The Constitutional Court (MK) has stated that the number of victims\nmust be the main indicator in determining national and regional disaster\nstatus.<\/p>\n
This is contained in Constitutional Court Decision Number:\n261\/PUU-XXIII\/2025, which reviewed the constitutionality of the norms in\nArticle 7 paragraphs (2) and (3) of Law Number 24 of 2007 concerning\nDisaster Management.<\/p>\n
\u201cGranting the Petitioners\u2019 request in part,\u201d said Chief Justice\nSuhartoyo when reading the verdict at the Constitutional Court building\nin Jakarta on Friday (28\/8).<\/p>\n
In the decision, the Court also reduced the indicator requirements\nfor determining disaster status to three indicators, from the original\nfive indicators.<\/p>\n
These indicators are the number of victims, property losses, damage\nto infrastructure and facilities, the extent of the area affected by the\ndisaster, and\/or the socio-economic impact caused.<\/p>\n
\u201cIn determining the status and level of national and regional\ndisasters, it is based on the fulfilment of at least three indicators,\nwith the number of victims placed as the main indicator that must be\nmet,\u201d the Court stated.<\/p>\n
In its considerations, the Court assessed that requiring all five\nindicators could hinder and slow down early determination and disaster\nhandling during the emergency response phase. This is because this phase\nis the most critical and concerns the safety of human lives.<\/p>\n
The determination of three indicators, the Court explained, is\nintended to encourage the central government to be immediately present\nin disaster handling.<\/p>\n
\u201cIf a disaster meets three national disaster indicators as referred\nto in the norm of Article 7 paragraph (2) of Law Number 24 of 2007, then\nthe central government must immediately designate it as a national\ndisaster and take over responsibility for its handling from the regional\ngovernment,\u201d said Constitutional Justice Enny Nurbaningsih.<\/p>\n
Furthermore, the Court emphasised that national disaster status is\nnot determined solely based on the extent of the affected area.<\/p>\n
A disaster occurring in a relatively small area can still be\ndesignated as a national disaster if the accumulated impact is\nsignificant and requires the central government to take a primary role\nin its handling.<\/p>\n
The petitioners in this judicial review consisted of five advocates\nnamed Doris Manggalang Raja Sagala, Jonswaris Sinaga, Robinar V.K.\nPanggabean, Amudin Laia, and Roy Sitompul.<\/p>\n
The lawsuit was filed after an ecological disaster occurred on the\nisland of Sumatra in late 2025.<\/p>\n
The lawsuit was filed because the Petitioners viewed that there was a\nlegal vacuum (rechtsvacuum) in the implementation of the Disaster\nManagement Law, where the absence of rules governing clear and detailed\nindicators in classifying a disaster as national or regional had created\nlegal uncertainty for citizens.<\/p>\n
The Petitioners requested that the legal norms governing the\nindicators for determining the status and level of national and regional\ndisasters be immediately issued by the government in the form of a\nGovernment Regulation and its derivative rules.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/constitutional-court-number-of-victims-main-indicator-for-determining-national-disaster-status-1787935910", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }