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MITIGATION LAW PROTECTION FOR VICTIMS OF CYCLONE SEROJA IN
EAST NUSA TENGGARA PROVINCE
JIMMY PELLO1, GERALD A BUNGA2
Faculty of Law, Nusa Cendana University1 Faculty of Law, Nusa Cendana University2 Jimmypello@yahoo.co.id1 Gerald.bunga@staf.undana.ac.id2
Abstract - In 2021 Cyclone Seroja hit East Nusa Tenggara and caused physical and no-physical losses in the community. Many buildings, roads, communication networks, and electricity networks are destroyed. In this condition, the people affected need support from all parties. Thus, This research aimed to answer whether the government has implemented the legal provisions required for the Cyclone Seroja Disaster victims. This research uses a sociological legal research method and a legal casuistic approach combined with a statutory approach concerning the implementation of disaster law. The result of the research shows that The implementation of disaster management law in East Nusa
and the response from the national level to the affected regions was delayed. Keywords: Environmental Law; Mitigation Law; Cyclone Seroja; East Nusa Tenggara.
INTRODUCTION
On April 4 - 5, 2021, Cyclone Seroja (a vortex of wind accompanied by rain reaching 85 km per hour) is a natural disaster that occurs suddenly (progressive) with a very severe impact on the environment, people's lives as happened in East Nusa Tenggara (ENT). Cyclone Seroja is the seed of tropical cyclone 99 S that has been detected by meteorology, climatology, and geophysics agency around the waters of the Sawu Sea in ENT, causing casualties to the community and the environment so that it needs to be overcome quickly by learning from various disasters that have occurred in Indonesia or other countries. According to the spokesperson for the Seroja Tropical Cyclone Disaster Emergency Response Command Post of ENT (Indonesian Minister of Home Affairs, 2021), there are many deficiencies in the community and the government that leads to a large number of casualties and property in the disaster due to the lack of knowledge and unpreparedness of the community in anticipating disasters. Losses are estimated at around Rp.3.4 trillion while funds collected from donors during the emergency response period amounted to Rp.6.3 billion, not including necessities and the like.
According to the Tropical Cyclone Seroja Disaster Emergency Response Command Post spokesperson in ENT, 21 municipal districts were affected by the storm. The losses suffered by the community and local government in ENT were estimated by the National Disaster Management Agency (NDMA) at Rp.3.4 trillion, consisting of Rp.1.2 trillion worth of damage to houses, Rp.2.2 trillion worth of damage to road infrastructure, including public facilities (hospitals, health centers, school buildings, supporting facilities and offices owned by local governments and the private sector).
There are also indications that unpreparedness for disasters is due to weaknesses in policies and implementation of legal rules related to planning and regulation in disaster management, which have been overlooked because so far we have all been patterned in the old paradigm of disaster management from emergency response to the paradigm of prevention and disaster risk reduction (DRR). (Regional NDMA of ENT said that Tropical Cyclone Seroja caused 182 deaths, 47 people missing, 184 injured, and 84,876 people displaced. Cyclone Seroja brought many types of disasters that were not predicted).
The emergency response status is based on the emergency response status in ENT due to the Seroja Cyclone disaster starting from April 6 to May 5, 2021, for tropical cyclone winds, flash floods, landslides, and tidal waves in the area. Decree No. 118/KEP/HK/2021 determined the status on April 6, 2021.
Dealing with the issue of seroja disaster victims, the implementation of disaster management at various stages of activities is guided by government policies and existing legal instruments, namely Law Number 24 of 2007 on Disaster Management and other related Government Regulations which have i ncluded the idea of disaster risk reduction in the objectives of law of disaster management in Article 4 as follows.
"Disaster management aims to: a. protect the community from the threat of disaster; b. harmonize existing laws and regulations; c. ensure the implementation of disaster management in a planned, integrated, coordinated, and comprehensive manner; d. respect local culture; e. build public and private participation and partnerships; f. encourage the spirit of cooperation, solidarity, and generosity; and g. create peace in the life of society, nation, and state."
The Seroja storm has caused losses to communities in East Nusa Tenggara Province, damaging houses, agricultural land, and yards, flooding, causing animal and human deaths, and even fear along with the outbreak of the coronavirus. As reported by the mass media, the response of local governments in several districts in East Nusa Tenggara was slow in recording the various losses of communities affected by the Seroja cyclone. Data on losses in each area affected by the Seroja cyclone is essential for the implementation of disaster mitigation laws to reduce the suffering of communities affected by disasters.
Figure 1 Tropical Cyclone Seroja Storm April 5, 2021
Data Source: MCGA of Kupang May 2021
The views of Jha, Shikha; Martinez, Arturo; Quising, Pilipinas; Ardaniel, Zemma; Wang, and Limin from the Asian Development Bank Institute add that (Jha, t al, 2018): Human impacts can arise in the form of property loss, homelessness, and community disruption, compounded by death, disability, ill health, and mental trauma as well as environmental damage, necessitating the reshaping of entire landscapes. (Human and social impacts can arise from loss of property, homelessness, and disruption of communities, compounded by death, disability, ill health, and mental trauma. Environmental damage can range from the felling of trees to the reshaping of entire landscapes).
Delays in the completion of various information and follow-up of local government reports related to the impact of disasters will interfere with the provision of assistance for disaster management in the form of a series of efforts that include the establishment of development policies that are at risk of disaster, disaster prevention activities, emergency response, and rehabilitation. In connection with this, trendy and important thinking is needed to develop strategic development ideas to overcome various problems caused by the Seroja disaster. In particular, if environmental and climate advocacy strategies are needed, associated with exploring the importance of human rights as a strategy to protect the rights of disaster victims, the community can file lawsuits against the government related to the negligence of disaster victims. In response to this issue, the Government of Indonesia should anticipate through governance, especially aspects of national and regional laws and policies. However, what is the form of legal regulation considering that the issue of climate change touches various patterns of life in Indonesia, especially in ENT? Thus, the effects of climate change have also caused various polemics nationally, such
as the following counter-expression: that as a result of climate change, natural disasters arise, causing environmental and human casualties.
This can occur because there is no information disclosure for the community, during the disaster, houses were swept away and flooded, roads and bridges were destroyed, electricity was shut off, prices of goods rose, and the community was facing the threat of the coronavirus and so on. These conditions show threats to the community's right to life, freedom of movement and activity, and education and health, including violations of the right to protection of communities living in forests, coastal areas, river basins, and so on. There is a validation of disaster damage, namely 52,793 damaged housing units in 16 regencies/cities in ENT due to the Seroja cyclone on April 5, 2021, the details are as follows:
Table 1 Impact of Cyclone Seroja on Residential Damage
No Regencies/Cities Damage House Public Facilities Death Casualties Missing People
1 Kupang City 12.692 10
2 Kupang Regency 11.884
3 Rote Ndao 8.760
4 Sabu Raijua 7.231
5 Malaka 3.727 65
6 Alor 2.316 6 12 28
7 Sumba Timur 2.174
8 Ngada 2.015 1
9 Lembata 619 67 21
10 Flores Timur 460 8 49 23
11 Timor Tengah Selatan 342
12 Timor Tengah Utara 227
13 Ende 106
14 Manggarai Barat 87
15 Manggarai Timur 69
17 Sumba Barat 46
18 Belu 38
19 Sumba Timur 7
Tottal 6.336 6.806 39.651 52.793
Data source: Post Disaster Management Center of NDMA of ENT on 8/4/2021.
Noting the table above, Cristina Estevaol & Carlos Costa stated that careful strategic disaster management legal policy is required (Cristina Estevaol & Carlos Costa, 2020). In addition to the legal aspects, various quick and appropriate policies are also needed to ease the pain of disaster victims and the surrounding environment as expressed by Justice Preston that: the handling of victims and the postdisaster environment needs to be supported by the thought of substantial environmental and social damage recovery based on distributive justice for the survival of current and future generations (Justice Preston, 2020). Cristina Estevaol & Carlos Costa add that the consequences of a disaster require handling because the loss to the community and the consequence of the continuation of the life needs of urban communities will be more widespread and varied (Cristina Estevaol & Carlos Costa, 2020). Ryoichi Yanagawa also states that It is necessary to understand the characteristics of post-disaster building damage to verify the building collapse using the available data (Ryoichi Yanagawa, 2017). However, sometimes the weakness is also in the community because when building physical buildings or preparing agricultural land, it is not following scientific principles in dealing with the threat of climate change or disasters. Due to economic, knowledge, and other limitations, they are always in a dilemma when facing disasters. In short, based on data from the NDMA Operations Control Center (Pusdalops) there are 2,019 families (8,424 residents) displaced and 1,083 families (2,683 residents) affected, the largest displacement is in East Sumba Regency 1,803 families (7,212 residents), Lembata Regency 958 residents,
Rote Ndao 672 residents, West Sumba 384 residents, East Flores 256 residents. Conditions during disasters experienced by communities in ENT based on the provisions of the law on disaster need to be immediately protected by stakeholders to restore their lives.
RESEARCH PROBLEM
This research aims to answer the question: Has the East Nusa Tenggara (ENT) government implemented the legal provisions required for disaster management for victims of the Seroja storm?
RESEARCH METHOD
This research uses the sociological legal research method which is research designed to secure a deeper understanding of law as a social phenomenon, including research on the historical, philosophical, linguistic, economic, social, or political implications(Terry Huchinson, 2002). This research uses a legal casuistic approach combined with a statutory approach concerning the implementation of disaster law for anticipating victims of natural disasters due to climate change.Primary data in this study was taken by interviewing 10 informants, namely the Governor of ENT, Regents of Kupang, Alor, Sabu Raijua, the Head of the Provincial Disaster Management Office, the Mayor, the Regional House of Representatives Commission for disaster management in ENT, the House of Representatives of Kupang City / Kupang Regency, the National Search and Rescue Agency (NSRA), MCGA of ENT, the NSRA of ENT, Lurah / Village Heads, and 20 Disaster Victims. (30 people in total). The research locations are Kupang City, Kupang Regency, Alor, East Flores, and Sabu Raijua.
RESULT AND DISCUSSION 1. Implementation Of Institutional Law In The Seroja Cyclone Disaster Response
The results of research on the application of the Seroja tropical cyclone disaster management law in ENT based on the Decree of the Governor of ENT No.118/KEP/HK/2021 dated April 6, 2021, on Seroja Cyclone Emergency Response Status, valid until May 5, 2021, is still ongoing because it is hampered by the distribution of aid funds for disaster victims deposited in the account of the ENT emergency response post which is distributed to disaster victims (IDR 10.6 billion) in the form of building materials. Concerning emergency response matters, these legal provisions experience a conflict of interest because each institution has a distinct vision and mission under the field of duties and responsibilities carried out in terms of disaster risk management in the community. There is also a Minister of Social Affairs Regulation No. 26 of 2015 on Guidelines for Coordination of Displacement and Protection Clusters in Disaster Management as a legal provision on coordination guidelines for the Seroja cyclone disaster coordination team which further needs to be elaborated into regional regulations to support regional disaster management agencies to prepare all data on victims and also related to the management of aid funds for victims. In fact, until November 2021 the community has not received assistance and is still hampered by the validity of data on disaster victims who are entitled to receive these funds.
The treatment of victims of the Seroja storm disaster related to the fulfillment of basic rights during disasters by local governments in all parts of ENT uses the ENT Regional Regulation No. 16/2008 on the Implementation of Disaster Management. Article 5 states that local governments guarantee the fulfillment of the rights of communities and people displaced by disasters with minimum service standards, protect communities from the impact of disasters and allocate adequate disaster management funds in the regional budget. Chapter VI on Emergency Response in Section One, Article 23 emphasizes that Local Governments implement disaster management directly in their regions by utilizing elements of the potential strength of disaster management and refugee treatment, infrastructure, and facilities in the regions.
Regarding the implementation of these regional legal provisions, the ENT government faced various problems when managing the victims of Cyclone Seroja, as follows.
2. The Work Culture Of Members Who Form A Disaster Management Team
The service treating victims of the Seroja cyclone disaster is part of providing public services. Team members who work together highlight the functions of the institution, and must also focus on the
common task of handling various aspects such as: handling physical victims, preparing supporting equipment for emergency tents, consumption for all parties, making disaster administration, etc. Instead, the team worked result-oriented and ignored the quality of standardized services, resulting in other victims who were not handled properly. This can be seen in the administration of disaster victims which is often modified, or corrected by the local government, including data on property damage to individual victims, private parties, and local governments. Consequently, the research results show public concern about "disaster assistance" for victims. This can occur due to the determination of status as a "disaster victim" that should be referred to disaster guidelines, but in reality, not all victims are determined based on official guidelines set by the government, such as the 2016 Guidelines for Determining Disaster Emergency Status prepared by the NDMA based on Government Regulation No. 21 /2008 on the Implementation of Disaster Management.
In short, the rapid assessment of the determination of disaster victims was constrained by the work culture of each team involved in handling disaster victims, which during the handling of disaster victims provided inaccurate information on handling victims. As a result, there is uncertainty about victim data, which leads to delays in assisting disaster victims quickly, and also affects the proper and accurate assessment of conditions during disasters, disaster events, disaster impacts, identification of disaster emergency management needs, and their development. Under these conditions, the human resources of the organization (local government/Local Technical Unit/District Office) must have good thoughts, feelings, and behavior concerning the tasks carried out for the progress of effective fulfillment of victims' rights. According to Stoner in Sinambela, the availability of human resources can be seen in terms of quantity and quality to support organizational activities to achieve predetermined goals. While the quality is seen from the competency standards set by the organization (L.P.Sinambela, 2017).
Compactness and focused work are needed in teamwork during disaster emergencies. This is consistent with Giulio Zuccaro & Mattia Leone's view that the government and other relevant agencies need to act based on official guidelines that are mutually agreed upon based on intense literature review and stakeholder engagement activities carried out in the project (Giulio Zuccaro & Mattia Leone, 2020). Teamwork requires individuals to self-regulate in a feedback loop with the rest of the group to optimize the consistency of the disaster management team's performance. However, this is hampered by the work culture that has been formed in each institution involved in disaster management resulting in the formation of sectoral egos leading to slow data collection of disaster victims. This was evident when the request to fill in the format formed by the NDMA for the distribution of aid funds from the state budget was still stalled at the bank and could not be distributed. However, the obstacle to the provision of disaster victim assistance by the ENT government is because the validity of data on disaster victims related to the status of property damage and the types of needs by disaster-affected communities is so difficult to determine even though there are guidelines. This can happen because there is a mismatch in the assessment of the data informed by the community and the existing records at the ENT government, which requires repeated clarification by competent and slow-working official staff.
3. The Delay of Information on Disaster Conditions and the Status of Disaster Victims
The results of research on several institutions directly involved in natural disaster management, namely: MCGA, Center for Volcanology and Geological Disaster Mitigation (PVMBG), NSRA, ENT Regional Disaster Management Agency (RDMA), Indonesian Army, Indonesian Police, and Public Works and Public Housing Agency in 5 districts/cities show that each institution emphasizes its institutional characteristics through its core institution (vision and mission). Andrew Maskrey argues that one of the causes of nonoptimal results from a disaster mitigation implementation is that the implementation of disaster mitigation often focuses on physical actions to reduce the threat of a natural disaster and does not optimize community participation in areas vulnerable to natural disasters comprehensively (Kristianus Jimy Pratama, 2021).
In light of this view, theoretically, disaster mitigation law relates to the idea of disaster risk reduction to protect victims. For this reason, community involvement is needed at this stage, namely at the time of the disaster the community together with the government are at the disaster site. For community participation during the Seroja cyclone disaster, the actualization of the idea was very prominent, namely the community was present individually, or through religious youth groups, their presence with the community was spontaneous. This can happen because the community contains the value of Gotong royong (cooperation) which is supported by the law of love that teaches the community about helping
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others who need it regardless of considerations. Participation in the implementation stage is a person's i nvolvement in the work implementation stage of an activity. The community here can provide labor, money, or materials/goods as well as ideas as a form of participation in the work. In general, it emphasizes institutional integrity based on different authorities and main tasks but within the general scope of the Indonesian natural disaster idea. Based on the results of interviews with disaster victims in Alor Regency and Kupang Regency, it is known that at the time of the disaster, victim care was provided through victim services in emergency shelters built using tents and limited lighting, providing sleeping equipment and food for the evacuees. Some victims are not reached because the location of the disaster is far from the shelter center but still survive with limited equipment and house conditions.
4. Disregard for Disaster Management Guidelines During the Seroja Cyclone Disaster
The Disaster Victim Handling Manual of Procedure should have been used as a guide in handling the Cyclone Seroja disaster. The results of research on several stakeholders RDMA show that the ENT government lacks preparation in handling disaster victims and does not use specific guidelines "about existing knowledge on methods and approaches to improve multi-stakeholder governance, multi-risk modeling, and resilient design-oriented perspectives in times of disaster". This was seen during the disaster when the Governor of ENT blamed the regents/mayors whose areas were hit by the disaster. In connection with the slow availability of data on disaster victims (ignoring the principle of speed), this happened because of the damage/disruption of the regional telecommunications network, which hampered communication. As a result, information on data of victims, locations of victims, losses, and forms of damage in each location became very unclear (difficult to access by regional leaders) and finally, there was a miscommunication between the Minister of Social Affairs, and the Regent of Alor (tension between the leadership of the Alor Regional House of Representatives and the Regent of Alor), the tension between the Governor of ENT and the Regents of Kupang, South Central Timor, and Malacca. This indicates that the coordination channels were disrupted because the existing communication media had been cut off due to electricity disruption. After all, the electricity network throughout the disaster area was affected by strong winds and floods. This condition could have been anticipated long ago if we had learned from the risk analysis as well as the information provided almost daily by the ENT MCGA to all those who need information through the agency's WhatsApp, Facebook, and local television. For this reason, regional stakeholders need to provide: (1) Sharing Knowledge; (2) Harmonizing Capacities; (3) Institutionalizing Coordination; (4) Engaging Stakeholders; (5) Leveraging Investments; and finally, (6) Developing Communication (Kristoffer Albiris, et al, 2020).
In short, the involvement of inter-agencies in the region in dealing with victims of the Seroja Storm disaster should not ignore several principles, namely conformity with the results of the assessment quickly, coordination of all related agencies/institutions, fast, precise and accuracy, as well as transparency and accountability. The activities of the stakeholders experienced maladaptive, namely, the members of the institutions involved in handling disaster victims, had limitations in individual perspectives in carrying out their duties at the institutions where they worked, as seen in the following discussion.
5. National Search and Rescue Agency Based on Law No. 29 of 2014 on Disaster Management
The National Search and Rescue Agency (NSRA) is an institution that works based on its vision-mission and core business in the aspect of natural disasters, namely "emergency." The focal point is on two main aspects, namely the search and rescue of victims, which are closely related to disaster mitigation programs. The presence of the National Search and Rescue Agency provides services in the form of "search and rescue services" including the speed of evacuation of disaster victims. The NSRA as an institution (response team) is directly responsible to the President of the Republic of Indonesia based on Law No. 29 of 2014 on Disaster Management. Under the Mitigation Program during disaster management, the implementation of "timely victim assistance" requires both internal and external networking teams which involve the National Disaster Management Agency - Provincial RDMA - Regency/City RDMA (under the Ministry of Home Affairs). The results of the research on teamwork in handling emergencies show maladaptation. The issue of "maladaptation" is related to the function of the speed of evacuation of disaster victims concerning the physical and mental presence of members of the rescue team. In addition, maladaptation arises when there is pressure from an environment that is difficult to understand in terms of geography and even often pressure comes from the community around the disaster site. To overcome this issue so the team can work quickly, a search team is also formed related to the conditions
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of the disaster site such as area vulnerability, water flow, soil instability (landslide cases), and the locations of victims (position).
Given the conditions of handling victims of the Seroja Disaster carried out by stakeholders, it can be seen that actors in several institutions experience maladaptive conditions related to the handling of disaster victims because generally, they do not prepare the ability to move administratively and implement disaster management policies. After all, disaster management policy plans specifically related to the idea "that a disaster will occur" require skills in the actualization of disaster administration, and disaster management budgeting are less carefully prepared even though there have been early warnings from the authorities in this case the MCGA of ENT. The results of the interview with the Head of the NSRA of ENT explained that information about climate change conditions is always used as the basis for the action of this institution in implementing the duties of the NSRA, they also often consider the weather conditions in ENT.
6. Indonesia Armed Forces Institution Based on Law No. 34/2004 on Indonesia Armed Forces
Based on the results of the research, it is known that the Indonesian Armed Forces is also involved in handling victims of the Seroja cyclone disaster at the disaster site with other related institutions. The involvement is based on the doctrine of war operations other than war. There is a change in the view of the Indonesian Armed Forces as well as in various countries such as the United States, Canada, China, Japan, Singapore, and others about war operations other than war when the country is not facing a conventional war, namely open warfare.
Based on an interview with the Chief Military Commander of Kupang, it is known that the scope and focus of Military Operations Other Than War are to prevent war, resolve conflicts, maintain peace, and support civilian governments in overcoming domestic crises. An alternative term for Military Operations Other Than War is Peace Support Operation. Military Operations Other Than War include the establishment, enforcement, and maintenance of peace. They also involve monitoring arms trade/exchange. Military Operations Other Than War does not involve the use or threat of force but rather prioritizes the provision of humanitarian assistance and includes natural disaster relief (cyclone Seroja victims). In Military Operations Other Than War, military forces synergize with other institutions/organizations, especially those related to diplomacy, economy, government, and even politics and religion.
Before conducting an operation, familiarization with the situation and conditions is usually performed by the assigned unit, to determine strengths and expertise, make plans, conduct training, and prepare preconditions to achieve operational objectives. A special team for field recognition can be formed so that it can be deployed quickly to conduct field observations, identify the character and size of the threat, communicate with various parties, etc. Mastery of the local dialect and culture is very important for this special team. The provisions of Law No.34 of 2004 Article 7 paragraph (2) point 12 legalize the Indonesian Armed Forces to involve themselves in the field of disaster mitigation law, this article states that In performing its main duties, the Indonesian Armed Forces can do so, one of which is by helping to cope with the consequences of natural disasters, and refugees, and providing humanitarian assistance.
The Military Operations Other Than War faced today are different from those conducted in the past. Today's Military Operations Other Than War are political tasks that are more difficult to measure its success, it is not easy to determine where and in what situations soldiers are assigned to do so, and when the Military it can be called finished doing its job. One of the tasks includes dealing with natural disasters. The Indonesian military's presence at the time of the disaster helped the ENT government overcome casualties and other material losses to support the ENT government's efforts to restore the physical disaster emergency. Here Military Operations Other Than War helps to use skills that are rather different from the mission of Peace Support Operations. Military Operations Other Than War missions often face unique challenges, different from those faced in confronting an armed enemy in open warfare. Indonesian Armed Forces' involvement in handling the victims of the Seroja cyclone required the use of different operating techniques applying the principles of fast, precise, and organized in collaboration with the ENT Government and internal forces. This ability is also realized in handling the Seroja Cyclone disaster and looks very alert to help victims and communities affected by disasters in the affected area.
7. Regional Disaster Management Agency (Province, Regency/City)
Before conducting an operation, familiarization with the situation and conditions is usually performed by the assigned unit, to determine strengths and expertise, make plans, conduct training, and prepare preconditions to achieve operational objectives. A special team for field recognition can be formed so that it can be deployed quickly to conduct field observations, identify the character and size of the threat, communicate with various parties, etc. Mastery of the local dialect and culture is very important for this special team. The provisions of Law No.34 of 2004 Article 7 paragraph (2) point 12 legalize the Indonesian Armed Forces to involve themselves in the field of disaster mitigation law, this article states that In performing its main duties, the Indonesian Armed Forces can do so, one of which is by helping to cope with the consequences of natural disasters, and refugees, and providing humanitarian assistance.
The contingency program of the RDMA in several districts, especially Kupang City, is identified through the disaster management planning program. Based on interviews with the Secretary and Head of the RDMA, it is found that the implementation of the disaster management program is directed to the rapid reaction team. The condition of human resources at the RDMA of Kupang City consists of 32 civil servants and 24 non-permanent employees in the handling of Seroja cyclone victims, all of whom are included in the disaster management team. This team is not supported by adequate work equipment, only relying on sensor machines, 1 car supplying relief goods, and building coordination with the fire department. Related to special activities during disaster management, based on the results of the interview, it is known that the disaster management planning program/disaster management in the region involves various parties arranged jointly with other stakeholders. For example, in Kupang City's contingency program planning, the stakeholders in the preparation of the program include the Health Office, Public Works Office, Social Office, Women's Empowerment Office, PT Telkom, State Electricity Company, and the MCGA of Kupang.
Based on the results of these interviews, it is known that the RDMA in the formulation of the program conducted these activities on a limited basis, but in interviews and administratively not all parties were actively involved due to various activities at the relevant agencies at the time the program was prepared and as evidenced by the unpreparedness of documents during the discussion of disaster management planning materials. Another thing that is known from the interviews is that organizationally, the work of the team in the preparation of the disaster management planning program is more directed towards the handling of small-scale disaster victims. This is based on the Kupang Mayor's Regulation No.11A/2018 on the Mechanism for Providing House Repair Assistance. This regulation is a legal product resulting from the amendment of Kupang Mayor Regulation No.5/2016 on the Mechanism for Providing Home Repair Assistance. In addition, there is also a Disaster Resilient Village Program (this is per the 2021 Kupang City Village Disaster Map). When observing the implementation of disaster management programs, related to the handling of disaster victims, in the implementation of the program each unit works based on work patterns while collecting data on the tasks carried out by each unit, but when compiled there are still different views because the understanding of the criteria for disaster victims differs in interpretation. This condition slows down the determination of disaster victims and the handling of assisting disaster victims. This is related to the number of civil servants and contract workers working in each institution so the division of tasks and roles is often hampered. In addition, the replacement of service leaders and heads of units in disaster management institutions also slowed down the handling of disaster victims because they did not understand the program and its implementation, including the handling of victims of the Seroja Cyclone disaster.
8. Kupang Meteorology, Climatology and Geophysics Agency (MCGA)
The task of the MCGA is to perform governmental duties in the field of meteorology, climatology, air quality, and geophysics under the provisions of the applicable legislation, namely Law No. 31 of 2009 on Meteorology, Climatology, and Geophysics. The objectives of this law are: a. to support the safety of life and property, b. to protect national interests and potential in the context of improving national security and resilience, c. to increase the nation's independence in the mastery and application of science and technology in the fields of meteorology, climatology and geophysics, d. to support national development policies to realize the welfare of society, e. to improve information services widely, quickly, precisely, accurately and easily understood, f. to realize environmental sustainability, g. to accelerate relations between nations through international cooperation. The functions of the MCGA are as follows:
1. Formulation of national policy and general policy in the field of meteorology, climatology, and geophysics.
2. Formulation of technical policies in the field of meteorology, climatology, and geophysics.
3. Coordination of policies, planning, and programs in the field of meteorology, climatology, and geophysics.
4. Implementing, coaching, and controlling observation and management of data and information in the field of meteorology, climatology, and geophysics.
5. Data and information services in the field of meteorology, climatology, and geophysics.
6. Submission of information to agencies and related parties and the public regarding climate change.
7. Delivering information and early warnings to agencies and related parties and the public regarding disasters due to meteorological, climatological, and geophysical factors.
8. Implementing international cooperation in the field of meteorology, climatology, and geophysics.
9. Carry out research, assessment, and development in the field of meteorology and geophysics.
10.Implementation, guidance, and control of instrumentation, calibration, and communication
networks in the field of meteorology and geophysics.
11.Coordination and cooperation of instrumentation, calibration, and communication networks in the field of meteorology, climatology, and geophysics.
12.Implementation of education and training of government expertise and management in the field of meteorology, climatology, and geophysics.
13.Implementation of education and training of expertise and government management in the field of meteorology, climatology, and geophysics.
14.Implementation of professional education in the field of meteorology, climatology, and geophysics.
15.Implementation of data management in the field of meteorology, climatology, and geophysics.
16.Coaching and coordinating the implementation of administrative tasks within the Meteorology, Climatology, and Geophysics Agency.
17.Management of state property/wealth that is the responsibility of the Meteorology, Climatology, and Geophysics Agency.
18.Supervising the implementation of tasks within the Meteorology, Climatology, and Geophysics Agency
19.Submission of reports, suggestions, and considerations in the field of meteorology, climatology, and geophysics.
Based on the functions listed, it can be seen that in facing the conditions of this natural disaster in ENT in terms of handling victims of the Seroja Cyclone disaster, based on the results of interviews with the head of the MCGA, it was found that: MCGA and regional technical units always monitor weather conditions in the Indonesian region. It is known that this institution has carried out the MCGA's duties, including informing various channels of information, about weather (potential strong winds), earthquakes, sea weather in ENT, and the potential for land fires in ENT. There is various news on social media with the topic "For Transportation Safety, BMKG asks not to underestimate weather and climate information (August 18, 2021))". "BMKG Asks Local Government to Seriously Address Climate Change" (August 9, 2021)), "President of the Republic of Indonesia asks Ministries / Institutions and Local Governments to make BMKG data a Regional Policy Reference (July 29, 2021))".
Regarding the utilization of this information, MCGA has been working based on a Memorandum of Understanding between the Ministry of Tourism and the Utilization of Meteorological and Geophysical Information in Tourism Sector No. Nk.02/Ks.001/Mp/2016 and No. Ks.301/013/Kb/Iv/2016. The purpose of this memorandum of understanding is to anticipate taking quick, precise, and integrated steps in the prevention and control of tourism problems through the utilization of meteorological, climatological, and geophysical information. Based on the results of research at the MCGA, it is known that the above phenomenon indicates that so far information from the MCGA to all stakeholders in ENT has been delivered through technology in one mobile application such as WhatsApp, Facebook, Radio RRI, TVRI, and others. However, looking at the conditions during the handling of victims of Cyclone Seroja, the
concept of an "early warning system" has been implemented and this has become the motto that often underlies the implementation of government tasks related to the MCGA. The success of this institution's work also depends on the "response" of stakeholders in ENT. In the case of the handling of victims of the Seroja cyclone, there was a "lack of responsiveness" in the handling of victims of the Seroja cyclone because it was seen that the information from this institution was only considered to be "forecast" information, which is the same as something that may or may not happen. This view is also supported by the real conditions in each stakeholder organization that lacks support for operational facilities, the ability of human resources to handle disaster events, financing factors, the psychology of implementers, community support, and so on. Considering the role and function of the MCGA in ENT, this institution plays a central role and must receive the attention of all regional institutions, including social institutions and communities in the region, concerning the information presented by this institution because of its weather information is useful in supporting the role of all parties in carrying out regional development, especially in overcoming various regional disasters.
In short, the role of the MCGA of ENT is so important concerning the information on Indonesia's climate development conditions, especially conditions in ENT as a form of "early warning system". However, various important information is very limited in its use except for the shipping sector, and aviation, but not for local government agencies including the Provincial RDMA and the District RDMA. The results of interviews with several leaders of these agencies show that information is received as information for pre-disaster programs, not programs during disasters (mitigation). This condition is contrary to the legal aspects of disaster mitigation as stipulated in Law No.24 of 2007 concerning Disaster Management, especially Article 47 paragraph (1) of the Disaster Management Law, the purpose of disaster mitigation is limited to reducing disaster risks for communities located in disaster areas. In this context, the research results show that institutions that are considered to be alert in handling victims are the NSRA, the Indonesian Armed Forces, and the Indonesian National Police because their fields of work are more directed towards physical readiness to face war violence, physical disaster areas, handling crimes with various types of unfriendly behavior that must be disciplined. The characters of the three institutions are needed and alert during a disaster in handling disaster victims. This action is supported by the rules in the Indonesian National Armed Forces Disaster Management Law No. 34 of 2004.
9. Regional Police in East Nusa Tenggara
The involvement of the regional police in ENT, especially those in disaster areas (provinces, districts/cities) in handling disaster victims is based on Article 13 of Law No. 2 of 2001 on the Indonesian National Police regarding the main tasks of the police which include: a. maintaining security and public order; b. enforcing the law; c. providing protection, guidance, and services to the community. Based on the results of research in the field and interviews with Police officials in ENT (Sabhara functions in a preventive and repressive manner, especially providing protection and safety for disaster victims), it is known that this institution is very instrumental in the involvement of handling cyclone seroja victims, including mobilizing equipment and setting up refugee tents at disaster areas. This was conducted based on the National Police Chief Regulation No.17/2009 on Disaster Management which aims to: a. protect the community from disaster disruption; b. ensure the organization of disasters in a planned manner; c. build participation and partnerships with the community; d. encourage the spirit of cooperation, solidarity, and generosity; e. create peace and life in society, nation, and state.
The results of observations at the time of the disaster showed that this institution was present and actively involved in assisting in securing the location, the people, and property of disaster victims in the disaster areas, setting up refugee tents, providing aid and assistance to victims in disaster locations that were difficult to reach. The way the police work is trained based on the institution's SOP and always coordinates with the local government.
10. Disaster Care NGOs and Religious Institutions
The results showed that the handling of Seroja storm victims by NGOs and religious institutions was based on the functions of each institution. The implementation of its functions is still sporadic and they are also at the forefront, especially related to victims who are at the location of activities based on the work priorities of these institutions. The provision assistance is provided by the capabilities of each organization that is adjusted to the ability of the members assembled in the organization such as
voluntary donations, NGOs Care For the City assists in cleaning up the environment of residences that have been hit by building materials, trees, handling electric lighting and so on.
Some volunteers, such as the Kupang Youth Disaster Care, contributed by providing manpower and equipment obtained from financial institutions to help people in the city whose houses were hit by trees, removing trees that had fallen on roads around residential areas and public to facilitate the flow of traffic to and from the disaster area. The actions of this youth group are based on a sense of empathy for disaster victims because the number of victims is high and requires initial assistance so it will make it easier for other assistance to arrive at the disaster area. The presence of volunteers (youth) during the Seroja Storm disaster was seen in Kupang City because in general, they have experience living together in religious forums (church youth, mosque youth based on the value of solidarity between people) and the value of solidarity for the distress experienced by residents. The sense of solidarity generated by these volunteers demonstrates the commonly proclaimed principle of "together we stand firm in social life". Here, a sense of solidarity between religious institutions in the disaster area emerges in the living space of humanity.
11. The East Nusa Tenggara Forum for the Environment
Based on the results of the research, it is known that the Indonesian Armed Forces is also involved in handling victims of the Seroja cyclone disaster at the disaster site with other related institutions. The involvement is based on the doctrine of war operations other than war. There is a change in the view of the Indonesian Armed Forces as well as in various countries such as the United States, Canada, China, Japan, Singapore, and others about war operations other than war when the country is not facing a conventional war, namely open warfare.
Based on the results of the research, it is known that the ENT Forum for the Environment (Walhi) was involved in handling the victims of the Seroja storm disaster. In connection with the handling of disaster victims, this group believes that the ability to handle regional disaster problems is closely related to human resources, costs, and heavy equipment available in the region. Cyclone Seroja has triggered high-intensity rain, strong winds, and sea waves for more than three days. Cyclone Seroja resulted in flash floods, coastal floods, and landslides in most parts of ENT. The organization said the impact of the disaster is getting bigger and wider because the environment no longer has adequate capacity and supporting capacity. According to Walhi, before the Seroja cyclone emerged, the environment had been damaged by forest encroachment and conversion, infrastructure development, and other large-scale investment projects. At least, 181 people died, 47 people were declared missing, and 470,754 people in 20 districts/cities were displaced.
In terms of the number of casualties, the worst impacts occurred in the districts of East Flores, Lembata, Alor, and Malaka. Meanwhile, in terms of the area affected, Malacca and East Sumba Regencies are the areas with the most extensive disaster impact. "This climate disaster also has a tremendous impact, especially on small islands, namely Adonara, Lomblen, Alor, and Pantar Islands," said Dominikus Karangora, Coordinator of the WALHI East Nusa Tenggara Disaster Desk to Mongabay Indonesia, Friday (23/4/2021). Regarding environmental safety, WALHI of ENT recommends the government stop investments in ENT that are not environmentally friendly, both in the tourism sector, mining, and monoculture plantations. According to WALHI of ENT, investments that do not pay attention to the supporting capacity and capacity of the environment will have an impact on the emergence of disasters that harm the community. "Investments made in ENT must prioritize environmental safety and community living space. C excavation mining activities that enter protected forest areas must be stopped." Walhi hopes that the government will repair buffer zones that have been damaged by natural and non-natural factors. The government is also asked to revise the Regional Regulation (Perda) on the Zoning Plan for Coastal Areas and Small Islands (RZWP3K) which is adjusted to the disaster-prone map of ENT. "Implement mitigation efforts that are culturally participatory and structural mitigation under Government Regulation No.64/2010 on Disaster Mitigation in Coastal Areas and Small Islands."
12. Coordination Function in Dealing with the Victims of Storm Seroja.
Disaster management is a series of efforts including pre-disaster, during-disaster, and post-disaster based on risk management principles (D.Wulandari, et al, 2017). Regarding research on disaster mitigation, the view is directed towards disaster risk reduction through physical development as well as
awareness and improvement of the ability to face disaster threats. In the first week after the disaster, coordination within the local government of ENT was slightly disrupted because there was panic among regional officials and task executors at the regional disaster management agency. This was due to the unprecedented situation and was done officially. In addition, some middle and lower-level officials had just been transferred from other workplaces with different fields of work. As a result, when a disaster event occurs, it is difficult to coordinate and adjust to work while learning in a new work environment, with a new work program, namely the Risk Reduction Program which includes:
a. Physical building
b. Awareness of the ability to face disasters
c. Improve the ability to deal with disasters
Figure 2: Flood Disaster Situation Caused By Rain And Cyclone Seroja
PETA SITUASI BENCANA ALIRAN BAHAN ROMBAKAN/BANJIR BANDANG Dl KEC. ILE APE DAN KEC. ILE APE TIMUR, KAB. LEMBATA, PROVINSI NUSA TENGGARA TIMUR
CM- EVWO ftm<»Mw»<liiii»i E&OW
Source: Kupang MCGA,2021
Cyclone Seroja brought many types of unforeseen disasters. The RDMA has risk assessments related to disaster threats in some areas. Some NGOs are doing capacity building in the community. Even the ENT Government has developed a Contingency Plan (Renkon) for dealing with disaster threats. "When the threat of disaster comes in complexity, it makes us look for directions in seeing this condition. This problem is faced and becomes a lesson learned in facing tropical cyclones," said Sintus. He acknowledged that data information from the MCGA is always available at the provincial level, but at the district level, it has not been done well to disseminate it to the community. He said villages that have received disaster-resilient village capacity building have understood this (Sintus, Interview in East Flores Regency, July 2021).This can be seen in the villages in East Flores Regency, the Geomorphology of affected areas, and the impact of flash floods in East Adonara District, East Flores Regency, East Nusa Tenggara. Photo: Center for Volcanology and Geological Hazard Mitigation (PVMBG).
Figure 3. Geomorphology of Flood Affected Areas and Impacts in East Adonara Sub-district
According to the Regulation of the Minister of Home Affairs No. 46/2008 on the Guidelines for the Organization and Work Procedures of the RDMA, there is a need for a resilient spirit in facing disasters. Through this thinking, it is expected that disaster-affected communities can adapt to potential hazards and can recover when experiencing disasters. Concerning the existence of disaster-affected communities, the presence of stakeholders is expected to create a sense of solidarity in the community, a sense of companionship and caring for others, as well as a sense of responsibility from the RDMA in each region. The results of research in 5 districts/cities that experienced the Seroja disaster in ENT showed that there were coordination problems in the handling of Seroja cyclone victims at the time of the disaster, including maladministration and communication problems (the results of interviews with Regency Legislators and Regents) (Interviews with local officials in July-August 2021 in East Nusa Tenggara, Kupang Regency, Alor, and Kupang City). In terms of disaster administration, in particular, the number of victim data from 16 districts/cities that suffered damage due to the storm was unclear due to the disconnection of the communication network. It was difficult to establish communication to facilitate disaster administration at the time of the disaster by provincial RDMA with regional leaders due to the disruption of electricity supply throughout the entire province, making it difficult to communicate between the center and the regions as well as among the regions themselves.
This disaster maladministration can occur because data information keeps changing daily which is collected from various institutions that directly deal with disaster events such as environmental damage (landslides, floods, various damage to road infrastructure, bridges, agricultural lands, damage to health facilities, social, education, government, and private offices, damage to electricity and telecommunications facilities). In addition, natural disasters result in human deaths (some bodies are found and some are missing) and the search process requires certain institutions that are experts in the search process and require time to find them. All of these conditions make the reporting process gradual. The results of the research show that the East Nusa Tenggara Government has formed the Cyclone Seroja Coordination Unit.
In times of disaster, coordination is needed to strengthen morale in handling Seroja storm victims. Coordination of Seroja storm victims is a disaster management function characterized by disaster planning, organizing, mobilizing, and controlling various components that form an organizational task area, including government and other fields. When a disaster occurs, it is found that even though there are various roles of the organs of a regional organization, there is a clash because of the different units involved in handling the victims of the Seroja storm. In addition, there are differences in work units and people and characters when dealing with victims of Cyclone Seroja. The results showed that the work unit was not fluent in handling victims because there was a certain interest content, for instance, the information presented by the disaster emergency management, especially the NDMA, reported that: "The Recent Impact of Tropical Cyclone Seroja Has Caused 8,424 ENT residents to flee (1,083 Family or 8,019 residents affected). In addition, some residents died in Lembata Regency 67 people (no bodies were found), East Flores 49 people, and Alor 12 people (Interview with Head of NDMA's Disaster Data, Information, and Communication Center, Tuesday, April 6, 2021). There are also missing victims.
Nationally, the Ministry of Public Works and Public Housing relocated settlements using a 2021 budget of Rp.338 billion and a 2022 of Rp.102 billion.
13. Local Wisdom
Based on observations, Cyclone Seroja changed many natural features in ENT, especially the shape of rivers and forming new lakes. For instance, Nelelamadike village, which is located downstream at the foot of the Ile Boleng volcano, is still threatened by cold lava floods. Lava material from Mount Ile Lewotolok also threatens surrounding villages. Based on the topography, Nele Lamadike village is located on the slopes of Mount Ile Boleng and can be spotted flowing rivers originating from the summit. In addition, it is known that Mount Ile Boleng is still active and is included in the lava flood-prone area. It is likely that the material there is volcanic material that is easily swept away by water, including on Mount Ile Lewotolok Lembata. The employee of PVMBG added: many people live in alluvial fan areas because of the abundant springs around the area. The morphology of the islands in ENT tends to be almost similar to each other, so the same form of mitigation can be applied throughout ENT. Facing the conditions in ENt, an early warning system is needed that can be applied using a pendulum and ultrasonic sensors with community participation. This idea was appreciated by the Public Works and Public Housing Ministry considering the condition of some areas that are not possible to relocate. Furthermore, he added, debris flow usually occurs in rock hill/mountain areas with very steep slopes and has a lot of lava rock distribution that is not firmly bound to each other. The inherent material is in the form of stones or boulders with the characteristics of a very fast glide or rolling due to the mass or weight of the stone and high steepness.
Regarding handling Seroja storm victims, coordination between sub-organizations that handle disaster issues, especially at the time of disaster (according to mitigation theory), is needed. In this regard, it is necessary for individuals who lead government organizations to have character, knowledge, skills, loyalty, honesty, and enthusiasm for the tasks they perform and be responsible. This is because individuals in government are considered competent and trained in managerial skills when leading an organization.
The research results show that some local governments when handling Cyclone Seroja victims experienced challenges such as the disconnection of mass communication networks, flash floods that damaged land transportation routes such as roads to the disaster site, strong winds followed by heavy rain, damage to the electricity grid and power cuts, damage to houses and buildings owned by the private sector and local government, as a result, the agency had difficulty collecting data on disaster victims. At the same time, various parties were collecting data individually, such as neighborhood associations, religious foundations, the police, and the military, and from the data collected, there were complications when compiled by the local government (Interview results with the RDMA of Alor and Kupang Regencies, July 15-20, 2021).
According to the provisions of Article 16 of the Government Regulation No.21 of 2008 on the Implementation of Disaster Management, disaster management readiness is required to ensure the implementation of quick and appropriate actions in the event of a disaster. Disasters are a series of events that threaten and disrupt people's lives and livelihoods caused by natural and non-natural factors resulting in human casualties, environmental damage, property losses, and the psychological impact on individuals experiencing these events. Legal aspects of mitigation planning are necessary in terms of planning regarding natural and non-natural disasters that are being faced by the world community including the people of ENT. The results of the research show that the community faces several natural disasters such as storms, droughts, fires, and flash floods. About 60 percent of the population of ENT live on the slopes of highlands that are prone to the risk of landslides. Of that percentage of the population, the majority live in rural areas. In addition, the population in East Nusa Tenggara is also facing a non-natural disaster, namely Covid 19, which ranks 5th in Indonesia in the July 2021 period.
14. Funding and Management of Disaster Relief
Based on Government Regulation No. 22/2008 on Disaster Relief Funding and Management, it is known that there is a need for financial support in non-natural disaster management. What is meant by disaster management assistance funds are funds used for disaster management to endure pre-disaster, during emergency response, and/or post-disaster. Based on the results of interviews with the RDMA of Kupang
and Alor and Sabu Raijua, it is known that the source of funds for disaster management of Cyclone Seroja based on Article 4 of this legal provision can be sourced from the State Budget, Regional Budget, the community (Interview with 3 Heads of the Regional Disaster Management Agency (BPBD) in July-August 2021). For local governments in East Nusa Tenggara, the disaster management budget uses unexpected budget nomenclature.
Based on the results of the research, this budget is very low when compared to the central government assistance budget sourced from the 2021 State Budget. Some costs are donated by third parties, namely national and international institutions. Although there are legal instruments that guarantee the efforts of local governments to raise funds from various legitimate sources, the reality of receiving budget and financial assistance to ease the burden on disaster victims is insufficient because it is only intended for the repair of settlements, regional facilities, and infrastructure but not for the repair of damaged living environments.
15. The Role of International Institutions and Foreign Non-Governmental Organizations in Disaster
Management.
Based on the results of the research, it is known that disaster management can be seen from several aspects, including in terms of policies in the fields of land, social assistance, health, and social security for floods and tornadoes. Regarding the involvement of international agencies in the handling of the Seroja storm disaster, it was implemented through financial assistance received by the Minister of Social Affairs of the Republic of Indonesia and the Governor of ENT.
Based on legal provisions, the provision of third-party or community assistance budgets is regulated by Government Regulation No.22 of 2008 on the management of public funds. Articles 7 and 8 emphasize that local governments can encourage and facilitate the community to be involved in providing funds and it will be recorded in the regional budget. The use of these funds based on Article 14 paragraph (1c), among others, is for disaster mitigation activities. Based on observations of reports on the use of aid funds by the ENT government, including aid funds from the international and national community, it is very useful for the repair of damaged houses on a heavy and medium scale.
16. Conflict of Interest Prevention
In handling disaster victims, it is necessary to create a work culture, prioritize the public interest, prevent State losses, sense of responsibility, improve personal integrity and implement clean government. Thus, it is necessary to avoid several things such as utilizing positions to provide special treatment to family, relatives, groups, and/or other parties from the State budget. Not being discriminatory and unfair and not colluding to favor one or several parties in implementing the procurement of goods/services within the NDMA. Not utilizing confidential agency data and information for the benefit of other parties. Not Intentionally participate in procurement activities of goods/services in the NDMA, either directly or indirectly, at the time of the activity for all and/or part of which he/she is assigned to carry out management and supervision of the same activity. Make a statement regarding potential conflicts of interest if they have a blood family relationship in the nuclear family relationship with State administrators, officials, and employees.
To alleviate victims of natural disasters, concerning the official documents of disaster victims, efforts can be made to replace lost or damaged documents such as marriage certificates, birth certificates, family cards, identity cards, land certificates, diplomas, etc., (by the local government can be provided services in coordination with the RDMA). Kupang Regency is an area of natural disasters such as earthquakes, landslides, floods, and certain technological failures. In this regard, the government is responsible to provide a sense of security and comfort for the people of Kupang Regency in the event of a disaster. In terms of relocation of disaster victims whose land and houses were damaged, it does not emotionally separate the community from the land/region of origin. Moving people's lives is not easy because of their emotional connection to their place of origin. Facing these conditions requires the role of psychologists to deal with disaster victims who are in areas where natural disasters have the potential to occur and need to be relocated. Thus, the need for emergency response must be considered as a handling system that always remains attentive to the values of feasibility and upholds human dignity.
17. Analysis of Lawsuits for Local Governments by Disaster Victims
Law enforcement regarding the handling of the victims of the Seroja storm entails actions related to the protection and fulfillment of human rights, including access to assistance and non-discrimination in the distribution of aid, as well as the relocation of residences. However, the victims themselves have not taken legal action in Indonesia due to the belief that natural disasters are acts beyond human control, and there is no specific party that can be held legally accountable.
The victims often perceive the losses caused by nature as a divine fate that must be accepted by the victims, including the government. This perspective differs from the European viewpoint, where disaster-related issues are considered the responsibility of the government, such as their involvement in disaster mitigation and law enforcement, as exemplified in the United States v. Portman case. In that case, one panel of judges stated that treating diminished capacity as an aggravating factor would be inappropriate, but explained that judges could choose not to mitigate the situation on that basis if they are concerned about defendants who suffer from it. With regard to the victims of the Seroja storm, they could indeed demand legal protection from the government, specifically from the highest level to the lowest level, including the RDMA in each district and city. However, considering the weak condition of the state and the affected areas, the victims of the Seroja storm have not exercised their right to demand such legal protection, as this event is deemed a natural disaster.
CONCLUSION
The implementation of disaster management law in ENT, particularly in addressing the victims of the Seroja storm, faces several challenges. One of these challenges is the lack of competence and skills among the staff involved in the disaster victim response team, leading to maladaptive actions during the disaster. Furthermore, there is a constraint arising from a work culture that prioritizes sectoral ego when dealing with disaster victims due to the influence of leadership policies within each working unit. The collection of data on the victims of the Seroja storm has been delayed, hindering the management of financial assistance from the district-level Regional Disaster Management Agency (BPBD) to the provincial and national levels through the National Disaster Management Agency (BNPB). This delay is mainly attributed to the damaged communication networks, electricity disruptions, and environmental conditions, which resulted in delayed reporting of disaster victims and the actual on-site situation at the national level. Consequently, the response from the national level to the affected regions was delayed. Although coordination in disaster victim response is taking place, certain institutions such as Basarnas (National Search and Rescue Agency), TNI/Polri (Indonesian National Armed Forces/Police), and BMKG (Meteorology, Climatology, and Geophysics Agency) have shown more promptness in implementing victim assistance programs.
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