ABSTRACT
This research is aimed at understanding two questions. (1) whether the Regional Agency for Disaster Management (BPBD) in Aceh (BPBA) needs to be reestablished its implemented regulation based on socio-legal paradigm so that it will be conducive to Acehnese societal and regional needs. (2) this research intended to find out factors obstacle for reestablishing the BPBD basis which compatible to Acehnese socio-cultural and region.
Secondary data gathered by analyzing various document of laws, and field study was done by interviewing some resource-persons in regional government of Aceh Province and regioncies represented by Aceh Utara, Kota Lhokseumawe, Bener Meriah, and Aceh Tengah. It was also conducted interview with some other resource-persons at BNPB and DEPDAGRI and DEPSOS.
Based on data collected, finding shows that the Regional Agency for Disaster Management (BPBD) in Aceh needs to be reestablished it based on the Law of Government of Aceh (UUPA) and its Acehnese socio-cultural values in related to local wisdom of disaster management mechanism. The BPBD in various regioncies/cities of Aceh Province did not operationalized yet. There was because of The Regional Regulation (Qanun) does not enacted yet. There some obstacles have been encountered by policy maker in case of Qanun making on BPBA, namely (a) controvercy on hierarchy of laws based on National Legal System; (b) socio-cultural values in relation to Qanun making on BPBA; and (c) status of the head of BPBD in connection to and between UUPA and Permendagri No 46, 2008 and PP No 100, 2000 is debatable.
It is concluded that the policy making on BPBA basis tended to be based on individual rather than public and social interests of (state) government apparatus. It is recomended that the Qanun making on BPBD in Aceh should be based on socio-cultural values which will be represented by academic Script and it would be basis for legal drafter and public policy maker. It is needed to appeal this case to the Higher Court in order to have an advice.
