The Government's Commitment To Execute The Constitutional Court's Decision On The Multiple Positions Of Deputy Ministers Is Doubted

Photo Certificate: Illustration of the concurrent position of Deputy Minister prohibited by the Constitutional Court.(Ist)

JAKARTA BUMN observer, Herry Gunawan doubts the government's commitment to implementing the Constitutional Court's (MK) decision which reiterated the prohibition for deputy ministers (wamen) to hold concurrent positions as commissioners in state-owned companies.

The reason is, this is not the first time the Constitutional Court has issued a similar decision. In 2019, the Constitutional Court has decided that the ban on concurrent positions that apply to ministers also applies to deputy ministers, in accordance with the Constitutional Court's Decision No. 80/PUU-XVII/2019.

"In fact, the Constitutional Court's decision was not obeyed, it even seemed challenging by appointing 30 Deputy Ministers as Commissioners of SOEs in 2025," said Herry, Sunday, August 31, 2025.

According to him, this action shows that there is no good intention from the government or Danantara (as a BUMN shareholder) to implement good governance and consider the Constitutional Court's decision like the last wind.

He also criticized the DPR's stance, which only saw this violation. Herry suspects that DPR members are reluctant to speak up because they are already employed' with various allowances from the government, including home allowances, positions, and pensions.

"That's why I doubt that the Constitutional Court's decision will be carried out by the government. The proof already exists, namely the 2019 Constitutional Court's decision which was ignored, and the DPR was silent. Moreover, the Constitutional Court's decision will only take effect in the next two years," he explained.

As is known, the Constitutional Court explicitly 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 affirmation is contained in the Constitutional Court's decision for Case Number 128/PUU-XXIII/2025 which was read out in a verdict hearing at the Plenary Courtroom in Jakarta, Thursday, August 28, 2025.