JAKARTA - The applicant for judicial review at the Constitutional Court with the main application asking the deputy minister (wamen) to be banned from holding concurrent positions is increasing in number.
Most recently, advocate Viktor Santoso Tandiasa officially registered his application with the Constitutional Court on Monday. Viktor asked the Constitutional Court to include a ban on concurrent positions explicitly on the verdict, not only in legal considerations.
Viktor explained that he tested the constitutionality of Article 23 of Law Number 39 of 2008 concerning the Ministry of State as amended by Law Number 61 of 2024 concerning Amendments to Law Number 39 of 2008 concerning the Ministry of State.
"In essence, we ask that the deputy minister be emphasized in the ruling to be prohibited, just like the minister, not to hold concurrent positions, one of which is as a commissioner of SOEs," Viktor said as quoted by ANTARA, Monday, July 28.
Article 23 of the Law of the Ministry of State reads 'Ministers are prohibited from holding concurrent positions as: a. other state officials in accordance with statutory regulations; b. commissioners or directors of state companies or private companies; or c. organizational leaders financed from the APBN and/or APBD.'
Meanwhile, in the consideration of Decision Number 80/PUU-XVII/2019, the Court stated that the appointment and dismissal of the deputy minister was the prerogative of the President, like a minister.
Therefore, according to the Constitutional Court, the Deputy Minister must also be placed as an official as well as the status given by the minister to the minister.
With this status, the Constitutional Court considers that all restrictions on concurrent positions that apply to ministers in Article 23 of the State Ministry Law apply to the Deputy Minister.
Even so, the Constitutional Court did not include this affirmation in the verdict because the applicants for Case Number 80/PUU-XVII/2019 did not have legal standing so the application could not be accepted.
Through this application, Viktor as the applicant felt that the Constitutional Court needed to contain an affirmation of the prohibition of concurrent positions of the deputy minister in the verdict. He admitted that he suffered constitutional losses as a community due to the absence of affirmation.
Viktor highlighted that there are still vice ministers who concurrently serve as commissioners of SOEs. In fact, he said, the position of commissioner must be held by competent people in their fields because they must supervise and provide consideration and advice to the company's directors.
"When the commissioner is concurrently with the deputy minister, he does not focus on carrying out his functions, be it giving advice, considerations on the board of directors in making decisions in managing SOEs, and also not supervising them optimally," he said.
In his petitum, Viktor asked the Constitutional Court to state that Article 23 of the State Ministry Law is conditionally contrary to the constitution and does not have binding legal force if it is not interpreted as Minister and deputy minister are prohibited from holding concurrent positions....
Before Viktor, the founder of Law Pinterest Ilhan Fariduz Zaman and legal activist A. Fahrur Rozi also submitted a similar request.
The two applicants submitted a request for judicial review of Article 23 of the Law of the Ministry of State and Article 27B and Article 56B of Law Number 19 of 2003 concerning SOEs.
Ilhan and Fahrur asked the Constitutional Court to state the phrase minister' in Article 23 of the Law of the Ministry of State contrary to the constitution and not to have binding legal force as long as it is not interpreted as minister and deputy minister.
As for Article 27B and Article 56B of the BUMN Law, it prohibits concurrent positions of the BUMN board of commissioners. They asked the Constitutional Court to expand the ban, including being prohibited from concurrently holding structural and functional positions in ministries of central government institutions and local governments.
Viktor's application is currently still at the registration stage and does not yet have a case number, while Ilhan and Fahrur's applications have been registered as Case Number 118/PUU-XXIII/2025.
Previously, the Constitutional Court had also submitted a case decision with the same main petition, namely Case Number 21/PUU-XXIII/2025. However, the Constitutional Court stated that the application could not be accepted because the applicant, Juhady Rizaldy Ruringkon, had no legal standing because he died before the case was decided.
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