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The Petitioner’s attorney Muhammad Hasan Muaziz at the ruling hearing of the judicial review of Article 10 of Law No. 39 of 2008 on State Ministries, Thursday (27/8) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) decided to dismiss the judicial review petition of Article 10 of Law No. 39 of 2008 on State Ministries. "The Petitioners do not have the legal standing to lodge the a quo petition. The subject of the Petitioners’ petition is legally groundless. The [Court] adjudicated, declares the Petitioners’ petition not accepted," said plenary chairman Chief Constitutional Justice Anwar Usman along with the other constitutional justices in the pronouncement of the Decision No. 80/PUU-XVII/2019 on Thursday, August 27, 2020.

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Petitioner I, Forum on Law and Constitutional Studies (FKHK) chairman Bayu Segara, claimed that his constitutional rights had been infringed on by Article 10 of the State Ministry Law. In 2003 under his leadership the FKHK had succeeded in fighting for the implementation of the Constitutional Court Decision No. 97/PUU-XI/2013. As chairman of the FKHK, he felt compelled to fight for constitutionalism and against the deputy ministerial position, which he believed contradicts the constitutional mandate.

Petitioner II Noval Lailathul Rizky is a law student of Sahid University Jakarta who participates in camps activism. Like Bayu, he also often provides law and government education to his friends and the community. He often receives questions on the deputy ministerial position, the increase of its number despite unclear performance, and the waste of state budget and taxpayers’ money, which is then allocated for the salaries, benefits, and facilities of the deputy ministers, their staff, and their assistants. He had been unable to explain, to peers or the community, the constitutionality of the deputy ministerial position reflected in the Constitutional Court Decisions No. 79/PUU-IX/2011, 1 and 2/PUU-XII/2014, and 97/PUU-XI/2013.

The Court is of the opinion that the president may appoints deputy ministers, regardless of any regulation on it in the State Ministry Law. "Because the president is the [head] of government according to the 1945 Constitution. Regarding the deputy ministerial position, the Court has stated its stance in the Constitutional Court Decision Number 79/PUU-IX/2011 that granted part of the Petitioners’ petition," said Constitutional Justice Manahan M. P. Sitompul reading out the opinion of the Court.

The Court believes the Article 10 of the State Ministry Law is not unconstitutional and affirmed that it stands by this stance. "Therefore, [the Court is of the opinion that] the Petitioners’ argument regarding the unconstitutionality of Article 10 of Law No. 39 of 2008 is irrelevant. However, it is important for the Court to confirm the facts put forward by the Petitioners regarding the absence of a prohibition on the deputy ministerial position, which allows deputy ministers to occupy the position of a commissioner or a director of a state or private company," Justice Manahan said.

The Court stated that even though deputy ministers assist ministers, since their appointment and dismissal is the president’s prerogative not unlike that of ministers, they must also be treated as state officials. Therefore, the prohibition against holding multiple positions, which applies to ministers pursuant to Article 23 of the State Ministry Law, also applies to deputy ministers. (*)

Penulis : Nano Tresna Arfana
Editor : Lulu Anjarsari
Humas : Annisa Lestari
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 8/29/2020 17:11 WIB

Disclaimer: The original version of the news is in Indonesian. In case where any differences occur between the English and the Indonesian version, the Indonesian version will prevail.

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