Systematic of Writing THE IMPLEMENTATION OF INTERNATIONAL DISASTER RESPONSE LAWS TOWARDS INDONESIAN SOVEREIGNTY

the vulnerability and suffering of people affected by the disasters. They do this by giving fundamental principles on how the other State, international organizations and foreign non-governmental organizations may give humanitarian assistance in form of disaster relief to the host state. One of the most importance principles in the International Disaster Response Laws already agreed by sovereign state is respected the sovereignty of the host State. However, when the circumstances of the affected area of natural or man-made disaster that needs a proper and fast emergency response, sometimes the sovereignty of host state has a potential to be violated by other states or other international entities recognized under international laws. In this introduction, the researcher also delivers the research problem which will be discussed in the next chapter. The research objective, advantages of research, and systematic of the writing of research also explained in this chapter. Chapter two will explain the general theory and the legal aspects related to the international law on the International Disaster Response Laws and sovereignty principles. It also provides disaster potential threats to Indonesia, the meaning of International Disaster Response Laws, and sovereignty principles especially the sovereignty of Indonesia. In Chapter three, the researcher will discuss the research methods used on the research. This research method consists of the type of research, type of approaches, legal materials, method of collecting data and data analysis. The type of this research is normative legal research. The research use statute approach and case approach. Also, this research will use research material taken from some literature consist of primary legal material, secondary legal material, and tertiary legal material. Then, the methods of collecting data in this research will be conducted through library research, and will be analyzed systematically through qualitative and descriptive methods. In Chapter four, the researcher will analyze whether the implementation of International Disaster Response Laws of Indonesia does not reduce the sovereignty of Indonesia or even give a chance to the international organizations and foreign non-governmental organizations to violate the sovereignty of Indonesia during emergency response. To answer that question, this chapter would analyze the international assistance in giving disaster relief during disaster response on two disaster events: the earthquake 2009 in West Sumatra and the Mount Merapi volcano eruption 2010 in Yogyakarta. Finally, Chapter five covers the conclusion and suggestions on this research. In this chapter, the researcher will conclude what has been discovered in the previous chapter about the implementation of International Disaster Response Laws towards the sovereignty of Indonesia and also will give the suggestions on how the Indonesian government should regulate the international humanitarian assistance from international organizations and non-government organizations during emergency response. CHAPTER TWO LITERATURE REVIEW

A. Natural and Man-Made Disaster

Natural and man-made hazard, as well as disaster, has been defined by many scholars based on different perspectives. Since the issue of climate change and natural and man-made hazard and disaster has been one of the common interests for international community, following the United Nations International Decade for Natural Disaster Reduction 1990-1999, the term of natural and man-made hazard and disaster by UNISDR is defined as a potentially damaging physical event, phenomenon or human activity that may cause the loss of life or injury, property damage, social and economic disruption or environmental degradation. 8 Hazards can include latent conditions that may represent future threats and can have different origins: natural geological, hydro-meteorological and biological or induced by human processes environmental degradation and technological hazards. Hazards can be single, sequential or combined in their 8 UNISDR was established in 1999 as a dedicated secretariat to facilitate the implementation of the International Strategy for Disaster Reduction ISDR.It is mandated by the United Nations General Assembly resolution 56195, 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. It is an organizational unit of the UN Secretariat and is led by the UN Special Representative of the Secretary-General for Disaster Risk Reduction SRSG. See more at http:www.unisdr.orgwho- we-are accessed on February 21 , on February 22, 2016 at 02:34 PM. origin and effects. Each hazard is characterized by its location, intensity, frequency, and probability. Meanwhile, a disaster is a serious disruption of the functioning of a community or a society causing widespread human, material, economic or environmental losses, which exceed the ability of the affected community or society to cope using its own resources. A disaster is a function of the risk process. It results from the combination of hazards, conditions of vulnerability, and insufficient capacity or measures to reduce the potential negative consequences of risk. 9 A disaster is also defines as a natural or man- made hazard resulting in an event of substantial extent causing significant physical damage or destruction, loss of life, or drastic change to the natural environment. 10 Natural hazards are naturally occurring physical phenomena caused either by rapid or slow onset events which can be geophysical earthquakes, landslides, tsunamis and volcanic activity, hydrological avalanches and floods, climatological extreme temperatures, drought and wildfires, meteorological cyclones and stormswave surges or biological disease epidemics and insectanimal plagues. 9 International Strategy for Disaster Reduction, Living with Risk: A Global Review of Disaster Reduction Initiatives, Geneva: United Nations publication, 2004. p. 16-17. 10 Alberto Alemanno, “Governing Disaster-The Challenges of Emergency Risk Regulation” Edward Elgar, 2011. p. 4.