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Panel preliminary examination hearing of the judicial review of the State Ministry Law, Monday (28/9) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—A number of deputy ministers in the Onward Indonesia Cabinet are also commissioners in a number of agencies. In the legal considerations of the Constitutional Court Decision No. 80/PUU-XVII/2019, the Court affirmed that the prohibition of double positions for ministers as stipulated in Article 23 of Law No. 39 of 2008 on State Ministries must also apply to deputy ministers. According to the Court, although deputy ministers assist ministers, because the appointment and dismissal of deputy ministers is the prerogative of the president, they must also be treated as state officials just like ministers.

Since appointed on August 27, 2020, several ministers still hold other positions. This drove advocate Viktor Santoso Tandiasa to challenge Article 23 of the State Ministry Law. The preliminary examination hearing of case No. 76/PUU-XVIII/2020 took place on Monday, September 28, 2020. Article 23 of the State Ministry Law reads, “The Minister is prohibited from holding a concurrent position as: a. another state official in accordance with statutory regulations; b. a commissioner or director of a state company or private company; or c. a head of organization financed from the State Budget and/or Regional Budget.”

At the hearing chaired by Constitutional Justice Wahiduddin Adams, the Petitioner’s attorney Yohanes Mahatma Pambudianto explained that even though the Court decided to dismiss the petition No. 80/PUU-XVII/2019, the Petitioner take the Court’s legal considerations the decidendi ratio or legal principle in the current case. As several deputy ministers are also currently commissioners, the Petitioner believes there is conflict of duties, functions, and roles of ministers and other officials under them. The Petitioner, who is also the attorney for the Petitioner of case No. 80/PUU-XVII/2019, the attitude of the president and the Minister of BUMN (State-Owned Enterprises) shows that they do not understand the validity of the Constitutional Court’s decision and that they have displayed disobedience to the legal power of the decision. Therefore, the Petitioner requested that the Court declare Article 23 of the State Ministry Law along the phrase “the minister” constitutional and legally binding insofar as interpreted as “including the deputy minister.”

Legal Standing as Influencer

Constitutional Justice Suhartoyo asked the Petitioner to strengthen his legal standing as an influencer. “As an influencer that always encourages constitutionalism in the state, the scope is very broad. Do you specifically have audience on the (provision) regarding this double position of deputy ministers? This must be proven,” he said. Meanwhile, Constitutional Justice Manahan M. P. Sitompul asked him to elaborate on his legal standing more and explain the relationship between the norm being reviewed and his constitutional loss.

Constitutional Justice Wahiduddin Adams advised the Petitioner to explain his legal standing as an influencer and to convince the Court of his constitutional loss. “Do not make this a means to increase your subscribers. This can harm the Court,” he said. Before concluding the hearing, he informed that the Petitioner was given 14 days to revise the petition. The revised petition is to be submitted by Monday, October 12, 2020 at 13:30 WIB.

Writer: Utami Argawati
Editor: Lulu Anjarsari
PR: Raisa Ayuditha

Translator: Yuniar Widiastuti (NL)

Translation uploaded on 9/30/2020 13:16 WIB

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

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