| In the last decade, the occurrences of natural disasters in ASEAN (Association South East Nations) regions have intensified. ASEAN was prone natural disasters such as earthquakes and tsunamis which frequently hit the region and as we know natural disasters can happen anytime. Natural disaster has happened in some ASEAN regions, for example Nargis Storm in Myanmar on 3- 4 May 2008, Fengsen Storm in Philipine, and an Earthquake of 7.2 Scale Richter and Tsunami in Mentawai Island Indonesia at 2010 which has caused material and immaterial loss to the people, including the death of hundreds of people. An enthusiasm of disaster management only takes place during the time of disaster, in the forms of humanitarian aid mobilization such as money collecting, food aid, voluntaries aid, etc. However, after the disaster ends, the government's and society's attention also slowly ends In relation to the aforementioned, the enactment and understanding of law have not been prioritized in a disaster management. On the other hand, in a disaster management process, an understanding of law especially in the context of human rights protection is crucially needed, including in the prior disaster phases, in the emergency-disaster phase, and in the after-disaster phase. If such elements are excluded, it may postpone the implementation of humanitarian aid program and may even be a threat to the victims' rights. This situation is more concretely illustrated in the after disaster phase, where law is needed to protect the vulnerable societies, namely in handling the problem of illegal adoption of an orphan child, child and women trafficking, and violation to marginal groups and discrimination in humanitarian aid distribution. The understanding human rights law in disaster situation will be tested in the field, as it often occurs that the law is not compatible with the situation, or that it is not complete or contrary to the system of law, or the lack of understanding regarding the law. Human rights are the basic rights which must be conferred to everyone. The international law and human rights posted the obligation to the state to protect, respect, and fulfill those rights without discrimination. ASEAN as a Regional International Organization has had the ASEAN Agreement on Disaster Management and Emergency Response and also The ASEAN Coordination Center for Humanitarian in related with disaster management. |