MK Ruling Makes Casualties Key Disaster Indicator, BNPB Responds

RRI.CO.ID, Jakarta- The National Disaster Mitigation Agency (BNPB) has responded to the Constitutional Court’s (MK) ruling that amends the provisions governing indicators for determining the status and level of a national disaster. The agency said it will thoroughly review the ruling and prepare adjustments to disaster mitigation regulations and guidelines.

Acting head of BNPB’s Center for Disaster Data, Information, and Communication, Berton SP Panjaitan, said Constitutional Court Ruling No. 261/PUU‑XXIII/2025, delivered on August 28, 2026, is final and binding.

“The BNPB respects Constitutional Court Ruling No. 261/PUU‑XXIII/2025, which was delivered during a plenary session on August 28, 2026,” Berton said in a press statement in Jakarta on Tuesday, September 1, 2026.

In its ruling, the Court provided a new interpretation of Article 7, paragraph (2), of Law No. 24/2007 on Disaster Mitigation. Previously, the provision listed five indicators. Under the new interpretation, national disaster status is determined based on at least three indicators, with the number of casualties serving as the primary indicator.

The five indicators include the number of casualties, property losses, damage to infrastructure and facilities, the extent of the affected area, and socioeconomic impacts. The Court stated that these indicators no longer need to be fully met to determine national or regional disaster status.

“For determining the status and level of a national disaster, the Court emphasized that at least three indicators must be met, with casualties serving as the primary indicator,” Berton said.

According to the BNPB, understanding the ruling requires more than reading the operative part alone. The agency will examine the Court’s full legal reasoning to ensure that regulatory changes can be implemented operationally in disaster mitigation efforts on the ground.

“The BNPB will certainly study the ruling comprehensively, not only the operative part but also the Court’s full legal considerations, so that the expectations of the Court—and indeed the Indonesian people—regarding accelerated disaster mitigation can be translated into operational practice,” Berton said.

As a follow‑up, the BNPB will adjust various regulations, guidelines, and Standard Operating Procedures (SOPs) related to disaster status determination. These adjustments are expected to create a unified understanding among local administrations, ministries, and central‑level agencies.

“The BNPB will prepare regulatory adjustments in line with the changes mandated by the Constitutional Court’s ruling. This includes guidelines and SOPs that can be understood across all sectors, from local governments to inter‑ministerial and inter‑agency coordination at the national level,” Berton said.

The BNPB emphasized that central government involvement in disaster mitigation does not depend on the declaration of a national disaster.

“One point we must emphasize is that central government intervention in disaster mitigation does not depend on national disaster status,” Berton said.

He cited the response to the earthquake in East Nusa Tenggara (NTT), noting that the BNPB was involved from the emergency response phase through meeting the basic needs of affected communities. Government support included the deployment of personnel, equipment, logistics, funding, and basic services for disaster‑affected residents.

“Government support does not end when the emergency response phase concludes. It continues through the rehabilitation and reconstruction stages,” Berton said.

He added that disaster mitigation data is continuously updated and regularly shared with the public to keep communities informed of response progress. He stressed that changes to disaster status regulations will not alter the BNPB’s core principles in carrying out its duties.

“The safety of the people is the supreme law, and the full strength of the central government and regional administrations will be deployed to ensure it,” Berton said. (Misni Parjiati)