DPR at MK: Declaration of Disaster Status Not Based Solely on Number of Victims
JAKARTA, KOMPAS.com - The House of Representatives (DPR), represented by Commission III member Sarifuddin Sudding, stated that the declaration of disaster status is not based solely on the number of victims.
In the hearing for Case No. 261/PUU-XXIII/2025 at the Constitutional Court (MK), Sudding revealed that there are four other indicators in the declaration of disaster status as regulated in Law (UU) No. 24 of 2007 on Disaster Management.
“The declaration of disaster status is not based solely on the number of victims, but also encompasses losses to property; damage to facilities and infrastructure; the scope of the affected area; and impacts on social, economic, and national development life,” said Sudding, who attended virtually, on Tuesday (7/4/2026).
The five indicators mentioned in the norm are limitative in nature and must be considered comprehensively, not optionally.
He explained that the mechanism for declaring a state of emergency due to disaster has been designed as a fact-based data process through rapid and accurate assessment by the National Disaster Management Agency (BNPB) and Regional Disaster Management Agencies (BPBD) based on the indicators as objective prerequisites as regulated in Articles 48 and 49 of the Disaster Management Law.
The declaration of a state of emergency due to disaster is a government decision/policy with constitutional dimensions, because it directly implies the command system, mobilisation of resources, use of budgets both from the State Budget (APBN) and Regional Budgets (APBD), as well as the implementation of access facilitations.
“Thus, the declaration of status and level of disaster is a policy decision that must be based on factual data, comprehensive technical analysis, and thorough identification of all indicators that have been determined by the law,” he continued.
However, when forming the Disaster Management Law, the DPR recognised the possibility of dynamics and disaster conditions that require further flexible regulation.
“Therefore, it was agreed that further provisions regarding indicators and procedures for declaring status and levels of disaster would be regulated by Presidential Regulation, as affirmed in Article 7 paragraph (3) of the Disaster Management Law,” said Sudding.
“This delegative regulation is intended to provide a more operational, adaptive, and responsive legal basis in disaster management,” he added.
Previously, seven individuals filed a material judicial review petition against the articles regulating the declaration of national disaster status.
They are Elydya Kristina Simanullang (Petitioner I), Doris Manggalang Raja Sagala (Petitioner II), Jonswaris Sinaga (Petitioner III), Robinar V.K. Panggabean (Petitioner IV), Amudin Laia (Petitioner V), Roy Sitompul (Petitioner VI), and Christian Adrianus Sihite (Petitioner VII).
In Case No. 261/PUU-XXIII/2025, the Petitioners challenged Article 7 paragraphs (2) and (3) of Law (UU) No. 24 of 2007 on Disaster Management against the 1945 Constitution (UUD).