LEGAL PROTECTION DISASTER RESPONSE VOLUNTEERS (PERKA study No. 17 of 2011 regarding Disaster Management Volunteer Guidelines)

The policy on volunteers for disaster management has been in place since the publication of Regulation of the Head of the National Disaster Management Agency Number 17 of 2011, but along with the development of volunteer activities and volunteer organizations in supporting disaster management activities in Indonesia, the problems faced by volunteers are increasingly complex, starting from rights issues. and obligations to legal protection of volunteers. This research aims to analyze the legal principles and theories that apply to the Regulation of the Head of the National Disaster Management Agency Number 17 of 2011 concerning Guidelines for Volunteers for Disaster Management, analyze the Regulation of the Head of the National Disaster Management Agency (PERKA BNPB) Number 17 of 2011 concerning guidelines for disaster management volunteers that have the potential to cause problems orPolicy Potential Problem as well asPolicy Application Problem or application of the policy. The method used is a quantitative descriptive approach socio legal research and using data collection techniques in the form of Likert questionnaires and in-depth interviews, the results of the questionnaires show that some disaster management volunteers have problems understanding their rights and obligations as well as the implementation of disaster management volunteer guidelines which are still not optimal, so it can be concluded that Regulation of the Head of the National Disaster Management Agency No. 17 of 2011 still has the potential toPolicy Potential Problem Policy Application Problem


INTRODUCTION
Indonesia is a country that is rich in potential natural resources, but like two sides of a coin, on the other hand, Indonesia is also rich in disaster threats, both natural and non-natural. This happens because geographically Indonesia is very strategically located between four plates, namely the Eurasian, Indo-Australian, Philippine and Pacific plates. 1 In addition, Indonesia is also in the area of volcanoes or what we are often familiar withRing of Fire, because of the 452 volcanoes with high seismic activity in the world, 127 of them are in Indonesia with an active status and can erupt at any time. 2 The potential for natural disasters that are quite complete and complex in Indonesia is directly proportional to the potential of human resources, supported by Law Number 24 of 2007 concerning Disaster Management Article 27 which confirms that everyone is obliged to carry out disaster management activities.
Along with the development of disaster potential, disaster management activities, volunteers and volunteer organizations, the problems faced by volunteers are increasingly

Place and time of research
The research was conducted in the city of Surabaya, because several volunteer disaster management organizations have their headquarters in the city of Surabaya, including RAPI, Nurul Hayat. YDSF, Indonesian Volunteer Community, Navigator Shooter and so on. Meanwhile, the research was conducted from February to March 2022.

RESEARCH METHODS
The research method used is the Socio Legal method,a study that looks at law through a combination of normative analysis (legal norms, juridical) and non-legal science approaches. Socio-legal in nature is prescriptive, namely providing solutions to legal problems by combining normative analysis and non-legal/social aspects approaches.
The socio-legal approach is an interdisciplinary approach. The goal is to combine all aspects of the perspectives of disciplines, social sciences and law, into a single approach. Because of such an approach, the goal of socio-legal is to completely combine the knowledge, skills, and forms of research experience from two (or several) disciplines in an effort to overcome some of the theoretical and methodological limitations of the disciplines concerned and create a foundation for developing a new form of analysis. 7 Apart from theories about disaster management volunteers that apply internationally and laws and regulations, researchers use a questionnaire with a Likert scale as a data collection method. The Likert scale is used with the aim of knowing or measuring quantitative data. Some of the problems contained in the Regulation of the Head of BNPB Number 17 of 2011 concerning Guidelines for Disaster Management Volunteers in this questionnaire will be assessed by disaster management volunteers as respondents who have direct experience in the field in disaster management activities.

Data source
Sources of data used in this study are; 1. Primary data is data obtained directly from research respondents. The primary data source is the results of a questionnaire Analysis of the Regulation of the Head of the National Disaster Management Agency Number 17 of 2011 concerning Guidelines for Disaster Management Volunteers which was distributed to 30 disaster management volunteers from several Disaster Management Volunteer Organizations 2. Secondary Data is data obtained from literature studies, namely by collecting data and laws and regulations, journals, and expert opinions as well as theories or policies regarding disaster management volunteers that apply internationally.

Data Collection Techniques
Data collection is a process that is carried out systematically to facilitate researchers in obtaining conclusions which in the process, according to Bogdan in Sugiyono, is carried out by searching and systematically compiling the data obtained. 8 The technique used for primary data collection was a Likert questionnaire which was distributed and filled in by 30 disaster management volunteers as respondents assessing several policy indicators in the Regulation of the Head of the National Disaster Management Agency Number 17 of 2011 concerning Guidelines for Disaster Management Volunteers which have the potential to cause problems and application or application in the field.

Data analysis method
Researchers used descriptive analysis in the method of data analysis from the results of questionnaires that had been filled out by respondents.Descriptive analysis is a statistical analysis method that aims to provide a description or description of the research subject based on variable data obtained from certain subject groups.

Research variable
Variables used by researchers in analyzing thePolicy Potential Problem andPolicy 2. Increase the capacity of volunteers so they can work properly and professionally, and show maximum performance. Several indicators of problems related to volunteer development are measured based on the results of a questionnaire using a Likert scale and analyzed based on Table 3 below: a. Volunteer Deployment The deployment of volunteers is regulated in the Regulation of the Head of the National Disaster Management Agency Number 17 of 2011 concerning Guidelines for Disaster Management Volunteers which is then measured based on the results of a questionnaire using a Likert scale and analyzed based on Table 4:

b. Administration and Assignment Facilities
In carrying out their duties as a volunteer for disaster management, a volunteer is also equipped and required to deal with matters of an administrative nature and supporting facilities. Administration can be defined as stated by John M. Pfiffner and R.V. Presthus (1953) in the book Public Administration namely coordinating and directing human and material resources to achieve the desired goals. In this case the administration is more emphasized on the activities of coordinating the people who work together, the tools, and the funds used to achieve the desired goals. A nearly similar definition was given by William H. Newman (1963) in the book Administrative Action namely that administration is the direction, leadership, and control of the efforts of a group of people in order to achieve common (main) goals. 9 Administration Indicators and Assignment Support Facilities are then measured based on the results of a questionnaire that uses a Likert scale and is analyzed according to Table 5

Validity test
The validity test was carried out with the aim of measuring the validity or invalidity of a questionnaire. A questionnaire is said to be valid if the questions/statements on the questionnaire are able to reveal something that will be measured by the questionnaire (Ghozali, 2006). The test is carried out by correlating the score on each item with the total score and then processing it with the help of the SPSS for Windows program level of significant = 5% using 32 respondents.
Measuring validity by making a correlation between the score of the question items with the total score of the construct or variable. You do this by comparing the value of r count with r table for degree of freedom (df) = n-k, where (n) is the number of research samples. The decision making to test the validity of the indicators is: 1. If r count > r table and the value is positive or significant <0.05 then the item or question or indicator is declared valid 2. If r count < r table and significant > 0.05 then the item or question or indicator is declared invalid.

Reliability Test
Reliability test is a tool used to measure the consistency of a questionnaire which is an indicator of a variable or construct. A questionnaire is said to be reliable or reliable if one's answers to the questions are consistent or stable from time to time (Ghozali, 2006). As for decision making for reliability testing, a construct or variable is said to be reliable if it gives a value of Cronbach's Alpha> 0.70 (Nunnally, 1994

Legal Principles in PERKA BNPB Number 17 of 2011
According to Sudikno Mertokusumo Legal certainty is a guarantee that the law must be implemented in a good way. We can also find the term principle of legal certainty in Law Number 28 of 1999 concerning the Implementation of a State that is Clean and Free from Corruption, Collusion and Nepotism and in Law Number 30 of 2014 concerning Government Administration where there are general principles in In order to improve the quality of government administration, government agencies and/or officials in exercising their authority must refer to the general principles of good governance and based on the provisions of laws and regulations.
The first principle is the Principle of Legal Certainty.What is meant by the Principle of Legal Certainty is the principle in a rule of law that prioritizes the basis of laws and regulations, decency and justice in every policy of the State Administration.
This principle can be found in the Regulation of the Head of the National Disaster Management Agency Number 17 of 2011 concerning Guidelines for Disaster Management Volunteers in the preamble section.
Considerations are all considerations, both from a philosophical point of view (ideas, motives), a juridical aspect, a political aspect so that the Draft Regulation is born, so it includes the following parts: "paying attention", "considering", "remembering", "hearing", "reading" ", etc., even including here the basic considerations in terms of compatibility with applicable law (legality) and conformity with the regulations themselves (efficiency). 10 In the Preamble it has been stated: a. that disaster management is a shared responsibility that must be carried out by the government, regional governments and all elements and levels of society, including universities and the business community; b. that in many disaster incidents volunteers from various government agencies, community organizations, Non-Governmental Organizations, Universities and the Business World have played many important roles; c. that there are no laws and regulations governing the standards and qualifications of volunteers, capacity building for volunteers, and cooperation between volunteers in all aspects of disaster management; In addition, there is a legal basis or statutory regulations which form the basis for the formation of the said Perka confirms that the Perka has the Principle of Legal Certainty, including: a. In addition to the Legal Certainty Principle, the second principle is the Benefit PrincipleWhat is meant by "principle of benefit" is the benefit that must be considered in a balanced manner between: (1) the interests of one individual with the interests of other individuals; (2) individual interests with society; (3) the interests of Citizens and foreign communities; (4) the interests of one community group and the interests of other community groups; (5) government interests with community members; (6) the interests of the present generation and the interests of future generations; (7) the interests of humans and their ecosystems; (8) interests of men and women.
If we look at the preambles of the Regulation of the Head of the National Disaster Management Agency Number 17 of 2011 concerning Guidelines for Volunteers for Disaster Management which has been mentioned in the elucidation of the principle of legal certainty, the description of the preamble also represents the Principle of Benefit that applies to the Government, Communities, Universities and the Business World. .
The third principle is the principle of impartiality. What is meant by "principle of impartiality" is the principle which obliges Government Agencies and/or Officials to make decisions and/or carry out decisions and/or actions by considering the interests of the parties as a whole and not discriminatory. This is in line with the Principles of Volunteer Work mentioned in CHAPTER II Regulation of the Head of the National Disaster Management Agency Number 17 of 2011 concerning Guidelines for Disaster Management Volunteers where one of the principles is Non-discrimination and Gender Equality and from an enforceability perspective, this general guideline for volunteers for disaster management This applies to all volunteers, whether they come from community organizations, NGOs, universities, the private sector or other parties. The guidelines are expected to enhance cooperation between the Government, local governments, community organizations, NGOs, universities, the private sector and other related parties in disaster management.
The fourth principle is the principle of accuracy. What is meant by "principle of accuracy" is the principle which implies that a decision and/or action must be based on complete information and documents to support the legality of the determination and/or implementation of the decision and/or action so that the decision and/or Actions concerned are carefully prepared before the Decisions and/or Actions are determined and/or carried out. We can also review this from the preamble which has been explained in the previous principle in the explanation of the principle of legal certainty. Apart from that, we can also look at it from a perka background where Indonesia is a disaster-prone country, but at the same time has great human resource potential. Indonesia's large population can be empowered in dealing with emergencies and in disaster risk reduction efforts.
The fifth principle is the principle of not abusing authority. What is meant by "principle of not abusing authority" is the principle obliging every government agency and/or official not to use its authority for personal gain or other interests and not in accordance with the purpose of granting said authority, do not exceed, do not abuse, and/or do not mix up authority. Regarding this principle, we can see from the legal basis that a Head of the National Disaster Management Agency (BNPB) made a policy in the form of guidelines for disaster management volunteers, namely in the Presidential Regulation of the Republic of Indonesia Number 8 of 2008 concerning the National Disaster Management Agency where in Article 2 it is stated that BNPB has task : a. provide guidelines and directions for disaster management efforts that cover disaster prevention, handling emergency response, rehabilitation and reconstruction in a fair and equal manner; b. determine the standardization and the need for disaster management implementation based on statutory regulations; c. convey information on disaster management activities to the public; d. report on the implementation of disaster management to the President once a month under normal conditions and at any time during a disaster emergency; e. use and account for national and international donations/assistance; f. be accountable for the use of the budget received from the State Revenue and Expenditure Budget; g. carry out other obligations in accordance with laws and regulations; And h. prepare guidelines for the formation of the Regional Disaster Management Agency. The sixth principle is the principle of openness, the principle of openness is the principle that serves the public to gain access and obtain correct, honest and non-discriminatory information in the administration of government while still paying attention to the protection of personal rights, group and state secrets.
The seventh principle is the principle of public interest. What is meant by "principle of public interest" is the principle that prioritizes public welfare and benefit in an aspirational, accommodative, selective and non-discriminatory manner.
The eighth principle is the Principle of Good Service. What is meant by "principle of good service" is the principle of providing timely services, clear procedures and costs, in accordance with service standards, and provisions of laws and regulations.
We can review the principle of openness, the principle of public interest, and the principle of good service in the Regulation of the Head of the National Disaster Management Agency Number 17 of 2011 concerning Guidelines for Disaster Management Volunteers Chapter II concerning Volunteers for Disaster Management where in carrying out their duties, disaster management volunteers work based on speed and accuracy. ; Priority; Coordination; Efficient and effective; Transparency; Accountability; Partnership; Empowerment; Nondiscrimination; Not spreading religion; Gender equality and Respect for local wisdom.

Disaster Management Volunteer inThe Core Humanitarian Standard on Quality and Accountability
The Core Humanitarian Standard on Quality and Accountability or hereinafter referred to as the CHS is a tool consisting of Nine Commitments to communities and people affected by crisis which states what they can expect from organizations and individuals who deliver humanitarian assistance.
Each commitment is supported by a quality criterion that defines how the humanitarian organization and staff must work to fulfill it. CHS is structured as follows: 1) Nine Commitments 2) Supporting Quality Criteria; 3) Key Actions that need to be carried out to fulfill the Commitments; And 4) Organizational responsibility to support consistent and systematic implementation of Key Actions within the organization. Key Actions and Organizational Responsibilities respectively describe: 1) Activities that must be carried out by workers involved in humanitarian action to deliver high quality programs in a consistent and accountable manner to beneficiaries; And 2) Policies, processes and systems that should be in place in organizations engaged in humanitarian action, to ensure staff provide high quality and accountable humanitarian assistance.

Communities and people affected by crises know their rights guaranteed by
law, have access to information and are involved in decision-making processes that affect them,with Quality criteria: Humanitarian response based on communication, participation and feedback. This is in accordance with the Volunteer Work Principles previously mentioned, especially Letters (b) Priority, (c) Coordination, (e) Transparency, (f) Accountability, (g) Partnership 5. Communities and people affected by crises have access to a safe and responsive complaint mechanism,with Quality criteria: Complaints are welcomed and handled. This is in accordance with the Volunteer Work Principles previously mentioned, especially Letter (b) Priority, (c) Coordination, (e) Transparency, (f) Accountability, (g) Partnership. 6. Communities and people affected by crisis receive coordinated and complementary assistance,with Quality criteria: Humanitarian response must be coordinated and complementary. This is in accordance with the Volunteer Work Principles previously mentioned, especially in point (c) Coordination. 7. Communities and people affected by crises can expect better delivery of aid, as organizations learn from experience and reflection,with Quality criteria: Humanitarian workers are always learning and improving themselves. We can find this in one of the descriptions in Chapter V of Regulation of the Head of the National Disaster Management Agency Number 17 of 2011 where volunteer development includes all efforts, actions and activities related to planning, education and training, capacity building, deployment, and control of volunteer activities. . Volunteer development aims to: a. Improving the competence (knowledge, attitude and behavior) and integrity of volunteers; b. Increase the capacity of volunteers so they can work properly and professionally, and show maximum performance. 8. Communities and people affected by crises receive the assistance they need from competent and well-managed staff and volunteers,with Quality criteria: Staff are supported in carrying out their work effectively and are treated fairly and equally. This is in accordance with several descriptions in Perka BNPB Number 17 of 2011: a. CHAPTER I where Disaster Management Volunteers, hereinafter referred to as volunteers, are a person or a group of people who have the ability and concern to work voluntarily and sincerely in disaster management efforts. b. CHAPTER II, Principles of Volunteer Work letter (c) also includes the principle of Coordination c. CHAPTER II, Panca Darma Disaster Management Volunteers: a) Independent b) professional c) Solidarity d) Synergy e) Accountable 9. Communities and people affected by crises can expect that the organizations that help them manage resources effectively, efficiently and ethically,with Quality criteria: Resources are managed and used responsibly according to their designation. In line with CHAPTER V PERKA BNPB Number 17 of 2011 which describes the supervisory agency: a. Trustee Institutions are: agencies/institutions/organizations that are the parent organization of volunteers. b. Advisory agencies are responsible for recruiting, developing capacity, facilitating and assisting the deployment of volunteers.
c. Disaster management volunteer supervisory agencies are required to coordinate and report their whereabouts to BPBD.
The explanation above shows that the Regulation of the Head of the National Disaster Management Agency Number 17 of 2011 concerning Guidelines for Disaster Management Volunteers already accommodates the 9 Commitments & Criteria for the Quality of Disaster Management Volunteers contained inThe Core Humanitarian Standard on Quality and Accountability. As for the problem on The redaction of the articles in the Perka which are considered to be too broad or need further explanation and problems with their implementation in the field, are tested further quantitatively in the next sub-chapter.
The results of the recapitulation of the calculation of the answers to the questionnaire regarding the analysis of the Regulation of the Head of the National Disaster Management Agency concerning Guidelines for Volunteers for Disaster Management are as follows:

Rights and Obligations of Disaster Management Volunteers
Based on the results of the recapitulation of the variables of the Rights and Obligations of Volunteers for Disaster Management, we can see in Table 9 where it can be concluded that 68.8% of respondents agree thatNot all disaster management volunteers have special abilities, skills or skills in disaster management efforts, 65.6% of respondents agree that there is no minimum standard of volunteer ability or minimum requirements that must be met by someone to be registered as a disaster management volunteer, 50% of respondents agree that the principles of volunteer work mentioned in the Perka are still too broad/multi-interpretable/difficult to understand, 56% of respondents agree that the Panca Darma volunteers mentioned in the Perka are still too broad/multi-interpretable/difficult to understand, 59.4% of respondents agree that the right of volunteers to get legal protection in carrying out disaster management tasks, what is stated in the case is still too broad regarding who, what and how the form of legal protection is given to volunteers.   Table.11 where it can be concluded that 65.6% of respondents agree thatDisaster management volunteers need to have a certificate/charter/expertise certificate that can support their duties, 62.5% of respondents agree that a certificate/charter/brevet for volunteer expertise is obtained from an official and recognized institution, 62.5% of respondents agree that there is no institutional standardization that can provide guidance and increase the competence of volunteers, 59.4% of respondents agree that BNPB and BPBD have assisted volunteer organizations in carrying out institutional development both providing managerial support and resources for institutional strengthening of volunteer organizations, 65.6% of respondents agree that volunteer organizations are required carry out activities related to planning, education, and training, capacity building, deployment, and control of volunteer activities.

Administration and Assignment Support Facilities
Based on the results of the recapitulation of the Administration variables and Assignment Support Facilities, it can be seen that 81.3% of respondents agree thatThe absence of an identity card (KTA) can trigger problems when on duty in the field because there is no legality to be used as volunteer members, 75% of respondents agree that volunteers should be required to be independent (personal equipment and PPE) at least to minimize risks to themselves when in location of the disaster, 68.8% of respondents agree that there is a PIC at the district/city/provincial level for sending reports with the flow agreed in an SOP, and 68.8% of respondents agree that there is a designated PIC for data and information on disaster management conditions that ongoing. (Have an information system unit and a responsible officer) There is a designated PIC for Data and Information on ongoing disaster management conditions. (Have an information system unit and a responsible officer) 9 22 1 0 6. Monitoring and Evaluation Based on the results of the recapitulation of the Monitoring and Evaluation variables, it can be seen that 56.3% of respondents agree thatMonitoring and Evaluation in Volunteer Organizations is not yet a mandatory activity, 65.6% of respondents agree that Volunteer organizations are still not optimal in monitoring and evaluating volunteer activities, and 53.1% of respondents agree that there is no minimum standard regarding guaranteed protection that must be provided towards volunteers.