Constitutional Court Ruling Alters National Disaster Regulations, BNPB Responds

Jakarta, VIVA – The National Disaster Management Agency (BNPB) has emphasised that the central government can still intervene to assist disaster-affected regions even if a disaster is not officially declared a national disaster.

This clarification follows the Constitutional Court’s (MK) reading of Decision Number 261/PUU-XXIII/2025 on Friday, 28 August 2026. The ruling provides clarity regarding the mechanism for determining disaster statuses, both at the national and regional levels.

“BNPB respects the Constitutional Court’s decision and will study it thoroughly to subsequently adjust the necessary guidelines and working procedures,” said the Acting Head of the BNPB Centre for Disaster Data, Information, and Communication, Berton SP Panjaitan, as quoted on Sunday, 30 August 2026.

In its explanation, BNPB asserted that a national disaster status is not the sole basis for the central government to provide assistance to regions facing disasters. The central government can still deploy personnel, equipment, logistics, funding, and technical support according to needs and authority.

Consequently, a disaster that is not designated with national status does not mean the central government will abandon its responsibilities. Protecting affected communities remains the priority.

According to the BNPB, victims of disasters must immediately receive rescue efforts, basic necessities, services, and support for the recovery process.

In its ruling, the Constitutional Court also introduced changes to the interpretation of several indicators used by the government to determine disaster status. Previously, there were five indicators considered: the number of casualties, property losses, damage to infrastructure, the extent of the affected area, and social and economic impacts.

These five indicators were previously understood to need to be met in their entirety. However, through its ruling, the Court stated that these five indicators do not all have to be met.

For the determination of a national disaster status, at least three of the five indicators must be met, with the number of casualties remaining a mandatory primary indicator.

BNPB considers the determination of disaster status to be a critical state decision that must be based on accurate data and real conditions on the ground. Therefore, BNPB will continue to strengthen the processes of rapid assessment, data collection, impact analysis, and the evaluation of regional capacities in handling disasters.

The resulting data and study findings will serve as the basis for the government in determining response measures and declaring disaster statuses.