"STATE OF EMERGENCY" PROCLAMATION AUTHORITY IN INDONESIA DISASTER CASE

Abstract

Living in the ring of fire nominates Indonesia to experience natural disasters at any time. Law 24 the Year 2007 concerning Disaster Management regulates the state of emergency's declaration authority during a disaster. The President carried out the declaration for the National scale disaster, by the Governor for Province scale disaster, and the Regent/Mayor for District/City scale disaster. Some experts claim that the distribution of proclamation powers is not accurate. The authority to declare a state of emergency status on any scale must be carried out by the President based on two reasons; First, Indonesia is a unitary state and not a federal state. Second,
the state of disaster declaration has the consequence of legalizing a special aberrant of law in dealing with disasters. The President should only carry out this condition of changing the legal regime as head of state. This paper examines the theory of sovereignty in the context of the unitary government and the idea of 'the state of exception 'in applying emergencies in Indonesia's natural disasters. As a result, it is necessary to measure prescriptions for the President to declare status on all scales in Indonesia to guarantee the rule of law even in a state of emergency conditions.