BNPB Responds to Constitutional Court Ruling on National Disaster Status Indicators

The National Disaster Management Agency (BNPB) has spoken out regarding the Constitutional Court (MK) Decision Number: 261/PUU-XXIII/2025 concerning the determination of disaster status, which was read on Friday (28/8).

In the ruling, the Constitutional Court stated, among other things, that the number of casualties must serve as the primary indicator in determining both national and regional disaster statuses.

“This decision provides clarity on how the government determines disaster status, whether on a national or regional scale,” said the Acting Head of the BNPB Centre for Data, Information, and Disaster Communication, Berton SP Panjaitan, in a statement on Sunday (30/8).

The ruling also reduces the required indicators for declaring a disaster status from five down to three.

The original five indicators that had to be met included the number of casualties, property loss, damage to infrastructure, the extent of the affected area, and the social and economic impact.

“Previously, it was understood that all five elements had to be met. Through this ruling, the Court has stated that all five do not necessarily have to be fulfilled,” said Berton.

“Specifically for national disaster status, at least three of those five elements must be met, and the number of casualties must be the primary indicator,” he added.

Berton noted that declaring a disaster status is a critical decision for the state. Therefore, such decisions must be based on accurate data and the actual conditions on the ground.

“BNPB will continue to strengthen rapid assessments, data collection, impact analysis, and the assessment of regional capabilities. All of this will serve as the basis for the government in making decisions,” he said.

Berton stated that national disaster status is not the only gateway for the central government to assist regions. The central government can still deploy personnel, equipment, logistics, funding, and technical support according to needs and authority.

“This means that a disaster not designated as a national disaster does not mean it will not be handled by the central government. The priority is that the affected community immediately receives protection, rescue, basic needs, services, and recovery,” he said.

Furthermore, Berton mentioned that BNPB will study the Constitutional Court’s ruling thoroughly and then adjust the necessary guidelines and working procedures. These adjustments will be made in coordination with ministries, agencies, and regional governments according to their respective authorities.

Berton added that BNPB will also strengthen coordination to ensure that assessment and data collection methods are uniform, transparent, and accountable.

“This ruling reaffirms that the safety of the community is the primary goal of disaster management. The response must be swift, and at the same time, remain based on clear legal frameworks,” he said.

“BNPB invites regional governments, the business community, the public, academics, the media, civil society organisations, and humanitarian partners to work together to strengthen the nation’s resilience in facing disasters,” he added.

Previously, the Constitutional Court stated that the number of casualties must be the primary indicator in determining national and regional disaster status. This was contained in Constitutional Court Decision Number: 261/PUU-XXIII/2025, which tested the constitutionality of the norms in Article 7, paragraphs (2) and (3) of Law Number 24 of 2007 concerning Disaster Management.

“Granting the Petitioners’ application in part,” said the Chief Justice of the Constitutional Court, Suhartoyo, while reading the verdict at the Constitutional Court building in Jakarta on Friday (28/8).

In the ruling, the Court also reduced the required indicators for declaring disaster status from five to three.

In its considerations, the Court assessed that requiring all five indicators could hinder and delay early determination and disaster handling during the emergency response phase, as this is the most critical phase involving human lives.

The determination of these three indicators, the Court explained, is intended to encourage the central government to respond immediately to disaster management.

“If a disaster meets the three indicators for a national disaster as intended by the norm in Article 7, paragraph (2) of Law Number 24 of 2007, then the central government must immediately declare it a national disaster and take over the responsibility for its management from the regional government,” said Constitutional Court Judge Enny Nurbaningsih.

Furthermore, the Constitutional Court emphasised that national disaster status is not determined solely by the size of the affected area.

A disaster occurring in a relatively small area can still be declared a national disaster if the cumulative impact is significant and requires the central government to take a leading role in its management.