The Petitioners accompanied by their legal counsel Abu Rizal Biladina presenting the main points of the petition at the judicial review hearing of Law No. 39 of 2008 on State Ministries, Monday (4/28/2025). Photo by MKRI/Panji.

---

JAKARTA (MKRI) — Four university students filed a judicial review of Article 23 letter c of Law No. 39 of 2008 on State Ministries with the Constitutional Court, arguing that the practice of ministers concurrently serving as executives of political parties has led to the appointment of unprofessional ministers, undermining quality public service and violating their constitutional rights.

"The ministers involved in corruption cases are mostly those who also hold posts in political parties, which is against Article 27 paragraph (1) of the 1945 Constitution," said the Petitioners' legal counsel Abu Rizal Biladina at the preliminary hearing of case No. 35/PUU-XXIII/2025 on Monday (4/28/2025) in the Courtroom of the Constitutional Court in Jakarta.

The Petitioners claimed that such dual roles not only weaken the checks and balances between the executive and legislative branches but also encourage political pragmatism, thus betraying the constitutional and democratic values political parties are supposed to uphold.

They argued that the provision violates Articles 27(1), 28D(1), and 28H(1) of the 1945 Constitution due to political pragmatism undermining the democratic foundations and the rule of law. They pointed to a normalization of this practice dating back to the administration of President Susilo Bambang Yudhoyono, when several political party leaders were appointed as ministers.

For instance, during the Second United Indonesia Cabinet, six political party executives became ministers, including PKB Chairman Muhaimin Iskandar. Under President Joko Widodo, the number rose to nine, including Gerindra Chairman Prabowo Subianto. President Prabowo Subianto has since followed the same path, appointing party leaders such as PAN Chairman Zulkifli Hasan and Democrat Chairman Agus Harimurti Yudhoyono to ministerial positions.

The Petitioners believe that such political compromises made by successive presidents with their supporting parties have gradually eroded the role of opposition, as non-supporting parties often join the coalition in exchange for ministerial posts.

In their petitum, the Petitioners requested the Court to declare Article 23 letter c of Law No. 39 of 2008 on State Ministries, conditionally unconstitutional unless interpreted to also prohibit political party executives from holding ministerial office.

The hearing was presided over by Constitutional Justice Enny Nurbaningsih alongside Justices Daniel Yusmic P. Foekh and Arsul Sani. Justice Arsul urged the Petitioners to strengthen the argument on the constitutional harm caused by the norm and clarify their legal standing.

"Why can’t members of the House carry out their oversight duties just because ministers hold dual posts?" he asked.

Justice Daniel suggested that the Petitioners elaborate on comparative practices in countries with similar systems concerning ministerial appointments.

Before adjourning the hearing, Justice Enny allowed the Petitioners 14 days to revise the petition. The revised petition must be submitted to the Court no later than Wednesday, May 14, 2025. 

Author: Mimi Kartika
Editor: Lulu Anjarsari P.
PR: Andhini S.F.
Translator: Yuanna Sisilia

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

---