Indonesian Constitutional Court: Victim numbers key indicator for national disaster status

Indonesia's Constitutional Court (MK) has declared that the number of victims must serve as the primary indicator when determining whether a disaster warrants national or regional status. This significant ruling, stemming from a review of the law on disaster management, aims to streamline the process and ensure a more rapid government response.

The court has reduced the criteria for disaster declaration from five to three key indicators. These are: the number of victims, property loss and damage to infrastructure, and the extent of the affected area or socioeconomic impact. Crucially, the number of victims is now the paramount consideration that must be met.

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Granting the petition in part.

In its deliberation, the MK reasoned that the previous five-indicator system could hinder and delay the timely determination and handling of disasters during the critical emergency response phase. The court emphasized that the most vital aspect of disaster management concerns human lives.

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In determining the status and level of national and regional disasters, it is based on the fulfillment of at least three indicators, with the number of victims being the primary indicator that must be met.

The new three-indicator system is intended to compel the central government to intervene more swiftly. The MK stated that if a disaster meets these three indicators for a national disaster, the central government must promptly declare it as such and assume responsibility for its management from regional authorities.

The ruling also clarified that national disaster status is not solely determined by the geographical area affected. A disaster in a relatively small region can still be declared a national disaster if its cumulative impact is severe and necessitates central government intervention. The case was brought by five lawyers who argued there was a legal vacuum in the existing disaster management law regarding clear and detailed indicators for classifying disasters.

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If a disaster meets the three indicators for a national disaster as stipulated 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 handling from the regional government.