MK Bans Deputy Minister From Multiple Positions

Chairman of the Constitutional Court (MK) Suhartoyo together with Deputy Chief Justice of the Constitutional Court Enny Nurbaningsih /ANTARA PHOTO / Rivan Awal Lingga / sgd

JAKARTA - The Constitutional Court prohibits deputy ministers from carrying out the practice of concurrent positions, as ministers do, so that they focus on managing the ministry that is mandated to them.

This was stated in the legal consideration of the Court in Decision Number 128/PUU-XXIII/2025 which was read out by Constitutional Justice Enny Nurbaningsih at the Constitutional Court (MK), Jakarta, Thursday, August 28.

"The ban on concurrent positions for deputy ministers is based on the consideration that as state officials, deputy ministers must focus on workloads that require special handling in the ministry," said Enny as quoted by ANTARA.

As for the decision, the Court granted part of the application submitted by advocate Viktor Santoso Tandiasa.

The Constitutional Court prohibits deputy ministers (wamen) from holding concurrent positions as other state officials, commissioners or directors of state or private companies, or organizational leaders financed by the APBN or APBD.

The Constitutional Court explicitly includes the phrase "deputy minister" in the norms of Article 23 of Law Number 39 of 2008 concerning the Ministry of State which initially only contained a ban on concurrent positions for ministers.

Enny explained, this decision has a root in the legal considerations of the Court in Decision Number 80/PUU-XVII/2019. In the previous decision, the Constitutional Court had actually clearly and firmly stated that the prohibition of concurrent positions that apply to the minister also applies to the deputy minister.

According to the Court, as with the verdict, legal considerations actually have a binding legal position because it is part of a final decision.

"In this regard, the legal considerations referred to should be followed up since the pronunciation of the Constitutional Court's Decision Number 80/PUU-XVIl/2019," said Enny.

However, in fact, after Decision Number 80/PUU-XVIl/2019 was pronounced in August 2020, there were still vice ministers who held concurrent positions, including being commissioners of state-owned companies. This is what Viktor argued in his petition.

With regard to this argument, the Constitutional Court said that the prohibition of concurrent positions of Deputy Ministers as commissioners of SOEs was in line with the norms of Article 33 letter b of Law Number 19 of 2003 concerning SOEs whose substance was still accommodated in the latest BUMN Law which was passed earlier this year.

"Therefore, it is important for the Court to emphasize in the amar decision quo (this) the prohibition of concurrent positions for deputy ministers including as commissioners, as is the case for ministers to focus on handling ministry affairs," said Enny.

On the other hand, the Constitutional Court also mentioned the Regulation of the Minister of SOEs Number PER-3/MBU/03/2023 of 2023 concerning SOE Organs and Human Resources.

In the candy, one of the requirements for someone to be appointed as a board of commissioners/supervisors of BUMN or its subsidiary is to be able to provide sufficient time to carry out their duties.

"Moreover, the regulation prohibits concurrent positions because it is also related to the principles of state administration that are clean, free from conflicts of interest, as well as the implementation of good governance," explained Enny.

Based on these considerations, the Court granted Viktor's request for part. Viktor and online motorcycle taxi driver Didi Supandi requested that Didi be unbiased.

The Constitutional Court stated that Article 23 of the Law of the Ministry of State is contrary to the 1945 Constitution of the Republic of Indonesia and does not have conditionally binding legal force as long as it is not interpreted:

"Ministers and deputy 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. heads of organizations financed from the APBN and/or APBD."