The Constitutional Court Rejects The Minister's Material Test Prohibited From Concurrently Holding Political Party Management

Photo archive - Deputy Chief Justice of the Constitutional Court Saldi Isra/ANTARA PHOTO/Muhammad Adimaja/nz/am.

JAKARTA - The Constitutional Court has decided not to accept judicial reviews regarding ministers being prohibited from holding concurrent positions as administrators of political parties requested by four University of Indonesia students.

"Declaring that the petitioners' petition is unacceptable," said the Chief Justice of the Constitutional Court reading out the verdict Number 35/PUU-XXIII/2025 at the Constitutional Court building as reported by ANTARA, Thursday, July 17.

This application is unacceptable because the applicants do not have legal standing. The petitioners did not show evidence that could explain their connection with the assumption that the loss of constitutional rights was due to the enactment of the norms of the article being tested.

The petitioners, namely Staniley Vira Winata, Kaka Effelyn Melati Sukma, Keanu Leandro Pandya Rasyah who are active students of the UI Faculty of Law, and Keanu Leandro Pandya Rasyah, are active students of the UI Department of Fiscal Administration.

They tested the constitutionality of Article 23 letter c of Law Number 39 of 2008 concerning the Ministry of State which reads "Ministers are prohibited from holding concurrent positions as: organizational leaders financed from the APBN and/or APBD."

According to the petitioners, the article does not contain provisions for prohibiting ministers from serving as administrators of political parties. The prohibition is also not contained in Articles 23 letters a and b of the State Ministry Law.

Therefore, they requested that Article 23 letter c of the State Ministry Law be declared contrary to the constitution and do not have conditionally binding legal force if it is not interpreted as "concluding also the administrators (functions) of political parties."

Deputy Chief Justice of the Constitutional Court, Saldi Isra, said that the applicants could not show direct connection with the implementation of Article 23 letter C of the State Ministry Law with their constitutional rights, both as citizens, students, and activists.

In addition, the Court considered the petitioners to have absolutely no institutional relations with certain political parties.

"Based on all the descriptions of the legal considerations, the assumption that the constitutional rights losses experienced by the applicants are not specific and it is not clear that they are related to the enactment of the law requested for constitutionality testing," said Saldi.