Advanced Search

Local Regulations No. 8 Of 2010

Original Language Title: Peraturan Daerah Nomor 8 Tahun 2010

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
on Guidelines

The Investigations of Sarana and Prasarana In the Disaster Relief;

30. Jurisdiction of Yogyakarta Special Region Region Number 7 Year

2007 on Government Affairs which Became Authority Of The Province

Yogyakarta Special Area (Sheet Province Of Special Area

Yogyakarta Tahun 2007) Number 7);

31. Yogyakarta Region Special Region Regulation Number 2 Year

2009 on the Regional Long Term Development Plan

2005-2025 (Regional Sheets Province Of Yogyakarta Year

2009 Number 2);

32. Yogyakarta Special Region District Rules Number 2 Year

2010 on Special Regional Regional Provincial Grammar Plan

Yogyakarta Years 2009-2029 (province Area Special Region

Yogyakarta Year 2010 Number 2).

With Joint Approval

LOCAL PEOPLE REPRESENTATIVE COUNCIL

PROVINCE OF SPECIAL AREA YOGYAKARTA

and

GOVERNOR OF THE YOGYAKARTA SPECIAL AREA

DECIDED:

Establits: REGIONAL REGULATIONS ON DISASTER COUNTERMEASURES.

BAB I

provisions of UMUM

Article 1

In this Region Regulation referred to:

1. Area is a Province of Yogyakarta Special Region.

2. The government is the Central Government

3. The Local Government is the Regional Government of the Yogyakarta Special Region Province.

5

4. The Government of the Regency/City is the Government of Regency/City in the Province Region

Special Region of Yogyakarta.

5. The Governor is the Governor of the Special Region of Yogyakarta.

6. The Regional People's Representative Council, which is next called the DPRD, is the Board

People's Representative of the Regional District of Yogyakarta Special Region.

7. Society is the community of the Province of Yogyakarta Special Region.

8. The Regional Disaster Relief Agency, which is next called BPBD is

BPBD Provincial Special Region of Yogyakarta.

9. The forum for disaster risk reduction, was a forum for accommodating

initiatives for disaster risk reduction in the area.

10. A disaster is an event or series of threatening and disruptive events

the life and livelihood of the people caused, either by nature's factors

and/or non-natural factors and human factors resulting in the onset of the onset of the human being.

victims of human souls, environmental damage, property loss, and impact

psychologically.

11. Natural disasters are disasters caused by events or series

events caused by nature include earthquakes, tsunamis, mountains

erupting, floods, droughts, typhoons, and landslides.

12. Non-natural disasters are disasters caused by events or sequences

non-natural events that include failure of technology, failed modernization, epidemics,

and disease outbreaks.

13. A social disaster is a disaster caused by an event or a series

events caused by a human being included among other social conflicts

between groups or communities of society, and terror.

14. The staging of disaster relief is a series of efforts including

establishing development policies at risk of disaster, activities

disaster prevention, emergency response, and rehabilitation.

15. Disaster risk reduction is an activity to reduce threats and

vulnerability as well as improve public ability in the face of disaster.

16. Prabencana is a situation where there is no disaster.

17. A disaster response plan is a planning document that contains policies

strategies, programs and action options in the staging of countermeasures

disasters of pre-stage, emergency and post-disaster response.

18. Disaster risk reduction area action plan is a planning document

A disaster risk reduction that contains priority cornerstones, a strategy compiled by

all stakeholders drafted in comprehensive partisways and

synergistic by all participative stakeholders

comprehensive and synergistic by all stakeholders to reduce

disaster risk in order to build preparedness and toughness society

in the face of disaster.

19. Disaster prevention activities are a series of activities carried out as

efforts to eliminate and/or reduce disaster threats.

6

20. Disaster potential status is a state specified by the government to

assess the potential disaster for a particular term on the basis

a body recommendation assigned to the disaster.

21. Disaster-prone areas are areas that have geologic conditions or characteristics,

biological, hydrological, climatological, geographic, social, cultural, political, economic, and

technology in a region for a particular period of time. reduce the ability

prevent, dampen, achieve readiness, and reduce the ability to

respond to the adverse impact of certain hazards.

22. Disaster risk is the potential loss inflicted by a disaster on a

region within a given period of time that can be death, wound, pain, soul

threatened, loss of sense of safety, loss, damage or loss property, and

community activities disorder.

23. Preparedness is a series of activities undertaken in anticipation of

disaster through organizing as well as through the appropriate and defenseless move

in order.

24. Mitigation is a series of attempts to reduce disaster risk, both through

physical development and awareness and increased ability to face

disaster threat.

25. Disaster emergency response is a series of activities performed immediately

at the time of the disaster to deal with the adverse effects inflicted, which

includes rescue and evacuation activities, property, fulfillment.

basic needs, protection, refugee management, rescue, and recovery

infrastructure and means.

26. The disaster area is a particular region affected by the disaster.

27. Post-disaster is a situation after a disaster emergency response.

28. Rehabilitation is the improvement and recovery of all aspects of public service or

society to an adequate level of post-planning territory with the target

primary for normalization or the reasonable passing of all aspects of government. and

community life on pascabencana territory.

29. Reconstruction is the rebuilding of all the means and infrastructure,

the institutional region of the post-badge region, both at the level of government and

the society with the primary objective is growing and the development of activities

the economy, social and cultural, law and order, and the rise

role as well as society in all aspects of community life in the region

pascaben of Indonesia Number

4830);

24. Government Regulation No. 19 of 2010 on Tata Cara

Implementation of the Task and Authority as well as the Financial Occupation of the Governor

as the Vice Government in the Province Area (Republic of State Gazette

Indonesia Year 2010 Number 25,

Indonesia Number 5107);

25. 2008 Presidential Decree No. 8 of the National Agency

Disaster Repellation;

4

26. Decision of the Home Minister Number 131 of 2003 on

A Disaster and Refugee Handling in the Regions;

27. State Minister's Rule Number 13 of 2006 on Guidelines

The Governing Financial Management of the Region;

28. Ministry of Home Affairs Number 33 of 2006 on Guidelines

General Mitigation Disaster;

29. State Minister Rule Number 27 of 2007r

prices of other needs at the emergency and post-disaster response stage.

Article 7

The disaster countermeasures by the Local Government Agency

Regional Disaster Management.

BAB IV

RIGHT, OBLIGATION, AND COMMUNITY ROLE

Part Parts

Community Rights

Section 8

(1) Everyone is entitled to:

a. obtaining social protection and a sense of security, in particular for the group

vulnerable communities;

b. obtain education, training, and skills in hosting

disaster countermeasures;

c. obtain information in writing and/or oral about the policy

hosting disaster relief;

d. role as well as in the planning, operation, and maintenance of the program

provision of health care assistance including psychosocial support;

e. participate in decision making of staging activities

disaster countermeasures, especially with regard to the self and community;

and

f. performing surveillance according to the mechanism set up for execution

disaster countermeasures.

(2) Any person affected by a disaster is entitled to the needs of the fulfillment needs

base.

(3) In addition to the rights as referred to in paragraph (1) and paragraph (2), the public is getting

the protection and warranty of the right of:

a. a statement of approval or rejection of a potentially catastrophic activity;

11

b. religion and trust;

c. culture;

d. Healthy environment;

e. economy;

f. politics;

g. education;

h. work;

i. reproductive health; and

j. sexual.

(4) The public is entitled to recover damages/assistance for regiving its ownership

being sacrificed in the event of disaster relief; and/or

(5) The public is entitled to recover damages and assistance. because of the disaster that

is caused by the failure of construction and technology.

Article 9

Education and training on disaster countermeasures as intended in

Article 8 of the paragraph (1) letter b is provided To the people to build preparedness,

skills and self-reliance in the face of a disaster.

Article 10

The information as referred to in Article 8 of the paragraph (1) of the letter c at least contains:

a. Information on the policy of staging disaster relief;

b. Information about hate data;

c. Information about disaster risk;

d. information about disaster prediction; and

e. Information on the status of hate.

Second Section

Special Treatment

Article 11

(1) The group of vulnerable communities gets special treatment in disaster countermeasures

which includes:

a. disabled and/or fable;

b. people of age;

c. baby, toddler and child;

d. pregnant women and breastfeeding; and

12

e. sick person.

(2) The special Treatment as referred to in paragraph (1) includes:

a. accessibility;

b. priority services; and

c. service facilities.

Article 12

In addition to special treatment to vulnerable communities, in the disaster emergency response stage

is aware of the special needs of community groups, among others:

a. female; and

b. other special needs.

Third Part

Community Oblicity

Article 13

Society is obligated:

a. maintain a harmonious social life of society, maintain balance,

centennial, alignment, and sustainability of the environment function;

b. play an active role in the event of disaster relief;

c. provide the correct information to the public about disaster countermeasures; and

d. Provide correct information about self-data.

Fourth Quarter

Community Role

Article 14

(1) The public has the same opportunity to play a role in planning,

execution, supervision in the staging of disaster relief.

(2) The public involvement as referred to in paragraph (1) will be further set up

with the Governor Regulation.

Article 15

(1). To encourage public participation and independence, activities are conducted that

cultivates and develops initiatives as well as community capacity in

disaster relief.

(2). The activity as referred to in verse (1) is done with regard to the kearifan

local community.

13

BAB V

FORUM FOR DISASTER RISK REDUCTION

Article 16

(1) To attempt a disaster risk reduction attempt was set up to a forum that

its members are among the other elements:

a. Local Government;

b. world education;

c. media mass;

d. civil society organizations; and

e. The business world.

(2) The Forum as referred to in paragraph (1) is in charge of accommodating initiatives

disaster risk reduction in the community.

Article 17

The forum ' s Peranan for disaster risk reduction Among others:

a. drafting of the disaster risk reduction area action plan with the coordination of BPBD;

b. Conducting an influence disaster risk reduction for all stakeholders

interests to a sensitive, responsive and resilient community against disaster;

c. conduct awareness campaigns, preparedness and independence to the community

in the face of disaster risk; and

d. participate in the supervision of the disaster countermeasures.

Article 18

(1). To further close the disaster risk reduction efforts to the public, the forum

as referred to in Article 16 can be set up in communities and communities.

(2). In the case of not being formed the forum as referred to in paragraph (1), the role and function

the disaster risk reduction is implemented through a forum that has existed in the society

in question.

(3). The forum for disaster risk reduction and other forum which luxury

as referred to in paragraph (1) and paragraph (2) is set up on the basis of consciousness and

local community ability.

Article 19

(1) In an attempt encourage forums for disaster risk reduction, the Government

area or BPBD may facilitate the establishment of a forum in society.

(2) Further provisions of the effort as referred to in paragraph (1) are set in

Governor Rule.

14

BAB VI

ROLE AGENCY, UNIT OF EDUCATION, CORRECTIONAL ORGANIZATION,

SELF-GOVERNING AGENCIES, MASS MEDIA, INTERNATIONAL INSTITUTIONS AND

NON-GOVERNMENT FOREIGN AGENCIES IN DISASTER RELIEF

Part Kesatu

Effort

Article 20

(1) The business institution is getting a chance at the hosting of the

disaster, both in its own right and in conjunction with the other party.

10

i. Formulating a support management policy that guarantees protection against

cultural values, local wisdom and community independence;

j. perform control of collecting and copying the help of money and/or

items as well as other services that are intended for disaster relief, including

donation collection permit;

k. Conducting public service collection and assistance copying

eliminate community spirit and self-reliance; and

l. perform surveillance and control of the principal needs and/oatus assignment is based on the assessment of a catastrophic state in

a region as the basis for determining the policy and strategy of countermeasures

disaster, as well as the responsibility at the Regional level based on Guideline Guidelines

Disaster Potential Status.

(2). The disaster potential status as referred to in paragraph (1) is based on

accurate monitoring of the authorized party.

(3). The disaster potential status is distinguished to:

a. Watch out;

b. standby; and

c. alert.

Article 33

Further provisions regarding disaster potential status guidelines as

referred to in Article 32 of the paragraph (1) are governed by the Governor's Rule.

Fourth Quarter

The determination of the disaster Status

Article 34

(1) The determination of the disaster status in the Regions as referred to in Article 27 of the letter c,

is done by the Governor.

(2) In determining the disaster status, the BPBD provides a report disaster condition to

Governor for then set.

Article 35

(1) Disaster status is performed with regard to the impact of a disaster.

(2) The assessment of the disaster impact as referred to in paragraph (1) is performed by the BPBD.

(3) The disaster impact assessment is conducted by referring to the status determination guidelines

area disaster.

(4) The guidelines of disaster status determination as referred to in paragraph (3) contain

indicators including:

19

a. the number of casualties;

b. property loss;

c. damages of means and infrastructure;

d. the wide scope of the affected area;

e. economic social impact posed; and

f. impact on governance.

(5) Guidelines of regional disaster status determination as referred to in paragraph (4)

specified with the Governor Rule.

Fifth Section

Prabencana

Article 36

The Prabencana stage as referred to in Article 28 of the letter a is divided into the situation

as follows:

a. the situation was not a disaster; and

b. situation there is a potential disaster.

Paragraf 1

The situation is not a Disaster

Article 37

(1) The disaster countermeasures in the situation there is no disaster

as intended in Article 36 of the letter a includes:

a. disaster response planning;

b. disaster risk reduction;

c. prevention;

d. The complaint is in the planning process;

e. The preparation and maintenance of the common means and amenities.

f. disaster risk analysis requirement;

g. implementation and enforcement of the spatial plan;

h. implementation and enforcement of the building ' s founding provisions;

i. Disaster recovery technical standard requirements; and

j. education and training.

(2) To support the staging of disaster relief in a situation does not occur

The disaster as referred to in paragraph (1) can be done through research and

development in the field The hatred.

20

Section 38

(1) Drafting of the disaster countermeasures plan as referred to in Section 37

paragraph (1) letter a coordinated by BPBD and specified by the governor's ordinance

for a term of 5 (five) Year.

(2) Disaster Response Planning as referred to in paragraph (1) is

part of the construction planning compiled based on risk analysis

disaster.

(3) Disaster relief efforts outlined in the countermeasures program

disaster and its budget details include:

a. recognition and disaster threat assessment;

b. understanding of community vulnerabilities;

c. analysis of possible disaster impacts;

d. disaster response action options;

e. the determination of the disaster recovery mechanism and countermeasures; and

f. the allocation of available tasks, privileges and resources.

(4) The disaster response plan is regularly reviewed every 2 (two) years or

at any time in the event of a disaster.

(5) Drafting of the disaster countermeasures plan as referred to in paragraph (4)

done under the terms of the laws.

Section 39

(1) Catastrophic Risk Reduction as referred to in Section 37 of paragraph (1) letter b

is an activity to reduce threat and vulnerability as well as improve

community capacity in the face of disaster.

(2) The disaster risk reduction attempt as referred to in paragraph (1) is done

with the drafting of the securer disaster risk reduction area action plan-

lack of activities as follows:

a. introduction and disaster risk monitoring;

b. Disaster recovery planning for disaster recovery;

c. disaster culture development disaster;

d. increased commitment to disaster relief offenders; and

e. the application of the physical, nonphysical, and disaster countermeasures efforts.

(4) The regional action plan as referred to in paragraph (2) is thoroughly compiled

and integrated in a forum for the reduction of disaster risk. coordinated

by the BPBD as referred to in Article 17 of the letter a.

(5) The regional action plan as referred to in paragraph (4) is set by the Head of BPBD

after coordinated with the agencies/agencies responsible

area building planning by reference provisions The invite-

invitation.

21

(6) In the drafting of an area action plan paying attention to local customs and kearifans

the public.

(7) The disaster risk reduction area action plan is set for a term of 3 (three)

years and may be reviewed according to the need.

Article 40

In addition to the activities as referred to in Article 39 of the paragraph (2) also implemented

archiving disaster risk reduction via approach:

a. education;

b. culture; and

c. tourism.

Article 41

(1) The Prevention as referred to in Article 37 of the paragraph (1) letter c, is performed to

reduce or eliminate disaster risk and the vulnerability of a threatened party

disaster.

(2) The Prevention as referred to in paragraph (1) is conducted through activities:

a. identification and recognition of any source of disaster or disaster threats;

b. monitoring of:

1) the mastery and management of natural resources; and

2) the use of technology.

c. oversight of the execution of spatial and environmental management of the environment;

d. the strengthening of the social security of the community.

(3) The prevention activities as referred to in paragraph (2) are the responsibility

Local Government, community and stakeholders parties.

Section 42

Pemaduan disaster recovery in development planning as

referred to in Section 37 of the paragraph (1) of the Local Government throughial disaster status

18

Article 31

(1) Determination of the potential disaster potential status in the Regions as referred to in Article 27 of the letter

b is done by the Governor.

(2) In determining the potential status of the disaster as referred to in paragraph (1), BPBD

provides a report of catastrophic conditions to the Governor for later set.

Article 32

(1). Disaster potential stuired to apply the standard rules set by the organization/institution

authorized.

25

Article 53

(1) Early warning as referred to in Article 49 of paragraph (1) letter c is performed to

take prompt and proper action in order to reduce the risk of disaster

as well as prepare Emergency response action.

(2) Early warning as referred to by paragraph (1) is performed with stage:

a. observing disaster symptoms;

b. analyze the observation results data;

c. takes the decision based on the results of the analysis;

d. disseminate the decision results; and

e. taking action by the public.

(3) The observations of the catastrophic symptoms as referred to in paragraph (2) of the letter a performed by

the institution of the authority in accordance with the type of threat of the flag, and

the public for acquiring data on possible disaster symptoms will

occur, with regard to local kearifan.

(4) The authority/institution as specified in paragraph (3) convees

results of analysis to BPBD or lambaga luxury, in accordance with location and level

disaster, as the basis in take a decision and determine the warning action

early.

(5) In the event of an early warning determined, it is immediately the decision as intended

on the paragraph (4) is required to be disseminated by the Local Government, the Private Broadcasting Institute,

Mass media and the Correctional Institution directly to the good community

via print or electronic media or by using the media that

belongs to the local community.

(6) The redness of the resource as referred to in paragraph (5) is treated the same as

a resource-drying mechanism at the time of emergency response.

(7) BPBD or The luxury is coordinating the actions taken by

the society as referred to in paragraph (2) letter e to save and

protect the community.

Part Sixth

Disaster Emergency

Paragraph 1

General

Article 54

(1) At the time the emergency response is set as referred to in Section 34

The host of disaster countermeasures is under the control of the BPBD Chief

in accordance with the terms of the IBM International Basic General Terms. With his authority.

26

(2) In certain circumstances, the Governor may take command or appoint one

officials as commander of disaster emergency handling according to the nature and status

disaster.

Article 55

(1) Disaster Emergency Handling Commander as referred to in Section 54

controls disaster relief operation and is responsible

to the Regional Chief.

(2) Commander Disaster Emergency Management performs operational activity control

disaster countermeasures as referred to in paragraph (1) by deploying

all existing resources.

(3) Disaster Emergency Handling Commander as referred to in paragraph (1) authorized

enable and improve the Centre Operation Control to Post Command.

Article 56

The disaster countermeasures at the time of the disaster emergency response include:

a. Quick review of location, damage and resource;

b. determination of state of emergency status;

c. rescue and evacuation of communities affected by disaster.

d. The fulfillment of the base needs;

e. protection against vulnerable groups;

f. recovery with immediate means-vital means; and

g. the staging of the final phase of the disaster emergency response phase.

Paragraph 2

The study is quick and precise

Article 57

(1) The study is quick and precise as referred to in Article 56 of the letter

is done to identify:

a. disaster location coverage;

b. the number of casualties;

c. damages and losses due to disaster;

d. disruption to general service functions as well as governance; and

e. Natural and artificial resources capabilities.

(2) The study is quick and precise as referred to in paragraph (1) exercised

in accordance with the provisions of the laws.

27

paragraph 3

The determination of the Disaster Emergency Status

Article 58

(1) The determination of the state of the disaster emergency status as referred to in Article 56 of the letter b

is exercised by the Local Government in accordance with the disaster level.

(2) In terms of the Governor and Deputy Governor being part of the disaster victim and not

may establish an emergency state status as referred to in Article 34 of the paragraph (1)

status determination The disaster is set by the Chief of BPBD

Paragraph 4

Rescue and Evacuation

Article 59

(1) The rescue and evacuation of the community were affected by the disaster

Article 56 of the c is done with activities:

a. Search and rescue;

b. Emergency aid;

c. Evacuation; and

d. A placement in a secure location;

(2) The rescue and evacuation as referred to in paragraph (1) must be executed

with regard to basic rights as in Section 8 of the paragraph (2) and appropriate

with the rules of the law. It's

(3) Search, help and community rescue affected by the disaster as

referred to in paragraph (1) the letters a and b are executed by a team of quick reactions by engaging

the community element under the command of the Commander's handling disaster emergency, appropriate

with its location and its flag level.

(4) The further provisions of the reaction team are quickly established by the BPBD Chief Decision.

paragraph 5

The fulfillment of the basic needs

section 60

(1) The fulfilment of the basic needs as referred to in Section 56 of the d letter includes:

a. need for clean water and sanitation;

b. food;

c. Sandang;

d. health service;

28

e. worship services according to religion and trust;

f. Psychosocial services; and

g. temporary dwelling place.

(2) In addition to the fulfilment of basic needs as referred to paragraph (1) the disaster victim

in refugee status in place of occupancy while getting non-food assistance

among others:

a. Cooking and eating equipment;

b. fuel and illumination; as well as

c. Other tools.

(3) The fulfilment of basic needs as referred to in paragraph (1) and paragraph (2) is carried out

by local government, society, enterprise agencies, international institutions and/or

non-government foreign institutions accordingly with minimum standards as set in

laws.

Paragraph 6

Protection Against Vulnerable Group

Article 61

(1) Protection against vulnerable groups asyout; and

c. hosting education, training, and counseling.

(3) Building arrangements, infrastructure development, and building layout as

referred to on paragraph (2) the letter b, whether to apply the technical standard rules of the building which

is specified by the authority/authorities.

(4) The provisions as referred to in paragraph (3) are included to protect the values

regional architecture or local.

(5) Hosting education, training, and Counseling as set forth in paragraph

(2) the letter c, is req fund.

33

(2) The Funds ready to wear as referred to in paragraph (1) are provided by the Local Government

allocated in the BPBD Budget in full and are always available for activities

at the time of the emergency response.

Article 77

(1) Budget Alocation on post disaster situation with grant-pattern social aid

is used for rehabilitation and reconstruction of the community.

(2) Budget Alocation on post disaster situation with funds live shopping of government

and local government for rehabilitation and reconstruction a public facility.

Article 78

(1) The funds received by the Local Government sourced from a society as

referred to in Article 76 of the paragraph (2) are recorded in the APBD.

(2) The provisions of fund logging as referred to in paragraph (1) in accordance with

the provisions of the laws.

Article 79

(1) The Local Government encourages community participation in the provision of funds that

sourced from the society as referred to in Article 73 of the paragraph (3).

(2) In order to encourage community participation as referred to in paragraph (1),

The Local Government can:

a. facilitate a community that will provide countermeasures

disaster relief;

b. facilitate a community that will conduct countermeasures

disaster; and

c. raise public awareness to participate in the provision of the funds.

Article 80

(1) Any funding collection Disaster relief countermeasures undertaken in addition to the

Local Government reported to BPBD.

(2) Reporting as referred to in paragraph (1) is performed in monitoring frame of number,

type, and assistance.

The Second Part

The Use of the Disaster Relief Fund

Section 81

(1) The use of disaster relief funds is exercised by the Local Government

and/or BPBD according to its principal duties and functions.

34

(2) Disaster relief funds used in accordance with the implementation

disaster relief that includes the prabencana stage, when emergency response, and/or

post disaster as contemplated in Regulation This area.

Section 82

Planning, budgeting, execution, reporting and liability for use

disaster relief funds at prabencana stage, during disaster emergency response and

post disaster performed in accordance with the provisions of the laws.

Third Section

Disaster Relief Management

Paragraph 1

General

Section 83

(1) The Government and Local Government provide and provide disaster assistance

to the victims and survivors.

(2) The disaster assistance as referred to in paragraph (1) consists of:

a. My condolences;

b. disability;

c. help compensate;

d. help for non-direct victims; and

e. Community empowerment through soft loans for productive efforts.

Section 84

The public can participate provide and provide disaster relief to

victims and disaster survivors.

Article 85

Tata means management of disaster emergency assistance granted special treatment

in accordance with the needs, situation, and emergency conditions.

Article 86

(1) Any disaster assistance is adjusted to the needs of and the public conditions that

are victims of the disaster.

(2) Disaster Relief to the community of victims must be distributed in fairness and

on time.

35

(3) Any backup distributions should pay attention:

a. Assistance eligibility; and

b. special needs of disaster victims.

(4) To guarantee the eligibility of assistance as referred to in paragraph (3) of letters a, BPBD

or aid flow agency doing a relief check for assistance.

Article 87

After The fulfilment of the basic needs as referred to in Section 60 of the paragraph (1) for

The disaster victims have been covered, the subsequent assistance being submitted to the community

the local community to be managed in order to be carried out and to the community. recovery

the victim ' s independence to rework.

Article 88

Other provisions regarding emergency assistance management in accordance with regulatory provisions

laws.

Paragraph 2

Paragraph 2

Santunan Condolences

Article 89

(1) The sorrow of sorrow as referred to in Section 83 of the paragraph (2) of the letter a given

to a person who died as a direct result of the occurrence of disaster.

(2) Criteria on the passing of the person above is stated with the caption

of the disaster countermeasures officer or the authorities.

Article 90

(1). The mourning was given to the deceased in the form:

a. funeral expenses; and/or

b. Grief money.

(2). Sorrow of sorrow as referred to in verse (1), given after it is performed

the dateness, identification and verification by authorized agencies/agencies

is coordinated by the BPBD according to its authority.

Article 91

(1) The sorrow of sorrow as referred to in Article 90 of the paragraph (1) is given to the expert

heir to the victim.

(2) The heir to the recipient of the relief of the sorrow as referred to in verse (1)

is the heir. a disaster victim who is already an adult and is known to the party

authorities.

36

(3) In terms of the heir apparent the victim is referred to as aged under 18, then

help is handed over to the guardian or parent or foster family or the institution

the social services that replace the role The parents.

Article 92

The granting mechanism and the relief of the relief santunan were exercised in accordance with

applicable provisions.

Paragraph 3

Santunan Kedefects

Article 93

(1) The defects in Section 83 (2) of the letter b are provided

to the victims of the debacle.

(2) The defects as referred to in paragraph (1), are given after being done

the dater, identification, and verification by authorized agency/agency that

is coordinated by the BPBD in accordance with its authority.

(3) The provisions of the granting and quantity of disability assistance as

are referred to in paragraph (1) in accordance with the provisions of the laws.

Paragraph 4

Compensation Assistance

Section 94

(1) In order for rehabilitation of the Regional Government disaster victims may provide

assistance of compensation as referred to in Section 83 of the paragraph (2) letter c among others

is:

a. exemption or a tax cut and/or levy according to his authority;

b. ease of land certific referred to in Section 74 of the paragraph (2) the letter a

is derived from APBN and provided in APBD for preparedness activities at the

prabencana stage.

(2) The budget alocation on the prabencana situation is for setup and maintenance

means and infrastructure, socialization, education and training, supervision, prevention,

mitigation and other activities in accordance with the provisions of Laws.

Article 76

(1) The budget Alocation at the time of the disaster emergency response is the ready-to-useone with arbitration or an alternative to dispute resolution according to

the provisions of the laws.

41

Article 108

In case of dispute between disaster victims and local government devices

The settlement can be done through mediation by staying upholding justice, infertility

and reassurance laws, in accordance with its governance level.

Article 109

(1) Disputes regarding disaster relief and disaster impacts between

the local government is resolved in accordance with the provisions of the rules It's

(2) Regulatory Authority as defined by paragraph (1) may not cause any loss

against society.

Second Section

Lawsuit

Article 110

(1) Society, Society, NGO, Entity, and Local Government can

file a lawsuit against the parties that cause the

loss for the sustainability interest of the disaster countermeasures function.

(2) The lawsuit as contemplated on paragraph (1) is limited to a lawsuit to perform

a certain action that with regard to the sustainability of the disaster countermeasures function

and/or the lawsuit pays a fee for real expenses.

Article 111

The organization/community agencies as part of the disaster countermeasures organizer

is entitled to file a lawsuit and must meet the requirements:

a. the form of a non-profit organization/non-profit society state of the law and move

in the field of disaster relief;

b. Listing the objectives of the founder of the institution in its base budget for

interests related to the sustainability of the disaster countermeasures function; and

c. has conducted activities in accordance with its base budget.

BAB XI

TRANSITIONAL provisions

Section 112

At the expiration of this Section Regulation, any provisions relating to

disaster relief in Yogyakarta Special Region Province are declared to be fixed valid

throughout not contradictory or unissued rules new implementation is based

Regulation of this Area.

42

BAB XII

provisions CLOSING

Article 113

The Governor ' s Regulation required to carry out the Regulation of this Region should be set up

at least 6 (six) months since Regulation of this Region Authorized

Section 114

The rules of this section are valid.

So that everyone knows it, ordering the invitational of this Regional Regulation with

the placement in the sheet Province Area Special Region of Yogyakarta.

Set in Yogyakarta

on October 1, 2010

GOVERNOR

SPECIAL AREA OF YOGYAKARTA,

ttd

HAMENGKU BUWONO X

DiundPour in Yogyakarta

on October 1, 2010

SECRETARY

YOGYAKARTA SPECIAL AREA PROVINCE,

ttd

TRI HARJUN ISMAJI

LEAF SECTION OF THE PROVINCE OF YOGYAKARTA SPECIAL AREA IN 2010

NUMBER 8

43

EXPLANATION

UP

REGULATION OF THE PROVINCE AREA OF YOGYAKARTA SPECIAL AREA

NUMBER 8 IN 2010

ABOUT

DISASTER COUNTERMEASURES

A. UMUM

A disaster is a phenomenon that always accompanies human life.

This phenomenon impacting damaging and emerging with or without predictions. The effect that

damages this could be the loss of life and the loss of property so that

concerns the natural and social order.

The disaster can occur naturally and can be due to human deeds.

The volcano erupt, earthquakes, tsunamis, storms are examples of disasters that occur

naturally. Whereas landslides on mountains whose forests are human-care,

forest fires as humans seek to easily open plantation land,

settlement fires, environmental pollution, disasters due to technology failures

is an example of a disaster that is due to human actions. Good social unrest that

caused by a horizontal or vertical conflict is a catastrophic event because

causes damage and harm to the community.

As a country that is actively building, it must be realised that Indonesia is composed

of various tribes, customs and cultures. Its territory is an archipelago that lies

from the sabang to the merauke. It is located in the tropics and is between the two oceans

that is the Indian Ocean and the Pacific Ocean and the two continents namely the Asian continent and the Continent

Australia. In addition, Indonesia also occupies three plates, i.e. the Eurasian plate,

the Indo-Australian plate and the Pacific plate. Hence the country has a position

strategic with all its natural wealth while saving a potential disaster.

Yogyakarta as one of the regions in Indonesia affected directly over

the threat and risk disaster on top. The earthquake was quite large on May 27, 2006,

silam inflicted thousands of casualties and victims of matter as well as the shock of social institutions,

being a real clue that the conditions of this area are not off the threat of disaster.

Potency Earthquake disaster could be repeated or highly catastrophic in

other forms, considering the area of Yogyakarta has a fairly diverse disaster risk.

Some of the following disaster threats are spread across some areas of the Province Section

Special Yogyakarta:

1. Eruption of Fire Mountain.

The province of Yogyakarta Special Region is quite close to the Mount Merapi which

is very active even categorized as the world ' s most active merapi as it

the periodesity and intensity of its release They tend to be short 3-7 years. Mountains

merfires that actively show the fall of lava domes (wedhus gembel or clouds

heat) occur almost every day.

2. Landslides and Erosions.

44

A threat of a landslide in Yogyakarta Special Region Province includes at four

districts are Kulon Progo, Kidul Gunung Kidul Regency, Bantul Regency, and

Sleman County. There are two areas of frequent landslides and erosion

that is in the Menoreh Hills area of Kulon Progo County and a row of hills

Baturagung Range at the border of Bantul County and Mount Kidul Regency.

3. Flooding.

Floods are also frequent because the power of the soil is decreasing in the past

due to logging in haphazardly or without rebozation efforts. When

the rain came, the water would pass on the ground without anyone holding back so that

it caused a flash flood disaster. Flooding can also be caused to be closed

ground surface by infrastructure on top such as road asphalt, conblocks, cast roads

and other infrastructure materials.

The collapse of flood disasters often occurred at the river-river border. great as

The Opak River and the Progo river, especially in the floParts

Dispute Settlement

Section 106

Each Disputes arising out of the impact of disaster relief implementation

or disaster relief measures are resolved with the principle of deliberation.

Section 107

(1) In the case of a dispute resolution as meant in Section 106 not obtained

agreement, the parties may take an effort a settlement outside the court or

through the court.

(2) The attempted settlement of the dispute outside the court as referred to in paragraph (1)

may be d"clearing" all things

the bad that happens in the world, at least himself.

Reviewed from the structure In society, Yogyakarta is a heterogeneous heterogeneous from the background

behind ethnik, religion, interest group, even class. In addition, the livelihood

of Yogyakarta society, in general from the agrarian sector, small industry of about 90%

of the overall industry, trade and services, part of the population working in

the formal professional sector (PNS, teachers, lecturers, middle and large private employees) and

most of them live from the tourist and educational industries. Link between Javanese culture that

"guyup rukun" meets middle-class constructs

relatively high knowledge cultivates the social rule and convention norm that

applies in a marked society by values: guyup rukun, collectives and solidarity

community, caring and not destructive, royong gotong culture is helping each other, and

the ethics of appreciation on religious and social institutions rooted in the historical range,

valuing a different background, and social cohesion oriented, is strong capital

social (social capital).

By understanding the philosophy and social conditions above, staging

disaster countermeasures must be conducted in a planned, unified, and thorough.

The Hosting Disaster recovery is not only focused on the emergency

but the overall stage of disaster relief and becomes a part of the

integral part of the development. Hosting disaster relief to

part of the governance that must be based on the principles of government that

47

good and clean (good governance), i.e. transparent, accountable, participatory, and

sustainable. In addition, disaster relief efforts are also intended

to raise and foster solidarity, generosity, talk in

community life, nation, and country.

Learn from experience less past disaster relief

pay attention to disaster risk reduction approach, then system building

Good disaster countermeasures need to be organized by relying on principle-

reduction principle disaster risk (PRB). Act No. 24 Year 2007

about the Disaster Relief and its implementation regulations have actually been

governing various things in general in the entire NKRI region. For

optimizing the enactment of the Act then it needs to be equipped with

the regional regulations that align the values that grow in the people of Yogyakarta.

The formation of this Region Regulation is in accordance with the Plan Construction of the Term

Area length (RPJPD) outlined in the Term Development Plan

Regional Medium (RPJMD) Province of Yogyakarta Special Region. Related to

arrangements in RPJPD and RPJMD disaster recovery patterns in Yogyakarta

are integrated with the development of education, culture, and tourism. To achieve

the success of this arrangement is desirable for the involvement of government elements,

society, community organizations, enterprise agencies, educational institutions, media,

donor agencies and other parties, which are implemented. Planned, integrated,

coordinated and thorough, well before (pre-disaster), at the time (emergency response)

and after the disaster (post disaster). With shared preparedness

together in one coordinated emergency handling and handling of the disaster,

then it is expected that the disaster there is not a lot of casualties and losses

and can be addressed with the more effective, efficient, fast and precise.

B. ARTICLE BY SECTION

Article 1

Is quite clear.

Article 2

The letter a

referred to the "humanitarian asas" manifests in

the form of protection of protection and respect for human rights,

harkat and the dignity of each society proportionally.

The letter b

In question "asas justice" is in countermeasures

disasters must reflect justice proportionally to any

Society without except.

The letter c

referred to " asas the similarity of rank in law and

government " is in disaster relief not to contain

things that distinguish background, among other things, religion, ethnicity, race,

class, gender, or social status.

48

The letter d

referred to as "balance asas, alignment and

uniformity" is in the disaster countermeasures reflecting

the balance of social and environmental life, order alignment

The life and environment and the uniformity of the environment and the life

social Society.

The letter e

Which is referred to "asas order and legal certainty" is

in the disaster countermeasures should be able to inflict order

in Society through the warranty of legal certainty.

The letter f

referred to as "concurrent asas" is countermeasures

disasters are essentially a duty and joint responsibility

The Local Government and the Community are carried out

royong.

The g

referred to as the "environmental sustainability principle" is

in disaster relief reflecting the sustainability of the environment

for generations now and for generations to come in for the sake of

Regional interests.

The letter h

referred to as "scientific and technological asas" is

disaster countermeasures must utilize science and

technology optimally thus streamers and accelerating

disaster response process, both at the prevention stage, at

when it occurs disaster, nor in the post-disaster stage.

Letter i

Participation is a community engagement in the process

staging disaster relief.

Article 3

The letter a

It is pretty clear.

The letter b

referred to as "quick and proper principle" is

the disaster countermeasures should be implemented

quickly and appropriately in accordance with the state demands.

The letter c

referred to the "priority principle" is in the event of a disaster,

countermeasures activities must be a priority and priority

on human soul rescue activities.

49

The d-letter

referred to by "coordination principle" is the activity

hosting disaster countermeasures is based on the time,

power, cost is used as needed.

Which is referred to with "allotedness principle" is the staging

disaster countermeasures are carried out precisely targeted and beneficial to

the public.

The letter e

referred to by "the resource principle" is in the address

society's difficulties are done by not wasting time, power,

and excessive costs.

In question " the principle succeeds For "means" is the activity

hosting disaster countermeasures must be successful,

specifically in addressing the people's difficulties with not

waste of time, power, and overcharges.

The letter f

the preparation without waiting for the heartbreaking event to occur.

The ugliness of the earth is the result of human being. Therefore, every human being is required

sharpened the acuity of the mind and cleansed the ugliness above the earth

(Mangasah Mingising Budi, Masuh Malaning Earth). The human mind will never be

to be sharp (lantip) if it is not salted. So that a person or a human who has a sense

a keen mind is expected to be able to give a hand by Clear enough

The letter b.

Clear enough

The letter c.

Which is referred to as "tools" are the help of tools that

needed, such as martil, saw, hoe, shovel, axe, machete, and

wooden cart.

Verse (3)

Clear enough

Article 61

Pretty clear

61

Article 62

Pretty clear

Article 63

Quite clear

Article 64

Quite clear

Article 65

Quite clear

Article 66

Quite clear

Article 67

Quite clear

Article 68

Clear enough

Article 69

Quite clear

Article 70

Quite clear

Article 71

Quite clear

Article 72

The one referred to "powerfully useful and successful" is in

funding and the use of disaster relief funds can address

society ' s difficulties are done with no wasting time, power, and overcharge

which is excessive.

Which is referred to "be accounted for" is in funding

and disaster relief management is done openly and can

be accounted for

Article 73

Clear enough

Article 74

Verse (1)

Clear enough

Verse (2)

The one referred to "Hibah-pattern Social Assistance Fund" is Block

Grant.

62

Article 75

Quite clear

Article 76

Quite clear

Article 77

Quite clear

Article 78

Quite clear

Article 79

Quite clear

Article 80

Verse (1)

Authorities/agencies that are authorized for example, Local Government, Government

Village, Subdistrict, and others.

Verse (2)

Pretty clear

Article 81

Pretty clear

Article 82

Quite clear

Section 83

Verse (1)

The disaster relief and grant assistance to the victim and survivor

is the form of protection and the sum of the country to the citizens

the country. Local government is required to do protection and disposal

in accordance with the regional capabilities.

Verse (2)

Quite clear

Article 84

The disaster relief can be funds, goods, medicines, volunteers, and others.

Article 85

Pretty clear

Article 86

Quite clear

63

Article 87

Which is referred to as "community of local communities" is institutional in

the rural community environment/kelurahan that is still functioning at the time,

for example the Government of the Village, PKK, and others.

Article 88

Clear enough

Article 89

Quite clear

Article 90

paragraph (1)

Letter a

Funeral fees are used for the death of the deceased world.

The assistance is provided in the form of money, if an heir or an environment

a disaster is capable of organizing a funeral for the victim.

If the victim's family is due to one and another is not possible

to carry out the funeral, then the funeral is performed by The authorities

the government and the families of the victims do not have the right to receive fees

This funeral.

Letter b

The condoling money is meant to relieve the family burden or

The heir to the deceased victim of the disaster died. Grief money

given per unit of deceased victim due to disaster.

Verse (2)

Quite clear

Article 91

Clause (1)

Minimal 18 years old or those under 18 but

is already married and is known by mispronounce RT, RW, or Head

Village/Local Kelurahan.

Verse (2)

Example, foster care, foster parents, outside family who take over

parenting duties

Article 92

Clearly

Article 93

Verse (1)

Which is referred to "the disabled" is any person who

has a physical and/or mental abnormality, which may interfere or

is an obstacle and an impediment to it to perform

its always, which consists of:

64

a. physical disability;

b. mentally disabled;

c. Persons with physical and mental disabilities.

Verse (2)

Quite clear

Verse (3)

Quite clear

Article 94

Quite clear

Article 95

Quite clear

Section 96

Clear enough

Article 97

Quite clear

Article Article 42

Quite clear

Article 43

Quite clear

Article 44

Quite clear

Article 45

Verse (1)

Quite clear

Verse (2)

Quite clear

Verse (3)

Socialization, education and training is performed by agencies, agencies and

society.

Article 46

Pretty clear

Article 47

Quite clear

Article 48

paragraph (1)

Quite clear

paragraph (2)

In question with an informal education of basic training, advanced,

technical, simulation, and gladi.

Verse (3)

Pretty clear

Article 49

Quite clear

59

Article 50

Verse (1)

Clear enough

Verse (2)

Clear enough

Verse (3)

The disaster emergency response plan referred to is

emergency disaster plan or plan contijence for countermeasures

disaster emergency.

Verse (4)

Quite clear

Article 51

Quite clear

Article 52

Quite clear

Section 53

Verse (1)

Clear enough

Verse (2)

Clear enough

Verse (3)

Pretty clear

Verse (4)

Quite clear

Verse (5)

Media the local community that is meant for example

kentongan, lesung, loudspeaker Mosque.

Verse (6)

Quite clear

Verse (7)

Quite clear

Article 54

paragraph (1)

Quite clear.

Verse (2)

The appointment of officials in a tactical countermeasure is tactically,

commando, fast, precise, effective and efficient.

60

Which is referred to as "certain circumstances" is the head of the BPBD cannot

run the task and function.

Article 55

Verse (1)

The "commander" referred to as the staging controller

disaster relief at the time of emergency response.

Verse (2)

Which is referred to as "resource" is all the power and effort

and the equipment is available. Include: TRC, related agency Satgas,

volunteers, equipment etc.

Verse (3)

Pretty clear

Article 56

Quite clear

Article 57

Quite clear

Article 58

Quite clear

Article 59

Clear enough

Section 60

Verse (1)

Clear enough

Verse (2)

The letter a.

lear

Verse (2)

Special treatment for the disaster vulnerable community group is organized

at prabencana stage, emergency and post-disaster response.

Pretty clear.

The letter b

Is pretty clear.

The c.

Is quite clear.

The article 12

Specific needs to a particular group that are not vulnerable groups are

different/specific needs compared to disaster victims at

generally.

Letter a

Women have special needs compared to victims

disasters in gen