The Petitioners’ legal counsel presenting the revised petition during the judicial review hearing of the Law on State Ministries, Wednesday (5/14/2025). Photo by MKRI/Panji.

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JAKARTA (MKRI)—Four university students, Petitioners in case No. 35/PUU-XXIII/2025, attended a petition revision hearing for the judicial review of Article 23 letter c of Law No. 39 of 2008 on State Ministries. In the hearing held on Wednesday, May 14, 2025, they presented a comparative study on countries that prohibit ministers from concurrently holding leadership roles in political parties or government positions.

“One of the examples we cited is the Netherlands. Although it adheres to a parliamentary system, a member of parliament appointed as a minister or state secretary is required to relinquish their parliamentary seat. There is a clear separation of powers that allows ministers to focus on their executive roles,” explained the petitioner’s legal counsel, Abu Rizal Biladina.

They also referred to literature published in 2012, which lists several countries applying such restrictions, including Finland, Germany, Poland, Sweden, Ukraine, and South Africa. In some countries, such as former Yugoslav states, elected presidents are required to resign from their political party positions or suspend their membership.

Also read: Students Challenge Ministerial Law over Double Roles in Political Parties

The Petitioners argued that the practice of appointing party executives as ministers leads to unprofessional cabinet appointments, degrading the quality of public services, and violating citizens’ constitutional rights. They believe this situation stems from the legal standing of Article 23 letter c of the Law on State Ministries.

"Many corruption cases involved ministers who doubled as political party official, raising constitutional concerns under Article 27 paragraph (1) of the 1945 Constitution," stated legal counsel Abu Rizal Biladina at the preliminary hearing on Monday, April 28, 2025.

The Petitioners asserted that such dual roles not only impair the checks and balances between the executive and legislative branches but also normalize political pragmatism, which contradicts the role of political parties in upholding constitutional democracy in Indonesia.

The Petitioners argued that Article 23 letter c violates Articles 27(1), 28D(1), and 28H(1) of the 1945 Constitution by fostering political pragmatism, an issue they traced back to the SBY administration, when many ministers concurrently held leadership positions in political parties.

During the Second United Indonesia Cabinet, following the enactment of Law No. 39 of 2008 on State Ministries, six political party leaders, including PKB chairman Muhaimin Iskandar (Cak Imin), were appointed as ministers. This practice continued under President Joko Widodo, who appointed at least nine party leaders to his cabinet, including Gerindra chairman Prabowo Subianto. President Prabowo has followed the same pattern by appointing PAN chairman Zulkifli Hasan and Democratic Party chairman Agus Harimurti Yudhoyono as ministers.

The Petitioners argued that elected presidents often make political compromises with their supporting parties by appointing party leaders as ministers. This practice tends to reinforce ruling coalitions while weakening the role of opposition parties. Political parties that were initially outside the coalition frequently receive ministerial seats once they decide to join the government.

In their petitum, the Petitioners asked the Court to declare Article 23 letter c of Law No. 39 of 2008 on State Ministries, unconstitutional and not legally binding unless it applies to political party executives.

The hearing was presided over by a panel of justices chaired by Justice Enny Nurbaningsih, alongside Justices Daniel Yusmic P. Foekh and Arsul Sani. Before adjourning the hearing, Justice Enny said the panel would report the hearing to the other constitutional justices in a justice deliberation meeting (RPH).

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

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

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