster management is carried out during pre-disaster,
during disaster and post-disaster; f) funds are provided from the APBN and APBD and
ready-to-use funds are also provided for which the accountability mechanism is carried out
specifically; g) supervision is carried out by the government, regional government and the
community; h) and finally the inclusion of criminal provisions.
The criteria for disaster status and level are determined by the central government
based on the number of victims, property losses, damage to facilities and infrastructure,
wide coverage affected by the disaster and socio-economic impacts arising. This criterion
will determine whether an event is called a disaster or not4.
In Act No. 24 of 2007 concerning institutional disaster management in disaster
management is carried out by the National Disaster Management Agency established by the
central government with presidential regulations. While in the area, the Regional Disaster
Management Agency was established with regional regulations5. The Regional Disaster
Management Agency is divided into two at the provincial and district / city levels. In Act
Number 24 of 2007 concerning Disaster Management, it is regulated on the matter of the
establishment of the two bodies above, including the authority, function, duties and
procedures for selecting the steering Committees. It should also be noted that although
Regional Disaster Management Agency was formed by the regional government, in its
formation it had to wait for National Disaster Management Agency. to be formed and
guidelines for the establishment of Regional Disaster Management Agency prepared by
National Disaster Management Agency.
At the time of the emergency response these two agencies were fully carried out, so
that it was regulated in Act Number 24 of 2007 concerning Disaster Management regarding
the ease of access to various resources spread across various sectors. The ease of access
includes also in terms of logistics deployment, immigration, excise and quarantine,
provision of goods and services, financial management and accountability and even
command to govern sectors / institutions. This is a manifestation of the desire to make
disaster management activities systematic, integrated and coordinated.
Article 12 of Act Number 24 of 2007 states the duties of BNPB namely:

4 See Article 7 (2) Act Number 24 of 2007


5 See Article 18 (1) Act Number 24 of 2007
1. Providing guidance and direction to disaster management efforts that cover
disaster prevention, handling emergency response, rehabilitation and
reconstruction fairly and equally;
2. Establishing standardization and needs for the implementation of disaster
management based on legislation;
3. Deliver information on disaster management activities to the community;
4. Reporting the implementation of disaster management to the President once a
month in normal conditions and at all times in disaster emergency conditions;
5. Use and account for national and international donations / assistance;
6. Account for the use of the budget received from the State Budget;
7. Carry out other obligations in accordance with the laws and regulations;
8. Develop guidelines for the establishment of Regional Disaster Management
Agency.
The outline of the scope of implementing disaster management becomes:
1. Disaster management covers pre-disaster, emergency response, and post-disaster;
2. Prioritize preventive efforts during pre-disaster;
3. Implementation of rehabilitation and reconstruction efforts in post-disaster.

The National Disaster Management Agency is a ministerial non-departmental


institution that is directly responsible to the President in dealing with disaster management.
National Disaster Management Agency then supervises the Regional Disaster Management
Agency which is an extension of National Disaster Management Agency in districts and
cities throughout Indonesia. National Disaster Management Agency is specifically
regulated in Presidential Regulation Number 8 of 2008 concerning the National Disaster
Management Agency. The organizational structure of National Disaster Management
Agency consists of the Head, the Guidance Committee for Disaster Management and the
Committees of Disaster Management Executors.
Members of the National Disaster Management Agency steering committee consist of
the chairperson held by the Chairman of BNPB and 19 members consisting of 10 officials
from relevant government institutions and 9 members of the professional community 6.

6See Article 10 and 11 Presidential Regulation Number 8 of 2008 concerning National


Disaster Management Agency
National Board for
Disaster Management

Chairman Steering Committee

Chairman of Government Experts


National Board For Officials
Disaster
Management

Executive
Committee

a. Main Secretariat;
b. Deputy for Prevention and
Preparedness;
c. Deputy for Emergency Management;
d. Deputy for Rehabilitation and
Reconstruction;
e. Deputy for Logistics and Equipment;
f. Main Inspectorate;
g. Center;
h. Technical implementation Unit.
Fig 1. Organizational Structure of the National Disaster Management Agency

The function of the Steering Committee is7 :


a. formulating the concept of national disaster management policies;
b. monitoring; and
c. evaluation in the implementation of disaster management.
The function of the Executing Committee is 8 :
a. coordination of the implementation of disaster management;
b. command of the implementation of disaster management; and
c. implementers in the implementation of disaster management.

7 See Article 9 Presidential Regulation Number 8 of 2008 concerning National Disaster


Management Agency
8 See Article 14 Presidential Regulation Number 8 of 2008 concerning National Disaster

Management Agency
B. Implementation of Disaster Management Systems in Japan

Japan’s legal instrument for the reduction of risk from natural disaster consist of the
Disaster Countermeasure Basic Act and other legal instrument which covers many types of
disaster such as earthquake, tsunami, erosion, building standard, city planning, land use,
road, landslide, typhoon, steep slope collapse, active volcanoes, fire, flood, river and forest
and etc. Japan has a long history of disaster management laws and system since 1945. The
unique thing regarding to the journey of disaster management laws in Japan that the
enactment of an Act was triggered by disaster that happen earlier.

Table 1. Japan’s Disaster Management Laws9

Disaster That Triggered Law/ System Disaster Management Laws


Introduction
• Typhoon Ida (1945) The Flood Control Act
• Typhoon Kathleen (1947)
Nankai Earthquake (1946) Disaster Relief Act
Fukui Earthquake (1948) The Building Standards Act
Typhoon Ise Wan (1959) • Soil Conservation and Flood Control
Urgent Measures Act
• Disaster Counter Measures Basic Act
• Central Disaster Management Council
Established
• Basic Disaster Management Plan
Heavy Snowfalls (1961) • Act On Special Financial Support to
Deal with Extremely Severe Disasters
• Act On Special Measures for Heavy
Snowfalls Areas
Niigata Earthquake (1964) Act On Earthquake Insurance
Torrential Rains in Uetsu (1967) • Act On Provision Of Disaster
Condolence Grant
• Mount Sakurajima Eruption (1973) Act On Evacuation Facilities In Areas
• Mount Asama Eruption(1973) Surrounding Active Volcanoes
The Seismological Society of Japan • Act On Special Measures Concerning
publishes reports on a possible Tokai Countermeasures for Large Scale
Eruption (1976) Earthquakes
• Act On Special Financial Measures for
Urgent Earthquake Countermeasure
Improvement Projects in Areas For
Intensified Measures
Miyagi Earthquake (1978) • Amendment of Order for Enforcement
of The Building Standard Law
Southern Hyogo Earthquake (The Great • Act On Special Measures For
Hanshin-Awaji Earthquake) (1995) Earthquake Disaster Countermeasure
• Act On Promotion of The Earthquake-
proof Retrofit of Buildings

9 DIRECTOR General For Disaster Management Cabinet Office, Government of Japan,


Disaster Management In Japan, Page 5 (2015)
• Amendment of Disaster
Countermeasure Basic Act
• Act on Special Measures for
Preservation of Rights and Profits of
The Victims of Specifies Disasters
• Act on Promotion of Disaster Resilience
Improvement in Densely Inhabited
Areas
• Act on Support for Livelihood Recovery
of Disaster Victims
Tokaimura Nuclear Accident (1999) Act On Special Measures for Nuclear
Disaster
Torrential Rains in Hiroshima (1999) Act on Promotion of Sediment Disaster
Countermeasures for Sediment Disaster
Prone Areas
Torrential Rains in Niigata, Fukushima • Amendment of The Flood Control Act
(2000) • Act on Special Measures for Promotion
of Tonhankai and Nankai Earthquake
Disaster Management
• Specified Urban River Inundation
Countermeasures Act
• Act on Special Measures for Promotion
of Disaster Management for Trench
type Earthquakes in The Vicinity of The
Japan and Chisima Trenches
Torrential Rains in Tokai Region (2004) • Amendment of The Flood Control Act
• Amendment of the Act on Promotion of
Sediment Disaster Countermeasures for
Sediment Disaster Prone Areas
Chuetsu Earthquake (2004) • Amendment of The Act on the
Regulation of Residential Land
Development
• Amendment of The Act on Promotion
of The Earthquake-proof Retrofit of
Buildings
Tohoku Earthquake and Tsunami (The • Act On Promotion of Tsunami
Great East Japan Earthquake) (2011) Countermeasures
• Act on Development of Areas Resilient
to Tsunami Disaster
• Amendment of Disaster
Countermeasures Basic Act on
Reconstruction from Large Scale
Disasters
• Amendment of The Act on Promotion
of The Earthquake-proof Retrofit of
Buildings
• Amendment of the Flood Control Act
and River Act
• Act on Special Measures for Land and
Building Leases in Areas Affected by
Large Scale Disaster
• Amendment of The Act on Special
Measure for Promotion of Nankai
Through Earthquake Disaster
Management
• Act On Special Measures Against
Tokyo Inland Earthquake
Heavy Snowfall (2014) • Amendment of Disaster
Countermeasures Basic Act
• Amendment of Act on Promotion of
Sediment
Hiroshima Landslide Disaster (2014) Disaster Countermeasures for Sediment
Disaster Prone Areas.

Disaster Countermeasures Basic Act is a national disaster management law of Japan


which consist definition of the 1) philosophy and the responsibility for disaster
management; 2) disaster management administration; 3) planning system management; 4)
promotion of disaster countermeasure; 5) protection of affected people and their livelihood;
6) financial measures;7) state of disaster emergency. Disaster Countermeasure Basic Act is
a legal foundation for the establishment of the Central Disaster Management Council who
is one of the councils that deals with crucial policies of the Cabinet and is established in the
Cabinet Office.10

Fig. 2 Cabinet Office and Related Ministries and Agencies11

Central Disaster Management Council prepared Basic Disaster Management Plan


which is a comprehensive and long-term disaster management plan forming a foundation
for the Disaster Management Operations Plan and Local Disaster Management Plan.
Disaster Management Operation Plan by each designated government organization and
designated public corporation; and the Local Disaster Management Plan by each prefectural

10 See Article 11 Disaster Countermeasure Basic Act


11 Ibid, Page 7
and municipal disaster council. These plans together establish a comprehensive disaster
management system in Japan which deals with all the phases of disaster management:
prevention; mitigation and preparedness; emergency response; and, recovery and
rehabilitation.

Fig. 3 Disaster Management Council12

Central Disaster Management Council comprised of the Prime Minister and Minister
of State for Disaster Management and all members of The Cabinet as The Chair. Heads of
Designated Public Corporation and experts on disaster-related issue acting as member of
the council. Designated Public Corporation consists of 66 organizations including
independent administrative agencies, Bank of Japan, Japanese Red Cross Society, Japan
Broadcasting Corporation (NHK), Nippon Telegraph and Telephone Corporation (NTT),
electric and gas companies.13
At the prefectural level, under a Local Disaster Management Plan which is prepared
by a Prefectural Disaster Management Council, governor, prefectural government,
designated local government organizations, designated local public corporations and other
concerned parties carry out measures for disaster management 14. At the municipal level,
under a Local Disaster Management Plan which is prepared by the a Municipal Disaster
Management Council, the head of city/town/village and municipal government implement
the measures in cooperation with the police, fire departments, community groups, schools
and other concerned parties.

12 Ibid, Page 8
13 See Article 2 (5) Disaster Countermeasure Basic Act
14 See Article 15 Disaster Countermeasure Basic Act
Fig. 4 Outline Of The Disaster Management System15

Fig. 5 Structure of Basic Disaster Management Plan16

15 Ibid, Page 8
16 Ibid, Page 9
As mentioned above, Basic Disaster Management Plan is a comprehensive and long-
term disaster management plan that stipulates provision for the establishment of the disaster
management system, promotion of disaster management measures, acceleration of post
disaster recovery and reconstruction measures, and promotion of scientific and
technological research on disaster management.
Details of measures for different types of disaster, as well as competence and duties of
institutions/stake holders in dealing with disasters, are prescribed by each specialized laws
(e.g. Flood Control Act, Landslide Prevention Act, Act on Special Measures for Active
Volcanoes, and Act on Special Measures for Disaster Prevention in Typhoon-prone Areas)
whereas the general countermeasures as well as general competence and duties are
provided for by the Disaster Countermeasures Basic Act.
There are four main aspects in Disaster Countermeasure Basic Act regarding to
disaster management which are disaster response, disaster preparedness, disaster mitigation
and prevention, and disaster risk reduction. Although disaster risk reduction is not explicitly
stated in the Act, the term of disaster prevention and preparedness is considered as parallel
to disaster risk reduction.
Disaster Countermeasures Basic Act allocated responsibilities in many party such as
prime minister, various ministries, local government, and communities. At level of prime
minister, most of the responsibilities are to designated administrative organs related to
disaster management, policy setting of disaster management, to establish headquarter for
major disaster control, to receive a report from the Central Disaster Prevention Council,
declare state of emergency, to receive reports from governor of disaster stricken prefecture.
There are several ministries involve in disaster management such as :

a. Minister of State for Disaster Management to compose the Central Disaster


Prevention Council as a member.17
b. Minister of Defense to:
1. receive a report from the mayor of the city or town or head of the village
about the condition of the disaster, when a disaster occurs or threatens to
occur in the territory of the city, town, or village and the mayor or the
village head requests the governor of the prefecture to issue a call of the
Self Defense Force Act18; and,
2. dispatch the troops for the protection of life and property without waiting
for a call – as having been informed as described above and in light of the
information received, deeming there to be particular urgency and no time
to wait for a call-up.19
c. Minister Of State to:
1. compose the Central Disaster Prevention Council as a member if
appointed by the Prime Minister20;
2. serve for the Headquarters for Major Disaster Control as a chairperson21;
3. serve for the Headquarters for Emergency Disaster Control as chairperson,
in the event that the Prime Minister is incapacitated 22;
4. serve for the Headquarters for Emergency Disaster Control as vice-
chairperson23; and,

17 See Article 12.5 (1)


18 See Article 68-2
19 See Article 68-2(2)
20 See Article 12.5 (2)
21 See Article 25
22 See Article 28-3
5. compose the Headquarters for Emergency Disaster Control as a member.
All ministers of state compose the Headquarters 24;.
d. Other competent minister to:
1. decide appropriately and expeditiously to fix the amount of rehabilitation
expenses (with respect to a rehabilitation program whose expenses are
met by the government, in part or in whole, or which is subsidized by the
government) on the basis of a report from the governor of the prefecture,
data presented by other local governments, and results of on-site
investigations25;
2. exercise full care with respect to work pertaining to the creation or
renovation of an establishment to be pursued concurrently with a
rehabilitation program in the interest of preventing a recurrence of
disaster, in fixing the amount of expenses for a rehabilitation program
under the preceding paragraph26; and,
3. report a summary of his/her action to the Central Disaster Prevention
Council, when a competent minister has fixed the amount of
rehabilitation expenses, or when the minister has established standards
for the implementation of a rehabilitation program27.
Community responsibility also stated in the Act at Article 7 provides for the
responsibilities of residents and others at prefectural, municipal and community levels.
Civil society actors explicitly mentioned in the Article are public organizations in the areas
of local public authorities and residents. The said public organizations are “obligated, by
law or under an appropriate area disaster prevention plan, to fulfil their responsibilities in
good faith”28.
Residents are to play such a role as “to contribute toward the cause of disaster
prevention by taking their own measures to prepare for disaster and by participating in
voluntary disaster prevention groups etc.”29. The role of civil society is also prescribed by
the Basic Framework for Promoting a Nationwide Movement for Disaster Reduction which
was decided and published by the Central Disaster Management Council in 2006 in order to
“promote a nationwide movement where individuals, families, communities, corporations
and other various groups and entities participate in continuous activities and investments
for mitigating disaster damage”30. The roles of civil society actors defined in this Basic
Framework (i.e. individuals, families, communities, corporations and other various groups
and entities) are various at national, prefectural, municipal and community levels, as
follows31:
1. Wider social involvement in disaster reduction activities. This includes the
introduction of disaster reduction events in usual community events such as local
festivals and the promotion of disaster reduction education at schools, volunteer
activities and communities;

23 See Article 28-3.4


24 See Article 28-3.6(1)
25 See Article 88
26 See Article 88.2
27 See Article 89
28 See Article 7
29 See Article 7.2
30 DIRECTOR General For Disaster Management Cabinet Office, Government of Japan,

Disaster Management In Japan, Page 40 (2015)


31 Background Report, Law and Regulation for the Reduction of Risk from Natural Disasters

in Japan, A National Law Desk Survey October (2012) Page 28


2. Provision of correct knowledge in an appealing and easy-to-understand way
(develop good materials). That is, to use various materials such as picture books,
photograph collections, picture-story shows and games and to use disaster
experience narratives;
3. Promotion of companies and families to invest in safety (investment incentive).
This includes: promotion of investments in safety for work places and houses;
enhancement of disaster reduction awareness in the private sector and commercial
districts in view of positive business management strategy; and, promotion of
preparations for business continuity plans;
4. Promotion of wider collaboration (network involving various stakeholders). That
is, collaboration among national and local governments, schools, community
centres, parent-teacher associations, companies, volunteer groups, etc.; and,
5. Continuous activities by individuals and various stakeholders (long-term
continuity). This includes the promotion of the establishment of community
stakeholder meetings for disaster reduction activities and giving reward to good
practices of disaster reduction activities in communities, schools, work places, etc.

C. Comparison of Disaster Management between Indonesia and Japan

Indonesia Jepang
Legal Product a. Act Number 24 of 2007 a.Disaster Countermeasure
concerning Disaster Basic Act
Management b.Disaster Relief Act
b. Presidential Regulation c.Flood Control Act
Number 8 of 2008 d.Building Standards Act
concerning National e.Act On Special Financial
Disaster Management Support to Deal With
Agency Extremely Severe
c. Government Regulation Disaster
Number 22 of 2008 f.Act on Special Measure
concerning Funding and for Heavy Snowfall
Management of Areas
Disaster Relief g.Act On Earthquake
d. Government Regulation Insurance
Number 21 of 2008 h.Act On Provision of
concerning Disaster Condolence
Implementation of Grant
Disaster Management i. Act on Evacuation
Facilities in Areas
Surrounding Active
Volcanoes
j.Act on Special Measure
Concerning
Countermeasures for
Large-Scale Earthquake
k.Act on Special Financial
Measures for Urgent
Earthquake
Countermeasures
Improvement Projects in
Areas for Intensified
measures
l. Act on Special Measures
for Earthquake Disaster
Countermeasures
m. Act on Promotion of
The Earthquake-proof
Retrofit of Buildings
n. Act on Special Measures
for Preservation of
Rights and Profits of The
Victims of Specified
Disasters
o. Act on Promotion of
Disasters Resilience
Improvement in Densely
Inhabited Areas
p. Act on Support for
Livelihood Recovery of
Disaster Victims
q and many more.

Established 2008 1984


Leader Chairman of BNPB Minister of State for
Disaster Management
Definition of Disaster Disasters are events or series Disaster means a storm,
of events that threaten and heavy rain, heavy snow,
disrupt people's lives and flood, high tide,
livelihoods caused by earthquake, tsunami, or
natural factors, non-natural other unusual natural
factors, as well as human event or a conflagaration
factors that cause human or explosion, or any other
lives, environmental damage of similar extent
damage, property losses and from a cause to be
psychological impacts prescribed by ordinance.

Disasters in Indonesia
consists of:
a. Natural disasters such as
earthquakes, tsunamis,
volcanic eruptions, floods,
droughts, hurricanes, and
landslides.
b. Non-natural disasters
such as technological
failures, failed
modernization, epidemics,
and disease outbreaks.
c. Social disasters such as
social conflicts between
groups or between
communities, and terror
Organizational Structure Disaster management in Disaster management in
Indonesia is handled by the Japan at the national level
National Disaster is handled by the Central
Management Agency which Disaster Management
is a ministry-level non- Council which consists of
departmental institution that Chairman and Members.
is directly responsible to the The Chairman is the Prime
President. The Minister while the
organizational structure of members are comprised of
the National Disaster 3 elements, namely the
Management Agency Minister of State for
consists of the Chairperson, Disaster Management and
Steering Committee and other Ministers of State,
Executive Committee. Heads of Designated Public
Corporations, Experts.
The Steering Committee
consists of 19 members, At the prefecture level
namely 10 officials from consists of a Governor, the
relevant ministries and 9 Prefectural Disaster
professionals. Management Council, a
Designated Local
Executive Committee works Government Organization,
under the Chairman of Designated Local Public
National Disaster Corporations.
Management Agency that is
divided into 8 units which At Municipal Level disaster
are: management is handled
a. Main Secretariat; jointly by Mayors of Cities,
b.Deputy for Prevention and Towns, and Villages and
Preparedness; the Municipal Disaster
c. Deputy for Emergency Management Council
Management;
d. Deputy for Rehabilitation
and Reconstruction;
e. Deputy for Logistics and
Equipment;
f. Main Inspectorate;
g. Center;
h.Technical implementation
Unit.

The National Disaster


Management Agency then
formed a Disaster
Management Agency in
each of the cities and
regencies that exist in all
regions of Indonesia based
on regional regulations.
Policy Making the central government is Central Disaster
responsible for determining Management Council
the allocation of disaster prepared Basic Disaster
management budgets in an Management Plan which is
adequate state budget for the highest-level plan based
revenues and expenditures, on Disaster
setting disaster management Countermeasures Basic
policies in line with national Act.
development policies,
developing development Disaster Management
plans that incorporate Operation Plan made by
elements of disaster each designated
management policies, government organization
determining national and and designated public
regional disaster status and corporation.
levels, determining policies
cooperation in disaster Local Disaster
management with other Management Plan made by
countries, or other each Prefectural And
international parties, Municipal Disaster
formulation of policies on Management Council.
the use of technology that
have the potential to be a Community Disaster
source of disaster or disaster Management Plan made at
hazard, formulation of community level which is
policies to prevent the establiseh by residents and
control and depletion of businesses jointly on a
natural resources that voluntary basis.
exceed natural capacity to
recover, and control the
collection and distribution
of money or national scale
goods

The Regional Government


has authority that is identical
with the authority of the
Central Government at the
level of regional
government

The National Disaster


Management Agency has
the authority to provide
guidance and direction to
disaster management efforts
that include disaster
prevention, emergency
response, rehabilitation and
reconstruction, establishing
standardization and need for
disaster management,
formulating and determining
policies for disaster
management and refugee
handling, formulating policy
concepts national disaster
management.
Community Involvement Arrangements regarding the The Government has
and Disaster Reduction involvement of other parties designated 1st September as
Promotion in disaster management are Disaster Preparedness Day
stated in Law Number 24 of and 5th November as
2007 which states that Tsunami Preparedness Day
everyone has the right to and carries out various
participate in planning, events to raise awareness
operating, and maintaining and readiness about
programs providing health disaster. Disaster drills and
care assistance including disaster reduction fairs are
psychosocial support, held in various parts of
participating in decision Japan.
making on disaster
management activities On January 17th is a
particularly those relating to Disaster Reduction and
themselves and their Volunteer Day and the
communities, carrying out week from January 15th to
supervision in accordance January 21st as Disaster
with the mechanism Reduction and Volunteer
regulated for the Week. During this one
implementation of disaster week period, seminars,
management, and must carry lectures, exhibitions, and
out disaster management. other events are held to
However, the regulation is promote the volunteer and
more specific and the autonomous disaster
mechanism for reduction activities when
implementing this rule is not disasters occur. These
explained or stipulated in events take place in
different rules. So that the throughout Japan, with the
implementation of close cooperation of
community involvement in national and local
Indonesia is lacking. In governments, local public
addition, regulations corporations and other
regarding the involvement relevant entities.
of non-governmental
organizations and Ministry of Education,
humanitarian organizations Culture, Sports, Science,
are also not regulated in and Technology also
certain mechanisms. This compiled a guidebook for
caused difficulties in disaster reduction manual
coordination between to educate the children at
government agencies and school
other non-governmental
institutions. The role of the In order to encourage and
Indonesian National Army promote proactive disaster
is also not specifically management
regulated in Law Number 24 activities among residents
of 2007 while the (including both individual
implementation of the role and corporate
of the Indonesian National residents) in a given area
Army also plays a very based on the spirit of self-
important role, especially help and mutual
during emergency response. help, and to enhance the
disaster management
capabilities of the area
in a bottoms-up manner, it
is stipulated that a
community disaster
management plan, featuring
the community level
disaster management
activities, may be
prescribed in the municipal
disaster management plan.
In developing a community
disaster management plan,
more active and
proactive participation of
the area residents is
necessary at an early stage
of such development. As
such, it is stipulated that the
area residents
may jointly make a
proposal (proposed plan) to
the municipal disaster
management council that a
community disaster
management plan be
stipulated in the municipal
disaster management plan.

3. Conclusion
Disaster management arrangements between Indonesia and Japan have many
differences both in terms of rules and institutions. Disaster management in Indonesia is
only handled by the National Disaster Management Agency which oversees the Regional
Disaster Management Agency. The involvement of other government institutions is also
regulated but the mechanism is not explained so often coordination between government
institutions is not optimal. The organizational structure of the National Disaster
Management Agency consists of the Chairperson, the Steering Committee which consists
of Government Officials from other institutions or ministries, and the Executive Committee
which is responsible for the president. Whereas in Japan disaster management involves
many parties, ranging from the Prime Minister who is the chairman of the Disaster
Management Council which is assisted by a special ministry that handles disaster
management, relevant ministries, public corporations, and experts.
Legislation that regulates disaster management in Japan is far more specific and
specific when compared to Indonesia. In addition, community empowerment to participate
in disaster management in Japan is also far more maximal compared to Indonesia.
References
1. Act Number 24 of 2007 concerning Disaster Management
2. Presidential Regulation Number 8 of 2008 concerning National Disaster Management
Agency
3. Government Regulation Number 22 of 2008 concerning Funding and Management of
Disaster Relief
4. Government Regulation Number 21 of 2008 concerning Implementation of Disaster
Management
5. S. Soekanto and S. Mamudji, Penelitian Hukum Normatif, Suatu Tinjauan Singkat,
Rajawali Press, Jakarta, (2008)
6. Director General For Disaster Management Cabinet Office, Government of Japan, Disaster
Management In Japan, Page 5 (2015)
http://www.bousai.go.jp/1info/pdf/saigaipamphlet_je.pdf
7. Disaster Countermeasure Basic Act
http://www.adrc.asia/documents/law/DisasterCountermeasuresBasicAct.pdf
8. Background Report, Law and Regulation for the Reduction of Risk from Natural Disasters
in Japan, A National Law Desk Survey October (2012) http://drr-law.org/resources/Japan-
Desk-Survey.pdf

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