Constitutional Court Judge Questions Government on Indicators for Declaring National Disaster Status

JAKARTA - Constitutional Court (MK) Judge Enny Nurbaningsih has questioned the government regarding the indicators for declaring national or regional disaster status. This stems from her observation that detailed criteria for designating a national disaster status are further regulated through a presidential regulation (Perpres). However, Article 7 paragraph (2) of Law No. 24 of 2007 on Disaster Management already stipulates five indicators for determining the status and level of national and regional disasters. “If you read Article 7 paragraph (2) of the Disaster Management Law, there are five indicators, and they are cumulative in nature. So, cumulative from the number of victims, loss of property, damage to infrastructure (facilities and infrastructure), the scope of the affected area, and the social-economic impacts caused,” Enny stated during the hearing of Case No. 261/PUU-XXIII/2025 on Tuesday (7/4/2026). “This is further regulated through a presidential regulation. I looked through the presidential regulation and couldn’t find what the actual criteria for these indicators are that determine a national disaster? Then a provincial disaster, a disaster at the regency/city level,” she continued. “So that we can precisely understand how these five indicators work to determine the level of the disaster,” Enny added. A similar question was raised by Constitutional Court Judge Arsul Sani. He referred to the floods and landslides in three provinces in Sumatra where the disaster status is unclear. Despite the Disaster Management Law providing five indicators for determining disaster status that the government can use as a reference. “For example, taking the most recent natural disaster in three provinces: Aceh, North Sumatra, and West Sumatra, right? If I follow the President’s statement, it was indeed not declared a national disaster,” Arsul said. “But then the question is, was it declared a regional disaster? Well, that’s not heard either, because it’s not declared a national disaster. So, does that mean its status as a regional disaster isn’t either?” he continued. Because once again, the Disaster Management Law regulates indicators for determining disaster status. “So, what is it like? To ensure clarity, legal certainty, and I think that’s part of what the Petitioner is actually seeking,” Arsul stated.