Journal of Southeast Asian Human Rights, Vol. 9 Issue. 1 June 2025 pp. 81 - 121
doi: 10.19184/jseahr.v9i1.46166
© University of Jember & Indonesian Consortium for Human Rights Lecturers

Re-assessing Human Rights Issues in Palu Disaster
Management: An International Legal Foundation
Aktieva Tri Tjitrawati
Faculty of Law, Universitas Airlangga, Indonesia
Email: aktieva.tri@fh.unair.ac.id
Mochamad Kevin Romadhona
Faculty of Social and Political Sciences, Universitas Airlangga, Indonesia
Email: kevin.romadhona@staf.unair.ac.id
Abstract
In order to investigate the State's duty to provide fundamental rights in a state of exigency, this
research aims to assess how the State implements human rights standards on disaster
management and response in Indonesia. This study examines whether human rights standards
have been included in Indonesian disaster management laws and regulations, as well as how these
standards have been applied in the wake of the September 28, 2018, Palu tragedy. The inquiry
was carried out through field research utilizing a standard questionnaire based on human rights
implementation criteria, in compliance with the 2014 Core Humanitarian Standard on Quality
and Accountability (CHS). A focus group discussion amongst stakeholders was held before the
field research to get more detailed and impartial information between government actors and the
disaster victims. Human rights standards are not being applied to disaster management in Palu,
as evidenced by reports of victims being treated unfairly and inadequately supplied with
necessities. According to the research findings, there is a conflict between the state authority's
propensity to apply positive-legalistic regulation of disaster management and the regulation's lax
protection of human rights.
Keywords: human rights, disaster risk reducuction, Palu disaster, Environment

I. INTRODUCTION
From a geographical perspective, Indonesia is an archipelagic nation situated at the
meeting point of four tectonic plates: the Pacific, Indian, Asian, and Australian plates.1 A
volcanic belt, or volcanic arc, stretches from the islands of Sumatra, Java, Nusa Tenggara,
1

Robert McCaffrey, “The tectonic framework of the Sumatran subduction zone” (2009) 37 Annual
Review of Earth and Planetary Sciences 345–366.

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and Sulawesi in the southern and eastern regions of Indonesia. The lowlands and ancient
volcanic mountains on either side of the arc are primarily covered with wetlands.2
Disasters including earthquakes, tsunamis, floods, landslides, and volcanic eruptions are
possible and frequently occur in Indonesia. According to data, Indonesia has one of the
highest rates of seismic activity worldwide.3 One of the nations with the fewest natural
disasters worldwide is Indonesia.4 Given its location and the fact that Indonesia is the
world's largest archipelagic nation,5 it is at risk of hazards ranging from floods,6 landslides,7
and earthquakes to volcanic eruptions,8 tsunamis,9 tropical storms,10 and forest fires.11 Out
of 172 countries most vulnerable to natural disasters, Indonesia is ranked 36th with a
risk rating of 10.36 in the 2018 World Risk Report.12 Indonesia's position within the Ring
of Fire13 and at the boundary of three tectonic plates14 makes it more vulnerable. The
community of Palu was destroyed by the afternoon disaster on September 28, 2018,

2
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4

5
6
7

8

9

10
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12
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14

Bevaola Kusumasari, “Natural hazards governance in Indonesia” in Oxford Research Encyclopedia of
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and Earth System Sciences 2235–2251.
Riyanti Djalante et al, Disaster Risk Reduction in Indonesia: Progress, Challenges, and Issues , by Rajib
Shaw Riyanti Djalante, Matthias Garschagen, Frank Thomalla (Springer International Publishing,
2017); Riyanti Djalante & Matthias Garschagen, “A Review of Disaster Trend and Disaster Risk
Governance in Indonesia: 1900–2015” in Disaster Risk Reduction in Indonesia (2017) 21.
E Djunarsjah & A P Putra, “The concept of an archipelagic Province in Indonesia” (2021) 777:1 IOP
Conference Series: Earth and Environmental Science 12040.
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Available Spatial Data: Exemplified by Earthquakes and Volcanic Eruptions in Indonesia” (2021) 12
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extreme rainfall event” (2018) 229 MATEC Web of Conferences 2007.
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Lesson from Canada” (2021) Jurnal Wilayah dan Lingkungan; Vol 9, No 3 (2021): December 2021DO
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Risk: Earthquake, Tsunami, And Floods The Most Vulnerable”, VOI (6 December 2021).
Tiodora Siagian et al, “Social vulnerability to natural hazards in Indonesia: Driving factors and policy
implications” (2014) 70 Natural Hazards.
Yehuda Bock et al, “Crustal motion in Indonesia from Global Positioning System measurements”
(2003) 108 Journal of Geophysical Research.

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which prevented them from going back to their normal lives until they recovered.15 On
September 28, 2018, an earthquake with a magnitude of 7.4 struck Central Sulawesi,
followed by a tsunami16 and liquefaction, resulting in material damages as high as Rp
18.48 trillion, in addition to 4,340 fatalities.17 Many people in Palu suffered losses,
damage, and the loss of items that led to their displacement and homelessness as a result
of this natural disaster. Homes and public infrastructure were also destroyed.18 Disasters
are a serious threat to people's safety and dignity as well as the ability of communities and
society to survive.19 Most of the time, the devastation brought forth by disasters leads to
grave violations of every human right.20 among those most at risk are the rights to life,
private and family life, and property. Human rights organizations have thus had to deal
with claims of violations brought about by state inaction in the days leading up to and
following a catastrophic incident.21 The State must uphold, defend, and prosper its
citizens.22 The State is legally obligated to uphold people's rights to safety and welfare as
part of that legal relationship.23 Human rights law expands on the rights that citizens have
when suing their government, which reinforces this idea.24 Therefore, a human rightsbased strategy focuses on giving people the knowledge and confidence to assert their
rights, as well as enhancing the competency and accountability of those in charge of
upholding, defending, and executing those rights.25

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23
24

25

Syamsidik Syamsidik et al, “Post-tsunami survey of the 28 September 2018 tsunami near Palu Bay in
Central Sulawesi, Indonesia: Impacts and challenges to coastal communities” (2019) 38 International
Journal of Disaster Risk Reduction 101229.
Danny Natawidjaja et al, “The 2018 Mw7.5 Palu ‘supershear’ earthquake ruptures geological fault’s
multi-segment separated by large bends: Results from integrating field measurements, LiDAR, swath
bathymetry, and seismic-reflection data” (2020) 224 Geophysical Journal International.
Katsuichiro Goda et al, “Cascading Geological Hazards and Risks of the 2018 Sulawesi Indonesia
Earthquake and Sensitivity Analysis of Tsunami Inundation Simulations” (2019) 7:February Frontiers
in Earth Science 1–16.
BNPB, “Loss and Damage of Disaster in Central Sulawesi Reach 13,82 Trillion Rupiah”, BNPB News
(22 October 2018).
Emanuele Sommario & Silvia Venier, “Human Rights Law and Disaster Risk Reduction” (2018)
49:November 2017 Questions of International Law 29–47.
Elizabeth Ferris, “Natural Disasters, Human Rights, and the Role of National Human Rights
Institutions”, Brookings (25 October 2008).
Sommario & Venier, supra note 20.
Sefriani, “The Implementation Of The First Pillar Of Responsibility To Protect In Indonesia: Critical
Analysis Of Law On Social Conflict Management” (2020) 27:1 Jurnal Hukum Ius Quia Iustum 1–22.
Martitah, “the Fulfillment of the Right of Welfare for Women Workers in Indonesian” (2017) 12:4
International Journal of Business, Economics and Law 51–57.
Morten Broberg & Hans-Otto Sano, “Strengths and weaknesses in a human rights-based approach to
international development – an analysis of a rights-based approach to development assistance based
on practical experiences” (2018) 22:5 The International Journal of Human Rights 664–680.
Andrea Cornwall & Celestine Nyamu-Musembi, “Putting the “Rights-Based Approach” to
Development into Perspective” (2004) 25:8 Third World Quarterly 1415–1437.

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Laws and regulations are typically the first things that governments consider when a
significant disaster strikes with a large number of victims in need of aid.26 Laws and
regulations are frequently regarded as issues pertaining to the efficacy of disaster
management.27 Contributions and responses that lack handling care are frequently
disorganized, unsuitable, and wasteful. Disaster victims consequently do not get prompt,
focused, and useful support.28 One example would be the disaster management of the
situation in Palu, Central Sulawesi. Almost a month after the disaster, on October 25,
2018, the Coordinating Minister for Political, Legal, and Security Affairs announced that
while a lot of aid supplies were still being piled up at Halim Perdana Kusuma Airport in
Jakarta, Sepinggan Airport in Balikpapan, and Mutiara Airport in Palu, many disaster
victims were still in need of proper assistance.29 When managing the risk of disasters,
international human rights norms should be taken into account.30 Those involved in
disaster management become more accountable and empowered when they adopt a
human rights-based strategy. The International Covenant on Civil and Political Rights
(ICCPR) must be upheld to guarantee that victims' and beneficiaries' basic needs will be
satisfied in a framework based on rights, thereby reducing the vulnerability of affected
populations and special groups, facilitating the return to normalcy, and enhancing risk
reduction.31 The ICCPR seeks to uphold the fundamental human rights principles found
in the Universal Declaration of Human Rights (UDHR) within the civil and political
spheres so that they can be enforced by law.32 It also elaborates on these principles by
addressing other relevant issues. The Covenant comprises the preamble and 53 articles,
organized into six parts.
The right to protection and disaster relief are not specifically addressed by
international human rights law,33 however, this goal is suggested. Article 3 of the UDHR
26

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31

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33

M Murat Civaner, Kevser Vatansever & Kayihan Pala, “Ethical problems in an era where disasters have
become a part of daily life: A qualitative study of healthcare workers in Turkey.” (2017) 12:3 PloS one
e0174162.
Jusman Iskandar, Ummu Salamah & Nonah Patonah, “Policy Implementation in Realizing the
Effectiveness of Disaster Management” (2018) 7 International Journal of Engineering & Technology
548.
Dina Sunyowati et al, “Can Big Data Achieve Environmental Justice?” (2022) 19:3 Indonesian Journal
of International Law 6.
POLHUKAM, “18 Negara Tawarkan Bantuan ke Indonesia” (2018), online: POLHUKAM.
Aktieva Tri Tjitrawati et al, “The Palu Disaster and Indonesia’s Obligation to Ensure the Right of
Adequate Housing and Land Rights: Mission Accomplished?” in The Asian Yearbook of Human
Rights and Humanitarian Law (Brill | Nijhoff, 2024) 311.
Paulina Pospieszna & Karen da Costa, “The Relationship between Human Rights and Disaster Risk
Reduction Revisited: Bringing the Legal Perspective into the Discussion” (2015) 6 Journal of
International Humanitarian Legal Studies 64–86.
R Y Ramadani, A T Tjitrawati & M K Romadhona, “Humanitarian commitment: Indonesia’s policy
on refugees’ rights to health” (2024) 12:s2 Healthcare in Low-Resource Settings Export Date: 21 March
2025; Cited By: 0.
Hilda Maulida, “The Implementation of Disaster Management and Legal Protection for Disaster
Relief Volunteers (Case of Central Java Province, Indonesia)” (2020) 1:3 Journal of Law and Legal
Reform 415–424.

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states that everyone has the right to life, liberty, and personal security.34 Furthermore,
Article 25 states that everyone has the right to a standard of living that is sufficient for
their own and their families' health and well-being, including food, clothing, housing,
medical care, and essential social services.35 They also have the right to security if they
are unable to work due to illness, disability, old age, widowhood, or other uncontrollable
circumstances.36 How to apply these rights in an operational setting is a difficult problem.37
This article will examine the subject of human rights and natural disaster mitigation under
Indonesian national legislation, emphasizing the pressing need to incorporate human
rights considerations into disaster management and mitigation. The handling and
prevention of disasters require international cooperation since disasters and the pain they
cause do not respect the authority of the State. The UN Office for Disaster Risk
Reduction (UNDRR), previously known as UNISDR, is in charge of handling this within
the framework of the UN. They are a UN body with the authority to "serve as the focal
point in the United Nations system for the coordination of disaster reduction and to
ensure synergies among the disaster reduction activities of the United Nations system
and regional organizations and activities in socio-economic and humanitarian fields".38
The field of international disaster management has evolved and improved through:
1. Yokohama Strategy and Plan of Action for a Safer World (1994), which established
principles for preventing, preparing for, and mitigating natural disasters;
2. International Strategy for Disaster Reduction (ISDR) is the Hyogo Framework for
Action 2005-2015;
3. Yogyakarta Declaration on Disaster Risk Reduction in Asia and the Pacific (2012),
one of the regional documents developed, among other things;
4. Third United Nations World Conference on Disaster Risk Reduction, held in
Sendai, Japan, on March 18, 2015, which established the Sendai Framework for
Disaster Risk Reduction 2015–2030).

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35

36
37
38

United Nations, Universal Declaration of Human Rights.
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Law, and Biological Consequences” (2025) 6:1 Journal of Law and Legal Reform 357–390 Export
Date: 21 March 2025; Cited By: 0.
United Nations, The Universal Declaration of Human Rights.
Terje Aven, “Risk assessment and risk management: Review of recent advances on their foundation”
(2016) 253:1 European Journal of Operational Research 1–13.
B S A Subagyono et al, “Regulatory Framework on Ocean Threats –Transportation Law Analysis to
Multiple Oil-Spill Cases in Indonesia” (2024) 13:2 Transactions on Maritime Science Export Date: 21
March 2025; Cited By: 0.

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II. METHODOLOGY

Figure 1. Research Design of Human Rights Approach on Disaster Management
Data gathered following the multi-disaster (earthquake, tsunami, and liquefaction) that
struck Palu, Central Sulawesi, Indonesia on September 28, 2018 was used to produce
this article. Researchers employed an analytical design. Primary sources (field
observations, focus group discussions) and secondary sources (published writings, books,
reports) were used to gather qualitative data. Researchers analyzed the data using
descriptive and analytical methods.

III. HUMAN RIGHTS IMPLICATIONS IN DISASTER MANAGEMENT
The failure to provide for the community's basic needs and fundamental rights, including
the rights to economic security, education, clean water, food, clothing, shelter, health
care, etc.39 When catastrophe victims' homes are destroyed, new human rights issues are
frequently brought forward40 such as forced departure, forced return, unequal access to
transitional housing, or payment that violates the victim's property rights.41 Natural
disasters can also result in horizontal disputes between affected communities and other

39

40

41

Gautam Kumar Chaudhary & Rohit Kalia, “Development curriculum and teaching models of
curriculum design for teaching institutes” (2015) 1(4):4 International Journal of Physical Education,
Sports and Health 57–59.
Michael Méndez, Genevieve Flores-Haro & Lucas Zucker, “The (in)visible victims of disaster:
Understanding the vulnerability of undocumented Latino/a and indigenous immigrants.” (2020) 116
Geoforum; journal of physical, human, and regional geosciences 50–62.
Yi Hu et al, “Uneven compensation and relocation for displaced residents: The case of Nanjing” (2015)
47 Habitat International.

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communities that are not affected by the disaster42 or vertical disputes between the
government and those affected by disasters. Citizens who have been victims of disasters
have filed many legal cases alleging state negligence.43 People's survival instincts might
lead to conflict over the few resources available when food and water become scarce.44
Another issue that may arise is the damage caused to victims' dwellings.45 Following the
occurrence of natural disasters, victims are typically subjected to the process of house
evacuation, which may subsequently lead to the occurrence of additional human rights
violations. These violations encompass forced relocation, forced repatriation, disparities
in access to temporary accommodation, as well as inequitable compensation for property
losses suffered by the affected individuals. Under certain circumstances, governmental
entities may encounter difficulties in effectively carrying out their responsibilities to
safeguard the well-being of their citizens. The challenges in accessing disaster-stricken
areas stem from severe impairment of the infrastructure and the consequent breakdown
in communication channels.46 This circumstance necessitates that the individuals affected
must rely solely on their own resources for survival. The state machinery has the potential
to reach critical levels of dysfunction, as their ability to effectively carry out their functions
is frequently hindered by resource deficiencies. The considerable magnitude of
individuals affected and the limited availability of resources can pose challenges in the
equitable allocation of assistance by organizations. Furthermore, the inherent need for
self-preservation and the psychological strain experienced by those affected by calamities
may incite competition for governmental resources, hence necessitating increased efforts
from state entities to uphold societal harmony during their provision. The adverse impact
of natural catastrophes on vital ecosystems can potentially jeopardize the fundamental
rights of individuals affected by such catastrophes.47 Victims frequently require essential
provisions such as potable water, sustenance, medical supplies, and equitable access to
humanitarian assistance.48 Natural catastrophes have been found to exacerbate existing

42
43
44
45
46

47
48

Elizabeth Ferris, A YEAR OF LIVING DANGEROUSLY: A REVIEW OF NATURAL
DISASTERS IN 2010 (The Brookings Institution, 2013).
Kristian Lauta, “Human Rights and Natural Disasters submit” in Research handbook on disasters and
international law (2016) 91.
Raj Patel, “Food sovereignty” (2009) 36:3 The Journal of Peasant Studies 663–706.
Teguh Dartanto, “Natural disasters, mitigation and household welfare in Indonesia: Evidence from a
large-scale longitudinal survey” (2022) 10:1 Cogent Economics & Finance 2037250.
Zayan EL Khaled & Hamid Mcheick, “Case studies of communications systems during harsh
environments: A review of approaches, weaknesses, and limitations to improve quality of service”
(2019) 15:2 International Journal of Distributed Sensor Networks 1550147719829960.
Disaster Prevention and Preparedness, by Lelisa Sena, 663-A-00-00-0358–00. (2006).
Samira Sadat Pourhosseini, Ali Ardalan & Mohammad Hossien Mehrolhassani, “Key Aspects of
Providing Healthcare Services in Disaster Response Stage.” (2015) 44:1 Iranian journal of public health
111–118.

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disparities within society, hence amplifying the adverse impacts experienced by affected
individuals.49
Moreover, a significant proportion of individuals experience internal displacement
as a consequence of volcanic eruptions,50 tsunamis,51 floods,52 droughts,53 landslides,54 or
earthquakes that destroy homes,55 and shelters,56 forcing affected residents to leave.57
Empirical evidence demonstrates that when a given phenomenon persists, the potential
for human rights violations escalates. Over time, there is a tendency for discrimination
and infringements of economic, social, and cultural rights to assume a more systematic
nature.58 Human rights breaches that occur in the aftermath of disasters are typically not
premeditated or orchestrated but rather stem from inadequate policies, negligence, or
insufficient oversight on the part of local governments.59 The lack of resources and
capacity to effectively plan for and respond to the repercussions of catastrophes amplifies
the likelihood of encountering such violations. For instance, the disruption or
impairment of sanitation systems following a disaster impacts the safeguarding of human
rights.60 The lack of proper sanitation in the aftermath of a disaster gives rise to health
issues stemming from the contamination of water sources used for drinking and bathing.
It is noteworthy that marginalized populations are particularly susceptible to falling victim

49

50
51

52
53

54
55

56
57
58
59
60

Danielle Zoe Rivera, Bradleigh Jenkins & Rebecca Randolph, “Procedural Vulnerability and Its Effects
on Equitable Post-Disaster Recovery in Low-Income Communities” (2022) 88:2 Journal of the
American Planning Association 220–231.
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Indonesia” (2013) 4 Health Science Journal of Indonesia.
Clark Gray et al, “Studying Displacement After a Disaster Using Large Scale Survey Methods: Sumatra
After the 2004 Tsunami.” (2014) 104:3 Annals of the Association of American Geographers
Association of American Geographers 594–612.
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Environmental Research Letters.
Kristina Lindvall et al, “Health Status and Health Care Needs of Drought-Related Migrants in the
Horn of Africa—A Qualitative Investigation” (2020) 17 International Journal of Environmental
Research and Public Health 5917.
Kate Burrows et al, “Mental wellbeing following landslides and residential displacement in Indonesia”
(2021) 1 SSM - Mental Health 100016.
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mortality in post-earthquake Haiti: A difference-in-differences analysis” (2016) 15 International Journal
for Equity in Health.
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(2022) 7:1 Journal of International Humanitarian Action 18.
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(2021) 4 Journal of Migration and Health 100071.
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Economic, Social and Cultural Rights” (1996) 18 Human Rights Quarterly 23–66.
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violations in disasters – Insights from Sierra Leone” (2022) 21:1 Journal of Human Rights 1–17.
Marie Aronsson-Storrier, “Sanitation, human rights and disaster management” (2017) 26 Disaster
Prevention and Management: An International Journal 0.

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to these adverse circumstances.61 Diseases resulting from inadequate sanitation include
diarrhea,62 cholera,63 worm infestation,64 schistosomiasis,65 trachoma,66 and polio,67 The
emergence of new challenges have posed additional obstacles in safeguarding human
rights, particularly the infringement against the rights to education and development. This
predicament is mostly attributed to the declining accessibility of these rights for
marginalized individuals.68
Disaster-affected communities possess the capacity to confront and mitigate diverse
forms of discrimination69 based on race,70 colour,71 sex,72 language,73 religion,74 political or
another opinion,75 national or social origin, property, birth,76 age,77 disability, or other

61
62

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64

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71
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Praneet Singavarapu & Emmanuel Murray, Impact of Inadequate Sanitation on the Marginalised
(2013).
Elizabeth Omoladun Oloruntoba, Taiwo Bukola Folarin & Adejumoke Idowu Ayede, “Hygiene and
sanitation risk factors of diarrhoeal disease among under-five children in Ibadan, Nigeria.” (2014) 14:4
African health sciences 1001–1011.
Dawn L Taylor et al, “The Impact of Water, Sanitation and Hygiene Interventions to Control Cholera:
A Systematic Review.” (2015) 10:8 PloS one e0135676.
Muhammad Riaz et al, “Prevalence, risk factors, challenges, and the currently available diagnostic tools
for the determination of helminths infections in human” (2020) 18 European Journal of Inflammation
2058739220959915.
Jack E T Grimes et al, “The Relationship between Water, Sanitation and Schistosomiasis: A Systematic
Review and Meta-analysis” (2014) 8:12 PLOS Neglected Tropical Diseases e3296.
Meredith E Stocks et al, “Effect of water, sanitation, and hygiene on the prevention of trachoma: a
systematic review and meta-analysis.” (2014) 11:2 PLoS medicine e1001605.
Gemma Lien & David L Heymann, “The problems with polio: toward eradication.” (2013) 2:2
Infectious diseases and therapy 167–174.
Aronsson-Storrier, supra note 61.
Tatiana M Davidson et al, “Disaster impact across cultural groups: comparison of Whites, African
Americans, and Latinos.” (2013) 52:1–2 American journal of community psychology 97–105.
Ophra Leyser-Whalen, Mahbubur Rahman & Abbey B Berenson, “Natural and social disasters: racial
inequality in access to contraceptives after Hurricane Ike.” (2011) 20:12 Journal of women’s health
(2002) 1861–1866.
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51 International Journal of Disaster Risk Reduction 101931.
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Catastrophic Events on the Gender Gap in Life Expectancy, 1981–2002” (2007) 97:3 Annals of the
Association of American Geographers 551–566.
Shinya Uekusa, “Disaster linguicism: Linguistic minorities in disasters” (2019) 43 Language in Society
353–375.
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study of 2009 earthquake in Padang city, Indonesia” (2017) 27 Disaster Prevention and Management:
An International Journal.
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adapt: a social capital perspective” in Social Capital: Theory, Measurement and Outcomes (2013).
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Promoting Resilience :An Introduction” (2008) 18:1 Children, Youth and Environments 1–29.

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essential statuses.78 Discrimination encompasses both policies and acts that exhibit
discriminating behavior.79 In the wake of calamitous events, instances of inequity and
prejudice frequently manifest among individuals directly impacted by the disasters and
those who are not directly affected, as well as among different factions within the affected
population.80 The practice of selectively providing assistance to specific religious factions
and employing help as a means to incentivize individuals to choose a particular faith
frequently occurs in the aftermath of a calamitous event.81 The matter of discrimination
poses a significant and intricate barrier within the realm of disaster relief efforts.82
Individuals are internally relocated as a result of natural or man-made disasters.83
Women, girls, and other marginalized groups, including those with disabilities or
HIV/AIDS, single parents, parents lacking familial assistance, and individuals belonging
to ethnic minorities or indigenous communities, are susceptible to experiencing this
disruption. In instances of exceptional and unmanageable circumstances following a
catastrophic event, the State frequently encounters challenges in effectively implementing
protective measures for its populace.84 Disaster survivors may face heightened
vulnerability to experiencing cruel treatment, which may originate from both state
authorities and fellow survivors. This mistreatment encompasses several forms of genderbased violence, including but not limited to crimes of a gender-specific nature, indecent
assault, and domestic abuse. Women are susceptible to victimization in situations
characterized by disorder and instability.85 This includes instances wherein individuals
are compelled to engage in conflict and competition to secure essential relief supplies for
the sustenance and survival of their families. In this scenario, disorderly factions exploit
the circumstances to further their interests through acts of looting and robbery.86
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Julie King et al, “Barriers to disability-inclusive disaster management in the Solomon Islands:
Perspectives of people with disability” (2019) 34 International Journal of Disaster Risk Reduction 459–
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terrorism: Altruistic, overwhelmed, uncertain, antagonistic, and patriotic communities” (2004) 3
Bioterrorism: Psychological and Public Health Interventions.
Joshua Whittaker, Blythe McLennan & John Handmer, “A review of informal volunteerism in
emergencies and disasters: Definition, opportunities and challenges” (2015) 13 International Journal
of Disaster Risk Reduction 358–368.
Suresh Bada Math et al, “Disaster Management: Mental Health Perspective.” (2015) 37:3 Indian
journal of psychological medicine 261–271.
Sebastián Albuja & Isabel Cavelier Adarve, “Protecting People Displaced by Disasters in the Context
of Climate Change: Challenges from a Mixed Conflict/Disaster Context” (2011) 24:2 Tulane
Environmental Law Journal 239–252.
Nikunj Makwana, “Disaster and its impact on mental health: A narrative review.” (2019) 8:10 Journal
of family medicine and primary care 3090–3095.
David R Langford, “Social Chaos and Danger as Context of Battered Women’s Lives” (1998) 4:2
Journal of Family Nursing 167–181.
Elaine Enarson & Lourdes Meyreles, “International Perspectives on Gender and Disaster: Differences
and Possibilities” (2004) 24 International Journal of Sociology and Social Policy 49–93.

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91

The displacement of catastrophe victims from their original locations of residence
is frequently necessitated by the destruction of their homes and the enduring presence
of hazards that continue to pose effects. Individuals are required to seek alternative
accommodations, either within the vicinity of their current location, inside the national
borders, or potentially relocate to a different country. The act of inhabitants in a new
location or the government declining to accept individuals poses a potential infringement
upon the fundamental rights of freedom of movement and the ability to select one's place
of abode. Frequently, calamities have the propensity to dismantle the fundamental pillars
of ordinary family life or precipitate the disintegration of family units.87 Children may
experience the unfortunate circumstance of parental or caregiver loss, resulting in the
displacement from their previous environment.88 This scenario has the potential to be
exploited by those who are not accountable for capitalizing on their lack of power for
economic gain, such as engaging in child labor, employing child soldiers, facilitating
sexual exploitation, participating in illicit activities, and perpetrating human trafficking.
Therefore, following a catastrophic event with substantial ramifications, the government
must establish a disaster mitigation framework aimed at safeguarding children from
unscrupulous individuals seeking to exploit them.
There is a possibility that individuals, as well as non-governmental organizations
(NGOs) involved in assisting, may perpetrate human rights violations against victims of
disasters. The lack of effective coordination and oversight by the State during
emergencies results in their activities deviating from the established norms of disaster
management by human rights principles. An instance of discriminatory behavior that
runs counter to human principles is the selective allocation of aid by specific religious
organizations, which neglect to assist those belonging to different religious affiliations.
Other disasters were successfully averted, thanks to the proactive measures taken by both
the government and other institutions. Various stakeholders, both domestic and foreign,
have a keen interest in safeguarding pertinent human rights from the very beginning. A
study conducted by the Representative of the Secretary General of the United Nations
(RSG) on the human rights of refugees determined that the recognition of the significance
of human rights principles in the context of natural catastrophes is not limited solely to
the national level. There remains a lack of clarity among international organizations and
NGOs on the effective integration of a human rights-based strategy into emergency relief
and response efforts. Despite the existence of numerous laws and codes of conduct that
encompass these protections in the context of natural disasters, the precise
implementation of such principles continues to pose challenges. The legal foundation of
all humanitarian efforts for natural disasters should be grounded in the principles of
human rights. There is no other legal structure to oversee such efforts, especially in areas
87

Protecting People Crossing Borders in the Context of Climate Change Normative Gaps and Possible
Approaches, by Walter Kälin and Nina Schrepfer, in LEGAL AND PROTECTION POLICY
RESEARCH SERIES (Geneva, 2012).

88

Kimberly Howard et al, “Early mother-child separation, parenting, and child well-being in Early Head
Start families.” (2011) 13:1 Attachment & human development 5–26.

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92

where there is no armed conflict. Assuming that the provision of humanitarian aid is not
grounded in a framework that upholds and protects human rights, in such circumstances,
there exists potential for an excessively limited scope, wherein the comprehensive
planning process fails to incorporate the fundamental needs of the affected individuals.
The incorporation of risk elements is crucial for the formulation of catastrophe recovery
and reconstruction strategies.
Neglecting the human rights of individuals impacted by natural disasters entails
depriving them of the protection afforded by legal frameworks. Nevertheless, individuals
residing in these nations benefit from legal frameworks, regulations, and established
organizations that bear the responsibility of safeguarding their rights. The incorporation
of international human rights concepts is crucial in shaping disaster risk management
strategies across all stages, including pre-disaster mitigation and preparedness, emergency
relief and rehabilitation, as well as post-disaster reconstruction endeavors. It is imperative
to ensure the protection of individuals who are vulnerable to acts of violence and theft.
It is imperative to ensure that individuals who have been displaced receive adequate
protection and aid, enabling them to securely and dignifiedly return to their land and
property. If individuals possess the ability to be self-reliant or reside in alternative
locations, it is imperative to support them to facilitate their integration into local
communities within the respective region or country.

IV. LEGAL FOUNDATION AND INTERNATIONAL REGULATORY
FRAMEWORK ON DISASTER MANAGEMENT
Table 1. Legal Foundation on Disaster Management
Legal
Foundation

Universal
Declaration of
Human Rights
(UDHR)

International
Covenant on
Civil and
Political Rights

Year

1948

1966

Institution/
Organization

UN

UN

Key Points

Article

1. Right to life,
security, and
dignity
2. Ensure nondiscrimination in
disaster response
and recovery
efforts
1. Right to life
2. Right to access
information

1. Article 6: Protect
the right to life,
which imposes a
duty on
governments to

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(ICCPR)

International
Covenant on
Economic,
Social and
Cultural Rights
(ICESCR)

Sendai
Framework for
Disaster Risk
Reduction

93

mitigate disaster
risks and provide
emergency
assistance
2. Article 19: Ensure
the right to access
information,
crucial for disaster
preparedness and
response

1966

2015

UN

Right to adequate
housing, health, food,
and water

UN

Emphasizes a human
rights-based approach
to disaster risk
reduction, urging
governments to
prioritize vulnerable
populations and ensure
resilience-building
efforts

The Universal Declaration of Human Rights (UDHR) is a pivotal text that delineates the
fundamental rights of all individuals, particularly in times of emergency such as
catastrophes.89 It is essential in disaster response to guarantee that all persons, without
discrimination, get protection, aid, and recovery support. The UDHR encompasses five
principles:90 the right to life and protection (Articles 3 & 5),91 the right to an adequate
standard of living (Article 25),92 the right to information and participation (Articles 19 &
89
90

91
92

Victoria Sutton, “Emergencies, disasters, conflicts, and human rights” (2013) Advancing the human
right to health 379–388.
Robin Ramcharan & Bertrand Ramcharan, “Crafting Universal Values: The UDHR Model, Context,
and Process” in Robin Ramcharan & Bertrand Ramcharan, eds, Asia and the Drafting of the Universal
Declaration of Human Rights (Singapore: Springer Singapore, 2019) 23.
Elizabeth Wicks, “The Meaning of ‘Life’: Dignity and the Right to Life in International Human Rights
Treaties” (2012) 12:2 Human Rights Law Review 199–219.
Jessie Hohmann, “Article 25.1–The Right to an Adequate Standard of Living: The Right to Housing”
in The Universal Declaration of Human Rights (Brill Nijhoff, 2023) 588.

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21),93 the right to non-discrimination and safeguarding of vulnerable groups (Articles 2 &
7),94 and the right to equal protection under the law (Article 7).95 Article 3 asserts that all
individuals possess the right to life, liberty, and security.96 In disaster response,
governments and humanitarian organizations must guarantee prompt and efficient
rescue operations to save lives.97 Article 5 forbids torture or harsh treatment, which is
pertinent to delivering assistance while upholding human dignity, particularly for
migrants and marginalized populations. Article 25 asserts that every individual is entitled
to a sufficient standard of life conducive to their health and well-being, including
sustenance, clothing, shelter, and healthcare.98 In crisis scenarios, humanitarian aid must
fulfill these fundamental requirements to avert starvation, sickness, and further misery.
The International Covenant on Civil and Political Rights (ICCPR) delineates the
basic right to life, asserting that governments are obligated to safeguard lives against
avoidable damage.99 This includes catastrophe risk mitigation, early warning mechanisms,
and emergency response strategies.100 Inadequate disaster response, evacuation, or
medical assistance may infringe against the right to life.101 Disaster response initiatives
must be equal and impartial, delivering aid based on need without prejudice. 102 In disaster
relief efforts, marginalized groups, including immigrants, indigenous communities, and
those with disabilities, must not be overlooked.103 Access to information and freedom of
93

David Kaye & Azin Tadjdini, “Article 19–The Right to Freedom of Opinion and Expression” in The
Universal Declaration of Human Rights (Brill Nijhoff, 2023) 445; Maeve McDonagh, “The right to
information in international human rights law” (2013) 13:1 Human Rights Law Review 25–55.
94
Samantha Besson & Eleonor Kleber, Article 2: The right to non-discrimination (Oxford University
Press, 2019); Mary Crock, “The protection of vulnerable groups” in Research handbook on disasters
and international law (Edward Elgar Publishing, 2016) 383.
95
Dorothy Estrada-Tanck, “Article 7–Equality before the Law and Equal Protection of the Law” in The
Universal Declaration of Human Rights (Brill Nijhoff, 2023) 152.
96
Danielle Anne Pamplona, “Article 3–The Right to Life, Liberty and Security” in The Universal
Declaration of Human Rights (Brill Nijhoff, 2023) 56.
97
Yves Beigbeder, The role and status of international humanitarian volunteers and organizations: The
right and duty to humanitarian assistance, 12 (Brill, 2023).
98
Virginia Bras Gomes, “Article 25.3–The Right to an Adequate Standard of Living: The Right to Social
Security” in The Universal Declaration of Human Rights (Brill Nijhoff, 2023) 646.
99
Yena Jang, International Legal Framework for Disaster Management Seoul National University, 2024);
Ingrid Nifosi-Sutton, “Contour of Disaster Victims’ Rights to a Remedy and Reparation Under
International Human Rights Law” (2012) International Disaster Response Law 415–440.
100
Shirin Sultana, “International Human Rights Law (IHRL) in Disaster Risk Reduction (DRR) Planning”
in International Handbook of Disaster Research (Springer, 2023) 1909.
101
Jean Connolly Carmalt & Claudine Haenni Dale, “Human rights and disaster” in Handbook of
Hazards and Disaster Risk Reduction (Routledge, 2012) 61.
102
Liza Ireni Saban, Disaster emergency management: the emergence of professional help services for
victims of natural disasters (SUNY Press, 2014).
103
Kalindu Mendis et al, “Challenges faced by marginalized communities in a post-disaster context: a
systematic review of the literature” (2023) 15:14 Sustainability 10754; Mariangela Bizzarri, “Protection
of vulnerable groups in natural and man-made disasters” (2012) International disaster response law
381–414.

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95

speech are crucial, necessitating governmental openness in catastrophe management. 104
Limiting information or disseminating falsehoods may infringe upon human rights.
Governments must also facilitate orderly evacuations that uphold human dignity,
safeguard people from looting, violence, or involuntary relocation, and implement
legitimate, necessary, and reasonable emergency movement restrictions. Survivors of
disasters must not endure cruel living circumstances, inadequate medical treatment, or
coerced labor in relief camps or shelters. Governments must guarantee that disaster
response programs uphold human dignity. In critical circumstances, governments may
suspend certain rights under the ICCPR; nevertheless, many rights remain nonderogable even during crises. Temporary limits must be commensurate, warranted, and
limited in duration.

Table 2. Application of ICCPR in Disaster Scenarios

Disaster Scenario

ICCPR Rights Involved

State Responsibility

Earthquake & Tsunami

Right to Life (Art. 6)

Implement disaster risk
reduction measures, provide
evacuation routes and shelters

Hurricane & Flooding

Non-Discrimination
(Art. 2 & 26)

Ensure equal access to aid for
marginalized communities

Pandemic & Health Crisis

Freedom of
Information (Art. 19)

Provide accurate health
information, avoid censorship

Conflict-Induced
Displacement

Right to Security (Art. 9)

Protect refugees and displaced
persons, ensure safety in camps

Nuclear or Industrial Disaster

Freedom from
Inhumane Treatment
(Art. 7)

Prevent hazardous exposure,
provide safe living conditions

The International Covenant on Economic, Social, and Cultural Rights (ICESCR) is
a treaty that obligates nations to safeguard and realize economic, social, and cultural

104

Sharon O’Brien et al, “Language translation during disaster: A comparative analysis of five national
approaches” (2018) 31 International journal of disaster risk reduction 627–636; John Hannigan,
Disasters without borders: The international politics of natural disasters (John Wiley & Sons, 2013);
Stephane Roche, Eliane Propeck-Zimmermann & Boris Mericskay, “GeoWeb and crisis management:
Issues and perspectives of volunteered geographic information” (2013) 78 GeoJournal 21–40.

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96

rights.105 It is essential in disaster management as it safeguards the rights of communities
impacted by disasters. The treaty delineates the rights of individuals to a sufficient
standard of living, health, education, employment, and equitable working conditions. 106
Governments must provide access to sustenance, clothing, and shelter, particularly
during emergencies such as natural disasters.107 They must also provide access to
healthcare services, including illness prevention and medical treatment,108 while ensuring
the availability of medical facilities, healthcare personnel, and vital medications. 109 The
treaty underscores the right to employment and equitable working conditions, mandating
governments to restore livelihoods and support those who have lost their jobs or
income.110 It also underscores the principles of non-discrimination and safeguarding
marginalized groups, including women, children, the elderly, and those with disabilities.
States that have signed the ICESCR are legally obligated to include these rights in their
disaster planning and response strategies. International organizations and NGOs often
use the ICESCR as a legal framework to ensure governmental accountability for
delivering sufficient disaster aid. Governments have to formulate disaster response and
recovery programs that uphold and safeguard economic, social, and cultural rights.
Table 3. International Regulatory Framework on Disaster Management
Regulation
Sendai
Framework for
Disaster Risk
Reduction

105

Year

2015

Institution/
Organization

UN (UNDRR)

Key Points
Focuses on disaster
risk reduction
through
preparedness,
prevention, and

Related

Article

Human Rights

Right to Life and
Security

UDHR, Article 3:
guarantees the
right to life,
liberty, and
security of a

Anthony J Langlois, “International Covenant on Economic, Social and Cultural Rights (ICESCR)” in
Encyclopedia of International Relations and Global Politics (Routledge, Taylor & Francis, 2005) 418.
106
Eberhard Eichenhofer, “Rights and Principles of the Economic, Social and Cultural Order” in Writing
Constitutions: Volume 2: Fundamental Rights, 2nd ed (Springer, 2024) 393.
107
Stephane Hallegatte et al, Unbreakable: building the resilience of the poor in the face of natural
disasters (World Bank Publications, 2016); Sara McLaughlin Mitchell & Elise Pizzi, “Natural disasters,
forced migration, and conflict: The importance of government policy responses” (2021) 23:3
International Studies Review 580–604.
108
Michael J Murray, “Disaster management” in Anesthesia Emergencies (Oxford University Press,
2015).
109
Kristi L Koenig, Hoon Chin Steven Lim & Shin-Han Tsai, “Crisis standard of care: refocusing health
care goals during catastrophic disasters and emergencies” (2011) 3:4 Journal of Experimental & Clinical
Medicine 159–165; Ernest Benjamin et al, “Principles and practice of disaster relief: lessons from
Haiti” (2011) 78:3 Mount Sinai Journal of Medicine: A Journal of Translational and Personalized
Medicine 306–318.
110
Lara Wilkinson, Labour Rights Protection in Post-Conflict and Post-Disaster Recovery: What Role for
International Labour Standards? Lund University, 2018).

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97

recovery.
Hyogo
Framework for
Action (HFA)

Paris
Agreement

International
Health
Regulations
(IHR)

United Nations
Framework
Convention on
Climate Change
(UNFCCC)

Kyoto Protocol

Sendai
Cooperation
Initiative for
Disaster Risk
Reduction

2005

2015

2005

1992

1997

2015

UN (UNDRR)

Provided global
guidelines for
building disaster
resilience, valid
until 2015.

person

Right to Safety and
Development

UDHR, Article
19: rights to
information

Right to a Healthy
Environment

UDHR, Article
25: ensure the
right to standard
of living adequate
for health and
well-being
(including food,
housing, and
medical)

UNFCCC
(UN)

Regulates climate
change mitigation,
which impacts
disaster risks.

WHO

Governs
preparedness and
response to health
emergencies,
including outbreaks
caused by natural
disasters.

Right to Health

UDHR, Article
25; ICESCR,
Article 12:
Response to
epidemics,
pandemics, and
other health
emergencies

UN

Addresses climate
change, which
contributes to
natural disasters,
through greenhouse
gas reduction.

Climate Justice

-

UNFCCC
(UN)

Sets emission
reduction targets for
industrialized
countries to combat
climate change.

Responsibility of
Developed
Nations to Protect
Human Rights

-

Government
of Japan

Japan’s initiative to
support disaster risk
reduction in
developing
countries.

Right to
International
Assistance

UDHR, Article
28: emphasized
international
cooperation for
human right
protection

Aktieva Tri Tjitrawati and Mochamad Kevin Romadhona

ASEAN
Agreement on
Disaster
Management
and Emergency
Response
(AADMER)

2005

ASEAN

A regional
framework for
ASEAN
coordination and
response to natural
disasters in
Southeast Asia.

98

Right to
Humanitarian
Assistance

IHL; UDHR,
Article 14: the
right to seek
asylum and
protection from
disaster and
conflict

The Sendai Framework for Disaster Risk Reduction (2015) is a successor to the
Hyogo Framework for Action (HFA) and focuses on disaster risk reduction (DRR) by
emphasizing preparedness, prevention, and recovery.111 It aims to minimize disaster
losses in terms of human lives, economic impact, and environmental damage. The
framework outlines four key priorities: understanding disaster risk, strengthening disaster
risk governance, investing in disaster risk reduction, and improving disaster preparedness
and building back better. The Hyogo Framework for Action (HFA) was the first global
guideline for disaster risk reduction and laid the foundation for the Sendai Framework. 112
It identified five key priorities: making disaster risk reduction a national and local priority;
identifying, assessing, and monitoring disaster risks while enhancing early warning
systems; building a culture of safety and resilience through education and public
awareness; reducing underlying risk factors; and strengthening disaster preparedness for
an effective response. The Paris Agreement (2015) is an international treaty focused on
climate change mitigation,113 tackling a significant factor in the increasing frequency and
severity of natural disasters.114 It aims to keep the global temperature rise below 2°C,

111

Ben Wisner, “Five years beyond Sendai—can we get beyond frameworks?” (2020) 11 International
Journal of Disaster Risk Science 239–249; Lucy Pearson & Mark Pelling, “The UN Sendai Framework
for Disaster Risk Reduction 2015–2030: Negotiation Process and Prospects for Science and Practice”
(2015) 02:01 Journal of Extreme Events 1571001; Amina Aitsi-Selmi et al, “The Sendai framework
for disaster risk reduction: Renewing the global commitment to people’s resilience, health, and wellbeing” (2015) 6 International journal of disaster risk science 164–176.
112
Hazuki Matsuda & Keiichi Ogawa, “Aid Policies in Disaster Risk Reduction: Japan and the
Development Assistance to Disaster-Prone Developing Countries” in Yijia Jing, Jung-Sun Han &
Keiichi Ogawa, eds, Risk Management in East Asia: Systems and Frontier Issues (Singapore: Springer
Singapore, 2021) 199; Rajib Shaw & Yan Cui, “Disaster Law: An Overview on Its History, Potentials
and Challenges” in Yan Cui & Rajib Shaw, eds, Disaster Law: Implications to Governance and
Implementation (Singapore: Springer Nature Singapore, 2025) 1.
113
ROBERT FALKNER, “The Paris Agreement and the new logic of international climate politics”
(2016) 92:5 International Affairs 1107–1125.
114
Daniel Bodansky, “The Paris Climate Change Agreement: A New Hope?” (2016) 110:2 American
Journal of International Law 288–319; Ilan Kelman, “Linking disaster risk reduction, climate change,
and the sustainable development goals” (2017) 26:3 Disaster Prevention and Management: An
International Journal 254–258; Rosemary Lyster, “Climate justice, adaptation and the Paris
Agreement: a recipe for disasters?” (2017) 26:3 Environmental Politics 438–458.

Re-assessing Human Rights Issues in Palu Disaster Management

99

require countries to submit Nationally Determined Contributions (NDCs), 115 and provide
financial assistance to developing countries for climate change adaptation and disaster
preparedness. The International Health Regulations (IHR) (2005) is an international
legal framework that focuses on preventing and controlling global health emergencies,
including those caused by natural disasters.116 Its main objectives include rapidly detecting
and responding to disease outbreaks, ensuring countries develop public health capacities
to handle health crises and emergencies, and establishing guidelines for border control,
travel, and trade regulations to prevent the spread of infectious diseases during disasters.
The United Nations Framework Convention on Climate Change (UNFCCC) (1992) is
the first international treaty to address climate change as a global issue contributing to
natural disasters.117 Its goals include stabilizing greenhouse gas concentrations, serving as
a platform for global negotiations, and enhancing adaptation and preparedness for
climate-related disasters. The Sendai Cooperation Initiative for Disaster Risk Reduction
(2015) was launched by Japan to assist developing countries in DRR.118 Key aspects
include financial and technical assistance to improve disaster resilience in vulnerable
countries, training and technology transfer to help nations prepare for disasters like
earthquakes and tsunamis,119 support for early warning systems and emergency response

115

Suraj Mal et al, “Introducing Linkages Between Climate Change, Extreme Events, and Disaster Risk
Reduction” in Suraj Mal, R B Singh & Christian Huggel, eds, Climate Change, Extreme Events and
Disaster Risk Reduction: Towards Sustainable Development Goals (Cham: Springer International
Publishing, 2018) 1.
116
Adam Kamradt-Scott, “The International Health Regulations (2005): Strengthening Their Effective
Implementation and Utilisation” (2019) 16:2 International Organizations Law Review 242–271;
Lawrence O Gostin, Mary C DeBartolo & Eric A Friedman, “The International Health Regulations
10 years on: the governing framework for global health security” (2015) 386:10009 The Lancet 2222–
2226; Pratik DIXIT, “Synergising International Public Health Law and International Disaster Law”
(2022) 13:1 European Journal of Risk Regulation 45–55.
117
Jonathan Verschuuren, “Climate change adaptation under the United Nations Framework Convention
on Climate Change and related documents” in Research Handbook on Climate Change Adaptation
Law (Edward Elgar Publishing, 2022) 14.
118
Ranit Chatterjee et al, “Bangkok to Sendai and Beyond: Implications for Disaster Risk Reduction in
Asia” (2015) 6:2 International Journal of Disaster Risk Science 177–188.
119
Elizabeth Maly & Anawat Suppasri, “The Sendai Framework for Disaster Risk Reduction at Five:
Lessons from the 2011 Great East Japan Earthquake and Tsunami” (2020) 11:2 International Journal
of Disaster Risk Science 167–178; Misako Kaji, “Disaster Risk Reduction—Japanese Initiatives in the
World Agenda” (2017) 24:1 Asia-Pacific Review 58–73.

Aktieva Tri Tjitrawati and Mochamad Kevin Romadhona

100

planning in disaster-prone regions.120 The ASEAN Agreement on Disaster Management
and Emergency Response (AADMER) (2005).121

VI. REGULATORY FRAMEWORK ON INDONESIA DISASTER
MANAGEMENT
The Aceh tsunami tragedy that took place in 2004 and the Indonesian government's
involvement in the Hyogo Conference in 2007 served as catalysts for the enactment of
Law No. 24 of 2007, which pertains to the management of disasters. This legislation was
an endeavor to establish a disaster management system characterized by reduced levels
of planning, integration, coordination, and comprehensiveness. Before the
implementation of this legislation, various ministries and institutions held jurisdiction that
did not directly pertain to the application or central responsibilities and activities of the
National Disaster Management Agency (BNPB). During the occurrence of a natural
disaster, challenges arose in terms of coordinating efforts and ensuring clear
implementation and efficacy of disaster management strategies. This legislation can be
regarded as a significant achievement in the realm of disaster management regulation at
the national level in Indonesia. According to Article 3 of Law No. 24 of 2007, the
implementation of disaster management in Indonesia adheres to the following principles:
humanity, justice, equality in law and government, balance, harmony, legal certainty,
togetherness, environmental sustainability, and science and technology.122
The execution of Law No. 24 of 2007 has revealed several deficiencies in the
management of disasters,123 which this study aims to highlight. These include the need
120

Yukihiko Oikawa, “International Cooperation: ESD and DRR in Japan” in Koichi Shiwaku, Aiko
Sakurai & Rajib Shaw, eds, Disaster Resilience of Education Systems: Experiences from Japan (Tokyo:
Springer Japan, 2016) 143; Mami Mizutori, “Reflections on the Sendai Framework for Disaster Risk
Reduction: Five Years Since Its Adoption” (2020) 11:2 International Journal of Disaster Risk Science
147–151; Sálvano Briceño, “Looking Back and Beyond Sendai: 25 Years of International Policy
Experience on Disaster Risk Reduction” (2015) 6:1 International Journal of Disaster Risk Science 1–
7.
121
Gabrielle SIMM, “Disaster Response in Southeast Asia: The ASEAN Agreement on Disaster
Response and Emergency Management” (2018) 8:1 Asian Journal of International Law 116–142;
Mohammad Syaban & Mizan B F Bisri, “The Role of Institutional Vulnerability in the Adoption of
ASEAN Agreement on Disaster Management and Emergency Response (AADMER) at Local Level”
in Andri N R Mardiah, Robert B Olshansky & Mizan B F Bisri, eds, Post-Disaster Governance in
Southeast Asia: Response, Recovery, and Resilient Societies (Singapore: Springer Singapore, 2022)
145; Krishnakali Ghosh, Ranit Chatterjee & Rajib Shaw, “Disaster Management Law and Agreement
in ASEAN” in Yan Cui & Rajib Shaw, eds, Disaster Law: Implications to Governance and
Implementation (Singapore: Springer Nature Singapore, 2025) 37; Angela Pennisi di Floristella,
“Dealing with natural disasters” (2016) 29:2 The Pacific Review 283–305.
122
Qurattu Ayuni & Fitra Arsil, “Acceleration for disasters: Evaluation of the disaster management act in
Indonesia” (2021) 716 IOP Conference Series: Earth and Environmental Science 12034.
123
Simon Butt, “Disaster Management Law in Indonesia: From Response to Preparedness?” in AsiaPacific Disaster Management (2014) 183.

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101

for the implementation of a derivative regulation within the disaster management law, the
suboptimal level of support allocated to disaster management budgets, the sluggishness
of the disaster management process, the delayed response to disaster mitigation and
response efforts, and the inherent weaknesses within the existing disaster management
system. The potential vulnerability identified in this context may be the absence of
derivative regulations related to the disaster management law, which could impact the
effective execution of said law. Several regulatory factors necessitate further consideration
of the feasibility of implementing this law. These factors include: (1) the classification and
severity of disasters, as stipulated in Article 1, Article 7, and Article 57 of Law No. 24 of
2007; and (2) the evaluation of disaster risk and the establishment of minimum service
requirements. There are prompt calls for regulation to ascertain the status and magnitude
of a natural disaster, as the absence of clarity poses hindrances to executing response
efforts.124 The occurrence of the earthquake, tsunami, and liquefaction disasters in Palu
was accompanied by a delayed determination of their designation as a national disaster
by the central government.125 The Governor of Central Sulawesi refrained from promptly
declaring it as a regional disaster.126 The lack of this official status results in a delay in the
execution of relief distribution, recovery initiatives, and the coordination of disaster
management implementation. The Governor of Central Sulawesi established an
emergency response period, commencing on September 30, 2018, two days after the
occurrence of the disaster. This period was officially recognized and remained in effect
until October 11, 2018.127 In this particular undertaking, the BNPB (National Disaster
Management Agency) possesses the jurisdiction to establish an operational unit for
disaster management, as stipulated in Article 11, Subsection B. This unit is responsible
for coordinating, commanding, and executing disaster management measures.128 Law No.
24 primarily pertains to regulating the functions of the National Disaster Management
Agency (BNPB). It includes an implementation article which states that additional
provisions will be established through a Presidential Regulation. These provisions will
address matters such as the formation, functions, duties, organizational structure, and
working procedures of the BNPB.129 Presidential Regulation No. 08 of 2008 pertains to
the establishment and functioning of the National Disaster Management Agency.130 The
existing laws lack comprehensive details regarding the execution of coordination, leading
124

Hajer AL-Dahash, M Thayaparan & Udayangani Kulatunga, Challenges during Disaster Response
Planning Resulting From War Operations and Terrorism in Iraq (Kandy, 2016).
125
Budi Pramono et al, “Management Earthquake and Tsunami Disaster in Palu Indonesia” (2022) Jurnal
Pertahanan & Bela Negara.
126
Ben Mason et al, Geotechnical Reconnaissance: The 28 September 2018 M7.5 Palu-Donggala,
Indonesia Earthquake (2019).
127
Kharishar Kahfi and Ruslan Sangadji, “C. Sulawesi declares 14-day emergency period after earthquake,
tsunami”, The Jakarta Post (30 September 2018).
128
Nancy Brown et al, Indonesia Disaster Response Practices and Roles (2017).
129
Shylvana Adella et al, “Disaster Risk Communication Issues and Challenges: Lessons Learned From
the Disaster Management Agency of Banda Aceh City” (2019) 273 IOP Conference Series: Earth and
Environmental Science 12041.
130
Maulida, supra note 34.

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to a regulatory gap that may result in practical challenges during implementation. First,
the coordination among institutions often encounters obstacles due to bureaucratic issues
and regulatory constraints, particularly in the absence of clear confirmation regarding the
command structure for managing emergency response situations. Second, the significant
role of the Indonesian Army (TNI) in disaster management and its relationship with the
National Disaster Management Agency (BNPB) has not been adequately acknowledged,
despite the TNI's dominant involvement alongside the SAR Agency and other
institutions. Third, the regulation of NGOs and other volunteer institutions has not been
addressed. Lastly, there is currently no regulation in place regarding the reporting and
utilization of donations and assistance coordinated by non-governmental entities.
Consequently, the government faces challenges in monitoring whether the donations
have reached their intended recipients. The lack of accountability in reporting the
reception and allocation of disaster donations to the general public is evident.
The formulation of national disaster management policies in the 2015-2019
RENAS PB (Rencana Nasional Penangulangan Bencana or National Planning for
Disaster Management) is further hindered by weaknesses present in these laws and
regulations.131 The RENAS PB organization provides an analysis of the current disaster
risk situation in Indonesia, along with an examination of the government's strategies to
mitigate these risks. This includes an assessment of various initiatives, priorities, and
targets set from 2015 to 2019.132 The magnitude of disaster risk is observed to escalate in
correlation with the exacerbation of geologic factors, climate change, environmental
degradation, and demographic challenges.133 The RENAS PB 2015-2019 has a pivotal
role in shaping the trajectory of national policies, including the implementations of:134
integrated disaster risk reduction (DRR) endeavors, a robust catastrophe emergency
management system, effective rehabilitation and reconstruction endeavors,
accountability and transparency mechanisms and systems, as well as the management of
public budgeting at both the national and regional levels. The primary objectives of the
2015-2019 RENAS PB plan are:
1. Enhancing the legal framework for disaster management;
2. Integrating disaster management into the broader context of development;

131

Danang Putra & Mihoko Matsuyuki, “Disaster Management Following Decentralization in Indonesia:
Regulation, Institutional Establishment, Planning, and Budgeting” (2019) 14 Journal of Disaster
Research 173–187.
132
Rina Suryani Oktari et al, “Indonesia’s Climate-Related Disasters and Health Adaptation Policy in the
Build-Up to COP26 and Beyond” (2022) 14:2 Sustainability (Switzerland) 1–17.
133
Ilan Kelman, J C Gaillard & Jessica Mercer, “Climate Change’s Role in Disaster Risk Reduction’s
Future: Beyond Vulnerability and Resilience” (2015) 6:1 International Journal of Disaster Risk Science
21–27.
134
I D K K Widana et al, “Knowledge and attitudes of the BNPB leaders towards nuclear disaster threat
in Indonesia: expectation and reality – ICDM 2020” (2021) 708:1 IOP Conference Series: Earth and
Environmental Science 12062.

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3. Augmenting the involvement of several stakeholders in disaster management
initiatives;
4. Enhancing the efficacy of disaster prevention and mitigation efforts;
5. Enhancing disaster emergency preparedness and response;
6. Enhancing the ability of individuals, communities, and organizations to effectively
respond to and recover from disasters;
7. Enhancing governance in the realm of disaster management.
Despite the shift in disaster management policy from a reactive approach to a
proactive one, in line with the principles outlined in the Hyogo Framework of Action
(HFA), there remains a necessity for enhancing effectiveness and making improvements,
particularly through legislation. As mentioned earlier, it is necessary to reassess Law No.
24 of 2007 in light of the present circumstances. Furthermore, there remain numerous
laws and regulations about the execution of disaster management that have not yet been
fully harmonized, as other sectors also bear the responsibility of implementing public
budgeting in accordance to their respective obligations. The regulatory oversight of
disaster management resources and the coordination of intragovernmental contacts
between the central and regional levels are entrusted to the Ministry of Home Affairs
and the Ministry of Finance. The management of disaster emergencies is overseen by
the Ministry of Social Affairs, the Ministry of Health, and the Ministry of Public Works.
Within the context of this legislative matter, there exist pending regulations on many
aspects, namely the determination of disaster status, the conduct of disaster risk
assessments, and the establishment of minimum service requirements.
Furthermore, national disaster management institutions have certain limitations.
The BNPB, also known as the National Disaster Management Agency, is a governmental
organization tasked with the primary responsibility of organizing disaster management
efforts through coordination, command, and implementation. According to Presidential
Decree 8/2008, which pertains to the establishment of BNPB, it is a non-departmental
technical agency that is overseen by a head of ministerial rank. Hence, the coordination
between BNPB and other K/L entities (institutional) poses challenges due to BNPB's
hierarchical structure within the Ministry. The presence of a Regional Disaster
Management Agency (BPBD) is encompassed within the derivative regulatory aspect of
the Disaster Law, which is technical. In the context of budget allocation, the BPBD falls
within the purview of the local government, operating under the direction of the Ministry
of Home Affairs, rather than being directly under the jurisdiction of the BNPB. The
BNPB solely possesses subordinate entities in a technical capacity to the BPBDs. This
circumstance gives rise to a multitude of impediments. One notable observation is the
lack of BPBDs in certain areas or cities. According to Ministry of Home Affairs
Regulation No. 46 of 2008, which pertains to the Organizational Guidelines and Work
Procedures of Regional Disaster Management Agencies, there is no mandatory
requirement for the establishment of a BPBD in a regency or city region. The obligation

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to establish such an agency is only imposed on the provincial government. The BPBDs
face constraints in terms of both the quantity and quality of their human resources, as
well as restricted facilities. Out of the total 403 Badan Penanggulangan Bencana Daerah
(BPBDs) that have been established, a majority lack physical office space, and a majority
do not own an around-the-clock Pusat Pengendalian Operasi (Pusdalops) facility. The
availability of logistics and equipment remains constrained, resulting in their inability to
be promptly and adequately deployed to the desired time and location. Their human
resources exhibit a high degree of flexibility, making them readily transferable.
Furthermore, it is worth noting that municipal politics experiences limited backing from
legislative bodies.
The aforementioned circumstances are further aggravated by the inadequate
legislative framework for disaster management. Enhancing the efficacy of disaster
management implementation necessitates bolstering national dedication through the
harmonization of responsibilities, duties, and functions among the ministries,
institutions, and local governments involved. Ensuring that this commitment is achieved
is done through the reinforcement of the legislative framework. The enhancement of the
legal framework in disaster management also encompasses the development of technical
regulations on several key areas. These areas include the allocation of financial resources
for disaster management at both the central and regional levels, the enhancement of the
national emergency and preparedness system to maximize its efficacy, the establishment
of partnerships, and the implementation of a disaster status. Additionally, the
implementation of an integrated monitoring mechanism across various sectors and
institutions at both the central and local government levels is crucial.
Law No. 24/2007 has several laws that embody fundamental principles
aimed at safeguarding human rights. Law No. 24/2007 also acknowledges the imperative
of safeguarding "vulnerable populations" during emergency interventions. This
demographic comprises individuals within the following categories: infants, toddlers,
children, pregnant or breastfeeding women, individuals with impairments, and the
elderly. The aforementioned requirement is reiterated in Government Regulation No.
21 of 2008, specifically addressing the implementation of disaster management. This
regulation mandates the National Disaster Management Agency (BNPB) to assume the
responsibility of coordinating various agencies and institutions to effectively carry out
protective measures aimed at safeguarding vulnerable populations. Furthermore, the
regulation governing the protection of vulnerable groups is outlined in Regulation of the
Head of BNPB No. 14 of 2014, which specifically addresses the management of persons
with disabilities in disaster situations, encompassing their handling, protection, and
participation. The BNPB has enacted a regulation about the integration of gender
perspectives in the field of disaster management, specifically outlined in the Regulation
of the Head of BNPB No. 13 of 2014, which addresses the topic of gender
mainstreaming in disaster management. Moreover, the Regulation of the Head of BNPB
No. 7 of 2008, which pertains to the Guidelines for the Provision of Assistance to Fulfill
Basic Needs, designates vulnerable groups as the primary recipients of disaster

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emergency aid in the form of necessities. Prioritizing assistance for these vulnerable
groups is considered one of the fundamental principles outlined in this regulation. The
inclusion of gender and disability considerations in disaster management laws by BNPB
demonstrates the integration of a human rights perspective into the national framework
for disaster management. Nevertheless, the limited practical scope of these regulations is
evident due to their classification as a Regulation of the Head of BNPB, which restricts
its applicability just to BNPB organs and excludes its relevance as a guiding document
for external entities.
Table 4. Disaster Management Programs
Priority/Focus
Strengthening the legal
framework for disaster
management

Target

Action plan

Availability of legal
instruments that encourage
the implementation of
effective and independent
disaster management at the
central and regional levels in
a proportional manner

1. Revision of Law Number
24 of 2007 concerning
Disaster Management;
2. Coordination of other
rules that have occurred
with the law of disaster
management;
3. Refinement of disaster
management
technical
regulations;
4. Increasing
the
implementation of the
legal framework for
implementing
disaster
management.

Mainstreaming disaster risk
reduction in development

Integrated disaster
1. Mainstreaming disaster
management in development
risk
reduction
and
activities carried out by
disaster-related climate
government and nonchange adaptation in
government entities.
national
development
plans;
2. Monitoring, evaluating,
and updating RENAS PB
in an integrated manner
with related sectors;

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106

3. Development of RENAS
PB
implementation
information system

Increasing multiparty
partnerships in disaster
management

Fulfilling good governance
in the field of disaster
management

Increasing multi-party
1. Development
of
partnerships (government,
community
business institutions, media,
empowerment
universities, and civil society)
strategies and their
in implementing disaster
implementation
for
management.
disaster
resilience
paying attention to local
wisdom and adapting to
climate change, gender,
and vulnerable groups
Implementation of
1.
strategies that guarantee
the implementation of
community empowerment
in a synergistic manner
oriented to reducing
disaster risk, local wisdom 2.
and regional
independence

Strengthening
partnerships
independence
sustainability
implementing
management;

for
and
in
disaster

Strengthening National,
regional, and thematic
DRR forums as a
medium for mutual
sharing
in
the
implementation
of
disaster management;

3.

Utilization
and
strengthening
of
educational institutions
and expert associations
in the field of disasters as
a medium for education
and development of a
disaster
awareness
culture (safety culture);

4.

Strengthening
and
increasing the role of

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volunteers in
management;
5.

disaster

Fulfillment of Minimum
Service Standards (SPM)
related
to
disaster
management;

Sources: Author

VII. CHALLENGES IN IMPLEMENTATION OF HUMAN RIGHTS
PRINCIPLES IN INDONESIA DISASTER MANAGEMENT
The insufficiency of human rights protection principles within these laws and regulations
poses challenges in their practical application. The prevalence of bureaucratic behavior
characterized by excessive adherence to rules and regulations, a strong emphasis on
legalistic approaches, limited flexibility, and a lack of professionalism in addressing
urgent situations hampered the effective execution of the 2018 Palu disaster management
plan. According to Sangaji, a major participant in the focus group discussion (FGD), the
absence of identification cards among certain individuals resulted in inadequate
dissemination of information on unprofessional refugee management, substandard
relocation practices, and inadequate catastrophe zoning arrangements within the
community. The Governor of Central Sulawesi's delay in releasing an emergency decree
resulted in the distribution of rice stocks owned by the Central Sulawesi government to
disaster victims being disrupted, leading to instances of looting by those in need of
assistance. The lack of professionalism in this context leads to inadequate data collection
regarding the population affected in a given area. Consequently, this results in an uneven
distribution of aid, disparities in the treatment and management of victims, variations in
the provision of facilities to victims, and even misdirected delivery of aid (Bahri and
Aristi, personal interview, focus group discussion). The presence of bureaucratic rigidity
poses significant challenges to the coordination of activities, primarily due to the absence
of a single institution capable of serving as both the coordinator and crisis management
center in emergencies. According to Armansyah, a major participant in the focus group
discussion, the presence of hurdles hampers the ability of field officers to effectively
identify solutions and operate at their highest level of efficiency when assisting
catastrophe victims. The apparent lack of effective coordination implies that the
government's commitment to addressing disasters, from initial emergency response to
subsequent rehabilitation efforts, may be lacking. This is potentially due to inadequate

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and misdirected budget allocations. The government, in its capacity as the accountable
entity, has yet to establish explicit criteria for the obligations that the State should fulfill.
Consequently, there has been a deliberate exclusion and disregard by state officials at all
levels, including the limited involvement of the BNPB as a coordinator in the realm of
disaster management (Askary, FGD participant). It is imperative to conduct a
comprehensive evaluation of extant institutions and their respective roles in disaster
management to ensure widespread awareness and preparedness in the event of a
calamity. According to Lelono, a crucial participant in the focus group discussion,
disaster management fails to utilize the valuable knowledge and experience of local
inhabitants who have been in the region for centuries and have encountered diverse
natural disasters that align with the natural environment.
Instances of human rights breaches in the context of disaster management might
also arise as a result of administrative mismanagement. Based on the extant standard
operating procedures (SOP) on disaster management after September 28, 2018, it can
be inferred that a breach of human rights has occurred, stemming from the underlying
cause and preceding maladministration by the government. This maladministration is
evident in the absence of the Governor, Mayor, and Deputy Mayor during the initial
three days, thereby impeding the implementation of governmental measures in response
to the emergency.135 Consequently, the affected community was deprived of timely and
adequate post-disaster management. The Governor's remarks regarding the earthquake
victims who evacuated Palu city were perceived as lacking empathy, as he characterized
them as cowards and said that their return to the city was not anticipated. There is an
increasing trend towards autonomous implementation of disaster management efforts by
NGOs. The maladministration in question arose during the stages of development
planning and spatial planning conducted by the regional government. The government
did not adequately consider the seismic vulnerability of the Palu area. The Regional
Disaster Management Agency (BPBD) had not been granted the authority to propose
an optimal spatial design based on local circumstances. The current emphasis on
development only prioritizes physical growth, neglecting the crucial factors of
sustainability and the distinct characteristics of the area (Tangahu, FGD participant). The
lack of attention to this matter was further exemplified by the dearth of rules pertaining
to disaster management, leading to disorganized disaster management practices and the
failure to adequately uphold the rights of populations affected by disasters. Inadequate
disaster management practices have led to the lack of precision in aid objectives and, in
some cases, infringements upon human rights.
The observed fatality count of 8000 individuals serves as evidence of inadequate
spatial planning within Palu city.136 Residential areas within the disaster red zone had been
authorized for usage by the regional government. The omission of the Disaster
135

Bambang Sugeng Ariadi Subagyono et al, “Can Indonesia’s Laws Keep Up? Protecting Consumer
Rights in Digital Transactions” (2024) 5:3 Journal of Law and Legal Reform 869–890.
136
Avinia Ismiyati & Fatma Lestari, “Analysis on emergency and disaster preparedness level of hospitality
industry in palu and gorontalo cities” (2020) 10 Int J Saf Secur Eng 671–677.

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Management Law in Central Sulawesi’s provincial regulation on regional spatial planning
has been observed. Law No.24 of 2007 is one of the laws that ought to serve as the legal
foundation for spatial planning. The inadequate data collection efforts by the government
towards the identification, classification, and quantification of human casualties and
material damages have given rise to concerns over potential human rights infringements
in the treatment of victims. The distribution of funds allocated by the central government
for the provision of essential living necessities to catastrophe victims was hindered by two
primary challenges. Firstly, the lack of integration between the data systems utilized for
disaster relief and the population database posed a significant obstacle. Secondly, there
were additional complications that further impeded the prompt distribution of these
funds. Government officials were hesitant to exercise discretion as a result of the
inflexible and intricate state financial reporting structure. The challenge of allocating
resources for essential needs and other forms of assistance resulted in a significant
number of refugees resorting to begging as a means to meet their daily requirements.
Ardiansyah, the participant in the focus group discussion. Inadequate data posed
challenges to the government's rehabilitation initiatives aimed at facilitating victims' access
to energy and clean water. Marzuki is a participant in the focus group discussion.
An inadequate population registration system exacerbates challenges related to the
claims for ownership of assets or land, as well as applications for assistance, which are
entitled to individuals affected by disasters. The occurrence of a natural disaster results
in the loss of several forms of identification and documentation substantiating ownership
rights. The absence of documentation verifying one's place of residence is a significant
challenge for individuals affected by disasters in obtaining temporary shelter aid provided
by the government. The absence of documented evidence verifying ownership of assets
or land is a significant challenge for individuals affected by disasters in securing bank
loans to facilitate the restoration of economic activities that have been disrupted by said
disasters. This is mostly because financial institutions uphold their standard business
requirements, even in the aftermath of such disasters. Lahamu is participant in the focus
group discussion. Maladministration may also occur due to errors in the distribution of
financial resources for disaster management. An evaluation completed by the Indonesian
government estimated the financial damages resulting from the Palu disaster to be
approximately 4.7 trillion IDR. However, the requested rehabilitation costs amounted to
14 trillion IDR.137 The inquiry pertains to the mechanisms underlying the occurrence
wherein the cost of rehabilitation needs surpasses the value of the initial development.
The post-disaster management in Palu in 2018 highlights the existence of ongoing
structural challenges in the implementation of human rights within the context of disaster
management in Indonesia. The primary cause of this issue stems from the inadequate
incorporation of human rights protection measures within the framework of disaster
137

Aktieva Tri Tjitrawati & Mochamad Kevin Romadhona, “Affliction in the post Palu disaster: State
failure to implement human rights standard on disaster management” (2023) 9:1 Cogent Social
Sciences.

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management, prevention, and response. Additionally, there are shortcomings in the
integration of catastrophe mitigation endeavors into broader development programs.
The issue is further compounded by the inadequate control mechanisms, including both
governmental oversight and community involvement, which fail to prevent the
unauthorized issuance of housing development licenses within restricted areas. The level
of supervision remains inadequate, as evidenced by the continued circumvention of
regulations on the establishment of red zones for construction purposes. The successful
implementation of the community's control function necessitates the public's accessibility
to the information disseminated by the State. In the event of a disaster, it is the
responsibility of the State to disseminate crucial information regarding self-preservation
measures, as the absence of such information can potentially result in fatalities. The
significance of the right to access information appears to be undervalued, indicating a
persistent oversight on our part. From the standpoint of fundamental rights, specifically
human rights, the concept is intricately linked to matters of life and death (Tavip, FGD
participant).
The concept of human rights necessitates that the State assumes its corresponding
duties and responsibilities.138 The entity responsible for safeguarding, upholding, and
ensuring the realization of human rights, particularly in the aftermath of a disaster, is the
State. In this specific scenario, both the central and regional governments bear this
responsibility. Consequently, violations of human rights can be categorized as systemic
offenses. It is also the responsibility of the State to ensure access to information, enabling
people to be informed about the established protocols for managing circumstances both
during and after disasters, as well as facilitating the understanding of matters about life
and death.

VIII. CONCLUSION
The Indonesian government bears the responsibility of safeguarding the human rights of
all individuals within its jurisdiction, including those who have been affected by natural
disasters. The responsibility in question is conferred upon the government through the
ratification of international human rights treaties by Indonesia, as well as through
pertinent local legislation. Indonesia has implemented legislation and rules regarding
disaster management, which were subsequently used in the management of the Palu
tragedy. Nevertheless, the existing legislation and regulations exhibit insufficiencies in
terms of safeguarding human rights, as they lack provisions specifically addressing this
matter. Additionally, there are gaps in the law and regulations about the effective
administration and execution of the law by the authorized entity or entities. The
insufficiency of legal frameworks and regulatory measures has resulted in

138

Agung Sujatmiko et al, “Pierre Cardin and the Legal Battle for Well-Known Marks: Insights from
Indonesia and the Netherlands” (2024) 10:3 Hasanuddin Law Review 240.

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implementation issues and the infringement upon human rights in the context of disaster
management in Palu.

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Prof. Dr. Aktieva Tri Tjitrawati is a Professor in International Environment and Health Law and
she is lecture in the Department of International Law, Faculty of Law, Universitas Airlangga in
which she has been a faculty member since 1989. Prof. Dr. Aktieva achieved her Master and
Doctoral Degree at Padjadjaran University and her Undergraduate studies at Universitas
Airlangga. She has her doctoral degress in 2005, majoring in international trade and environment
law. She was in charge as the Head of Bachelor of Law Program from 2014 to 2020, after
becoming the Chief of International Law Department from 2011. Now, she holds the position
of the Head of Magister of Law Program. Her research interest lie in the area of international
trade law and other societal values, international health law and also law of treaty. In recent years,
she has focused her research on international health law, and she has granted for four national
grant for research from the Ministry of Education in this field. In doing such research, she has

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collaborated actively with in other disciplines such as medical and environmental study. In this
study research issue, she also has appointed as a member of national research reviewer under
the Ministry of Education since 2017, and research reviewer committee of Universitas Airlangga
since 2013.
Mochamad Kevin Romadhona is a Junior Researcher from Global Migration Research Group,
Faculty of Social and Political Sciences, Universitas Airlangga since 2022. He has research
interest on Migration Study, Sociology of Health and Illness, and Labor Study. Kevin achieved
his Undergraduate studies at Universitas Airlangga in 2020. Kevin has many collaboration
research and publication with researcher in Indonesia or globally. Kevin has become Scopus
Journal Reviewer such as SAGE Open (Q1 Top Tier), Journal of Property, Planning and
Environmental Law (Q1), and Frontier in Sustainability (Q1).