Abstract
General Background: The designation of national disaster status in Indonesia remains subject to differing applications because clear and measurable criteria have not been established. Specific Background: Law Number 24 of 2007 provides indicators including the number of casualties, property losses, infrastructure damage, affected area, and social and economic consequences. Knowledge Gap: The existing framework does not specify measurable thresholds for these indicators, while previous studies have not specifically examined the uncertainty arising from differences in designation across major disaster events. Aims: This study analyzes the criteria for determining national disaster status under Law Number 24 of 2007 by comparing several major disaster events in Indonesia. Results: Using normative legal research with statutory and legal politics approaches, the study finds that designation is not determined solely by statutory indicators but also involves considerations such as local government capacity, governmental conditions, coordination, and policy considerations. Comparative analysis of Aceh, Yogyakarta, Sidoarjo, Palu, and Sumatra demonstrates differences in the application of statutory indicators. Novelty: The study examines the lack of measurable criteria through comparative analysis of major disaster events and highlights the need for further regulation under Article 7 paragraph (3). Implications: Clearer and measurable criteria through a Presidential Regulation are needed to provide greater legal certainty and consistency in determining national disaster status.
Key Findings Highlights
The Aceh 2004 case is presented as consistent with the indicators established under Article 7 paragraph (2).
Comparative cases reveal differences in the application of the statutory indicators across major events.
The study proposes clearer measurable benchmarks through a Presidential Regulation under Article 7 paragraph (3).
Keywords : National Disaster, Disaster Status Determination, Disaster Management, Legal Certainty, Disaster Indicators