KYR #1: Indonesian People Rights During Natural Disasters

Written by : Kamila Alifia Rahmasari

Issue

Based on data from the National Disaster Management Agency (BNPB) , starting from January 1st, 2021 until March 6th, 2021, there are approximately 723 natural disasters, varying from flood, earthquake, landslide, etc. As people are kept in their houses amidst an ongoing Pandemic with a limited amount of resources, the worsening situation also makes them in desperate need of medical services, this harder-than-life living condition is concerning, as it is also reported that there are a total of 3.500.274 people fled and 53.782 houses and 1.699 facilities are broken. If we run into this condition, what should we do? What are the aids that we are supposed to get during natural disasters?

Regulation and analysis

Law No. 24 of 2007 of the Republic of Indonesia on Disaster Management comprehensively regulates the rights and the obligations of the victim during disasters, the obligations of the government in disasters, and the responsible authority. Based on Article 1 (2), natural disasters are the disasters that are caused by natural phenomenon, including flood, earthquake, tsunami, volcanic eruption, drought, tornado, and landslide.

As stipulated in Article 26 (1) of the Law a quo, it is stated that every person had the rights to :

1. Get social protection and security, especially for the people that are susceptible to natural disasters;

2. Get education, training, and ability in disaster management;

3. Get the information both written and/or spoken about the policy of disaster management;

4. Participate in the planning, the operation, and the maintenance of the provision of medical assistance including psychosocial support;

5. Participate in the decision making of the disaster management, especially that is related to themself and their community; and

6. Supervise according to the mechanism that is regulated by the disaster management.

Furthermore, According to Article 26 (2), the victim of natural disasters has the rights to get aids to fulfill basic needs from The Government, which is further explained by Article 53 that what is included in basic needs are :

1. Need for clean water and sanitation;

2. Food;

3. Clothes;

4. Medical assistance;

5. Psychosocial assistance; and

6. Shelter.

Moreover, Based on Article 48, during emergency response, disaster managements that must be done by The Government are :

1. Accurate study of the location, the damage, and the resource;

2. Determination of the status of the disaster emergency;

3. Rescue and evacuation of the victim;

4. Basic needs fulfillment;

5. Protection of people that are susceptible to natural disasters; and

6. Immediate recovery of facilities and infrastructure.

For further explanation, In Article 55 (2), it is stated that people that are susceptible to natural disasters are :

1. Baby, toddler, and children;

2. Mothers who are pregnant or breastfeeding;

3. People with disabilities; and

4. Elderly people.

Based on the explanation above, it can be concluded that Indonesian natural disasters victims have the rights to get basic need aids, rescue and evacuation, protection of people that are susceptible to natural disasters, and clear information regarding the disaster and the regulations of the disaster management that should be done.

After knowing all the information, what should we do if our location is not yet known by the BNPB or if we need aid during natural disasters? We can report natural disasters that occured and our location through the official website of the National Disaster Management Agency (BNPB), petabencana.id . We can also report natural disasters through twitter by tweeting with hashtag the disaster that occured, such as #banjir, #gempa, #kebakaranhutan, etc, through facebook by sending messages to @petabencana, and through telegram by sending messages to @bencanabot. If there is no internet connection during the natural disasters, we can also report our emergency through the official call center service of BNPB at 117 or via BNPB’s 24-hour call center service trial at (021) 51010 - 112.

Conclusion

During natural disasters, our rights including security, basic needs fulfillment, rescue, and evacuation are guaranteed by the Law. Therefore, if you run into natural disasters and you need assistance, either in the form of basic needs, medical assistance, evacuation, and other emergency assistance, immediately report your location and situation to Petabencana.id or to the official call center service of BNPB at 117 or via BNPB’s 24-hour call center service trial at (021) 51010 - 112.