The Constitutional Court Gives 2 Years The Government Follows Up On The Decision Of The Deputy Minister Prohibited From Multiple Positions

Chief Justice of the Constitutional Court Suhartoyo (central) together with Deputy Chief Justice of the Constitutional Court Saldi Isra (left second), members Daniel Yusmi, Arief Hidayat (right second), and Enny Nurbaningsih/ANTARA PHOTO/Asprilla Dwi Adha/nz

JAKARTA - The Constitutional Court (MK) has given the government two years to follow up on Decision Number 128/PUU-XXIII/2025 which prohibits deputy ministers (wamen) from holding concurrent positions.

Constitutional Justice Enny Nurbaningsih in the trial said the grace period was given to avoid legal vacuum or uncertainty in implementing the Constitutional Court's decision.

"The Court sees the need to provide a grace period for the government to make adjustments to the provisions for the prohibition of concurrent positions of the deputy minister. Therefore, the Court considers that the adjustment period is no later than two years after the quo decision is pronounced," he said as quoted by ANTARA, Thursday, August 28.

According to the Court, the two years were sufficient to make changes to the position that had been occupied by the deputy minister.

"Thus, there is sufficient and sufficient time for the government to replace the concurrent position by people who have expertise and professionalism in managing state companies in accordance with the provisions of the legislation," said Enny.

The Constitutional Court granted some of the applications submitted by advocate Viktor Santoso Tandiasa. Viktor and online motorcycle taxi driver Didi Supandi requested the case.

In its ruling, the Court explicitly included the phrase deputy minister' into the norms of Article 23 of Law Number 39 of 2008 concerning the Ministry of State which initially contained only a ban on concurrent positions for ministers.

Through this decision, the Constitutional Court interprets Article 23 of the State Ministry Law as:

"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."

Regarding the decision, two judges expressed different opinions (dissenting opinions), namely Constitutional Justices Daniel Yusmic P. Foekh and Arsul Sani.