Legal Framework for Determining National Disaster Status in Indonesia

Executive Summary

Indonesia's legal framework for determining national disaster (bencana nasional) status is established primarily through Law No. 24 of 2007 on Disaster Management and Government Regulation No. 21 of 2008 on Disaster Management Implementation. This framework creates a tiered system where the President determines national-scale disasters, Governors handle provincial emergencies, and Regents/Mayors manage district-level crises. Once disaster status is declared, emergency agencies receive extraordinary powers across nine categories including resource deployment, procurement, and command authority.

Background: Indonesia's Disaster Management Framework

Indonesia enacted Law No. 24 of 2007 (UU 24/2007) as the primary legal instrument for disaster management. This law establishes a comprehensive framework covering pre-disaster preparedness, emergency response, and post-disaster recovery. The National Disaster Management Agency (Badan Nasional Penanggulangan Bencana or BNPB) serves as the coordinating body at the national level, with Regional Disaster Management Agencies (BPBD) at provincial and district levels.

Government Regulation No. 21 of 2008 (PP 21/2008) implements the disaster management law, providing detailed operational procedures for emergency response. Together, these two regulations form the core legal basis for determining when a disaster reaches national status and what powers are activated during such emergencies.

Definition of Disaster Emergency Status

The law provides a specific definition of what constitutes disaster emergency status. According to Article 1 paragraph 19 of UU 24/2007:

"Status keadaan darurat bencana adalah suatu keadaan yang ditetapkan oleh Pemerintah untuk jangka waktu tertentu atas dasar rekomendasi Badan yang diberi tugas untuk menanggulangi bencana."

This provision establishes that disaster emergency status is a condition determined by the Government for a specific period based on recommendations from the agency assigned to handle disasters (BNPB). The time-limited nature ensures that emergency powers do not extend indefinitely.

Authority to Determine Disaster Status

The law clearly assigns government authority for disaster status determination. Article 7 paragraph 1 letter c of UU 24/2007 states:

"Wewenang Pemerintah dalam penyelenggaraan penanggulangan bencana meliputi: c. penetapan status dan tingkatan bencana nasional dan daerah."

This grants the Government authority to determine both national and regional disaster status and levels. The provision creates a hierarchical system where different government levels handle disasters according to their scale and impact.

Five Indicators for Status Determination

The law specifies five indicators that must be assessed when determining disaster status. Article 7 paragraph 2 of UU 24/2007 lists these criteria:

"Penetapan status dan tingkat bencana nasional dan daerah sebagaimana dimaksud pada ayat (1) huruf c memuat indikator yang meliputi: a. jumlah korban; b. kerugian harta benda; c. kerusakan prasarana dan sarana; d. cakupan luas wilayah yang terkena bencana; dan e. dampak sosial ekonomi yang ditimbulkan."

These five indicators provide an objective basis for disaster classification: (1) number of casualties, (2) property losses, (3) damage to infrastructure and facilities, (4) extent of affected area, and (5) socioeconomic impact. The assessment considers both immediate harm and broader economic disruption.

Tiered Authority Structure

The implementing regulation specifies which official has authority to declare disaster status at each government level. Article 51 of UU 24/2007 and Article 23 of PP 21/2008 establish the tiered structure:

"(1) Penetapan status darurat bencana dilaksanakan oleh pemerintah sesuai dengan skala bencana. (2) Penetapan sebagaimana dimaksud pada ayat (1) untuk skala nasional dilakukan oleh Presiden, skala provinsi dilakukan oleh gubernur, dan skala kabupaten/kota dilakukan oleh bupati/walikota."

Under this system, the President declares national-scale disasters, Governors declare provincial emergencies, and Regents or Mayors handle district and city-level disasters. This tiered approach ensures appropriate response levels match disaster magnitude.

Nine Categories of Emergency Access

Once disaster status is declared, emergency agencies receive facilitated access across nine operational categories. Article 50 of UU 24/2007 specifies:

"Dalam hal status keadaan darurat bencana ditetapkan, Badan Nasional Penanggulangan Bencana dan badan penanggulangan bencana daerah mempunyai kemudahan akses yang meliputi: a. pengerahan sumber daya manusia; b. pengerahan peralatan; c. pengerahan logistik; d. imigrasi, cukai, dan karantina; e. perizinan; f. pengadaan barang/jasa; g. pengelolaan dan pertanggungjawaban uang dan/atau barang; h. penyelamatan; dan i. komando untuk memerintahkan sektor/lembaga."

These powers enable rapid response: deployment of personnel, equipment, and logistics; expedited immigration, customs, and quarantine procedures; simplified licensing; emergency procurement; flexible financial management; rescue operations; and command authority over other agencies.

Command Authority and Emergency Commander

The implementing regulation establishes a unified command structure during emergencies. Article 47 of PP 21/2008 states:

"(1) Dalam status keadaan darurat Kepala BNPB atau kepala BPBD sesuai dengan kewenangannya mempunyai kemudahan akses berupa komando untuk memerintahkan sektor/lembaga dalam satu komando."

The Head of BNPB (at national level) or Head of BPBD (at regional level) receives command authority to direct other sectors and institutions. They may also appoint an Emergency Response Commander to coordinate field operations, creating a clear chain of command during crisis situations.

Emergency Procurement Procedures

During disaster emergency status, procurement rules are significantly relaxed. PP 21/2008 allows direct purchase of goods and services without standard competitive bidding requirements. This expedited procurement applies to search and rescue operations, emergency assistance, evacuation, water and sanitation, food, clothing, health services, and temporary shelter.

The regulations require that procurement remain efficient and appropriate to emergency conditions. Approvals may be given orally and followed by written confirmation within 72 hours, enabling rapid response while maintaining accountability.

Ready-Use Funds (Dana Siap Pakai)

The disaster management framework includes provisions for ready-use emergency funds. BNPB maintains dana siap pakai in its budget for immediate deployment during emergencies. Regional BPBDs may also allocate such funds in their regional budgets.

These funds can be disbursed directly to disaster-affected areas based on priority needs. BPBD recipients must report to their regional heads and submit accountability reports to BNPB within three months of receiving funds.

Foreign Assistance During Emergencies

The legal framework addresses international assistance during disasters. Foreign personnel assisting with emergency response receive expedited visa, entry permit, limited stay permit, and exit processes. Equipment and logistics from abroad receive customs duty exemptions and simplified quarantine procedures.

All foreign assistance requires BNPB recommendation and coordination. International personnel must report to immigration authorities upon entering Indonesia and operate only in designated disaster areas as determined by BNPB or regional BPBD.

Rapid Assessment Requirements

Before determining disaster status, a rapid assessment must be conducted. PP 21/2008 requires assessment teams to identify the scope of disaster location, number of victims, infrastructure damage, disruption to public services and government functions, and available natural and man-made resources.

The Head of BNPB or BPBD assigns rapid assessment teams based on disaster scale. Assessment findings inform the status determination and guide emergency response priorities.

Emergency Response Operations

The framework structures emergency response around command posts. During disaster emergency status, the Emergency Response Commander activates and upgrades operations control centers into emergency command posts. These posts coordinate, control, monitor, and evaluate emergency response activities.

Field command posts may be established at disaster locations to conduct direct emergency handling. Information from field posts flows to main command posts for decision-making.

Protection of Vulnerable Groups

The regulations prioritize protection for vulnerable populations during emergencies. Article 53 of PP 21/2008 mandates priority assistance for disaster victims with serious injuries and vulnerable groups including infants, children, pregnant or nursing women, persons with disabilities, and the elderly.

Protection efforts include rescue, evacuation, security, health services, and psychosocial support. Relevant agencies coordinate these efforts under BNPB or BPBD direction.

Restoration of Vital Infrastructure

Emergency response includes rapid restoration of essential infrastructure. The framework mandates immediate repairs to vital facilities to maintain community life during emergencies. Restoration work is coordinated by BNPB or BPBD with relevant sector agencies.

Implementation: Who Does What

At the national level, the President declares national disaster status based on BNPB recommendations. BNPB then exercises command authority and coordinates emergency response across ministries and agencies.

At the provincial level, the Governor declares provincial emergencies and BPBD coordinates regional response. District and city emergencies follow the same pattern with Regents/Mayors and local BPBDs.

All levels may request assistance upward when resources are insufficient. Districts may request provincial support, provinces may request national support, and the national government coordinates international assistance when needed.

Conclusion

Indonesia's legal framework for national disaster status determination provides clear authority structures, objective assessment criteria, and extensive emergency powers. UU 24/2007 and PP 21/2008 establish a comprehensive system where disaster scale determines which government level responds and what powers are activated. The five indicators (casualties, property loss, infrastructure damage, affected area, and socioeconomic impact) provide objective criteria for status determination. Once declared, emergency status unlocks nine categories of facilitated access enabling rapid response to protect lives and restore affected communities.

Legal Basis:

Disclaimer

This article was AI-generated under an experimental legal-AI application. It may contain errors, inaccuracies, or hallucinations. The content is provided for informational purposes only and should not be relied upon as legal advice or authoritative interpretation of regulations.

We accept no liability whatsoever for any decisions made based on this article. Readers are strongly advised to:
- Consult the official regulation text from government sources
- Seek professional legal counsel for specific matters
- Verify all information independently

This experimental AI application is designed to improve access to regulatory information, but accuracy cannot be guaranteed.

Disclaimer

This article was AI-generated under an experimental legal-AI application. It may contain errors, inaccuracies, or hallucinations. The content is provided for informational purposes only and should not be relied upon as legal advice or authoritative interpretation of regulations.

We accept no liability whatsoever for any decisions made based on this article. Readers are strongly advised to:

• Consult the official regulation text from government sources
• Seek professional legal counsel for specific matters
• Verify all information independently

This experimental AI application is designed to improve access to regulatory information, but accuracy cannot be guaranteed.