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JAKARTA, MKRI – The Constitutional Court of the Republic of Indonesia (MK) has postponed the hearing of Case Number 261/PUU-XXIII/2025 concerning the judicial review of Article 7 paragraphs (2) and (3) of Law Number 24 of 2007 on Disaster Management until Thursday, February 26, 2026, at 10:00 a.m. WIB. The postponement followed a request from the President/Government and the House of Representatives (DPR), who sought a delay of the hearing originally scheduled for Thursday (February 12, 2026), which was set to hear the statements of the DPR and the President.

“Both parties have requested a postponement because they are not yet ready to present their statements. Therefore, the Panel of Justices has decided to grant this postponement to Thursday, February 26, 2026, at 10:00 a.m. WIB,” said Chief Justice Suhartoyo in the MK Plenary Courtroom, Jakarta.

However, he emphasized that the President/Government and the DPR must promptly submit their statements and refrain from seeking any further delay.

“To the DPR and the Government, please ensure your statements are delivered. Do not request another postponement—this is the last opportunity, so it should be maximized,” Suhartoyo said.

Also read:

Five Lawyers Challenge Provisions on the Determination of National Disaster Status

As information, the petitioners in this case 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). The judicial review stems from flood and landslide disasters in Aceh, North Sumatra, and West Sumatra that were not designated as national disasters.

As of December 15, 2025, the disasters had claimed 1,016 lives and displaced approximately 850,000 people. Despite the scale of the devastation, the Government did not declare the events a national disaster. In fact, proposals to designate the floods and landslides in Aceh, North Sumatra, and West Sumatra as a national disaster were reportedly supported by nearly all factions in the DPR, as well as several regional heads. Some local leaders in the affected regions acknowledged that they no longer had the capacity to manage the disaster’s impact in their respective areas.

Instead of declaring the disasters in North Sumatra, West Sumatra, and Aceh as a national disaster, the Government referred to them as a “national priority.” According to the Petitioners, the term “national priority” is not recognized under the Disaster Management Law, as Article 7 of Law No. 24/2007 regulates only the determination of national and regional disaster status. The Government’s use of the term “national priority,” the Petitioners argue, is more akin to a development project classification that does not directly focus on disaster victims, particularly when more than a thousand fatalities have already been recorded and the number may continue to rise.

Article 7 paragraph (2) and paragraph (3) of Law No. 24 of 2007 provide:
“Paragraph (2): The determination of the status and level of national and regional disasters as referred to in paragraph (1) letter c shall include indicators comprising:
a. number of victims;
b. property losses;
c. damage to infrastructure and facilities;
d. the geographic scope of the affected area; and
e. the resulting socio-economic impact.

Paragraph (3): Further provisions regarding the determination of disaster status and level as referred to in paragraph (2) shall be regulated by Presidential Regulation.”

The Petitioners request the Court to declare Article 7 paragraph (2) of the Disaster Management Law contrary to the 1945 Constitution and therefore lacking binding legal force insofar as it is not interpreted to mean: “The determination of the status and level of national and regional disasters as referred to in paragraph (1) letter c shall include indicators, among others: a. number of victims; b. property losses; c. damage to infrastructure and facilities; d. the geographic scope of the affected area; and e. the resulting socio-economic impact.”

They further request the Court to declare Article 7 paragraph (3) of the Disaster Management Law contrary to the 1945 Constitution and lacking binding legal force insofar as it is not interpreted to mean: “Further provisions regarding the determination of disaster status and level as referred to in paragraph (2) shall be regulated by Government Regulation.”

 

Explore the Case: Petition Number 261/PUU-XXIV/2026

Author               : Mimi Kartika
Editor                 : Lulu Anjarsari P.
Public Relations: Andhini S.F.
Translator          : SO

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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