Constitutional Court sets minimum of three indicators for national disaster status
The Constitutional Court (MK) has ruled that the government may declare a national disaster based on the fulfilment of at least three of five indicators, with the number of victims as the primary indicator.
In decision Number 261/PUU-XXIII/2025, read out during a ruling hearing on Friday, the Court partially granted the petition for judicial review of Law Number 24 of 2007 on Disaster Management.
“The ruling partially grants the petitioners’ request,” said Chief Justice Suhartoyo.
In its ruling, the Court declared Article 7 paragraph (2) of Law Number 24 of 2007 on Disaster Management conditionally unconstitutional and without binding legal force.
The Court interpreted the provision to mean that the determination of the status and level of national and regional disasters must include indicators comprising the number of victims, property losses, damage to infrastructure and facilities, the extent of the affected area, and/or the socio-economic impact caused.
“In determining the status and level of a national disaster, it must be based on the fulfilment of at least three indicators, with the number of victims as the primary indicator that must be met,” said Suhartoyo.
The disaster in question resulted in 1,016 deaths and displaced approximately 850,000 people.
In their petition, the petitioners also noted that nearly all factions in the House of Representatives (DPR), as well as several regional heads, had proposed that the floods and landslides in Sumatra be declared a national disaster.
Several regional heads whose areas were affected by the disaster also reportedly admitted that they no longer had the capacity to handle the impact of the disaster in their respective regions.
The central government described the floods and landslides in Aceh, North Sumatra, and West Sumatra as a national priority. The petitioners challenged this term because Article 7 of the Disaster Management Law regulates the determination of national and regional disaster status.
Article 7 paragraph (2) of the Disaster Management Law previously stipulated that the determination of the status and level of national and regional disasters must include indicators of the number of victims, property losses, damage to infrastructure and facilities, the extent of the affected area, and the socio-economic impact caused.
Meanwhile, Article 7 paragraph (3) stipulates that further provisions regarding the determination of disaster status and level as referred to in paragraph (2) shall be regulated by presidential regulation.
In their petition, the petitioners asked the Court to declare Article 7 paragraph (2) unconstitutional insofar as it is not interpreted with clear indicators in determining the status and level of national and regional disasters.
The petitioners also asked the Court to declare Article 7 paragraph (3) unconstitutional insofar as further provisions regarding the determination of disaster status and level are not regulated in a government regulation.