Petitioners attending the preliminary hearing of Case No. 128/PUU-XXIII/2025 on the material judicial review of Law No. 39 of 2008 on the State Ministries as amended by Law No. 61 of 2024 on the Amendment to Law No. 39 of 2008 on State Ministries, Tuesday (12/8). Photo by MKRI/Bay.

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Jakarta (MKRI) – The Constitutional Court (MK) held a material judicial review hearing of Article 23 of Law No. 39 of 2008 on State Ministries on Tuesday, August 12, 2025, at the Panel Courtroom. Petition of Case No. 128/PUU-XXIII/2025 was filed by Viktor Santoso Tandiasa, who requested that the double positions prohibition for ministers also be applied to deputy ministers. Viktor submitted the petition because the government is deemed to have disobeyed the Constitutional Court’s previous decisions and appointed deputy ministers as commissioners in State Owned Enterprises (SOEs).

During the hearing presided over by Justice Arief Hidayat, the Petitioner stated that the phenomenon of double positions by deputy ministers who also hold positions as commissioners in SOEs is prevalent. There are at least thirty deputy ministers who also hold positions as commissioners in SOEs. “Whereas, on August 27, 2020, the Constitutional Court had pronounced Decision No. 80/PUU-XVII/2019 in a public hearing, which, in essence, the Constitutional Court, in its legal consideration, provided arguments that the appointment and dismissal of deputy ministers is similar to that of ministers, hence, they must be treated as officials with similar status.”

“Therefore, all prohibitions of double positions imposed on ministers as stipulated in Article 23 of Law No. 39 of 2008 also apply to deputy ministers. The regulations are intended to enable deputy ministers to focus on their work and provide special attention in the Ministries, hence the need to appoint deputy ministers in several Ministries. If looking at the review object of 80 articles being tested, it is Article 10 of Law No. 39 of 2008, which, in essence, the Petitioner requests that the provision on the existence of deputy ministers be declared unconstitutional,” he said.

In addition, in his petition, the Petitioner also stated that the norm provision of Article 23 of Law No. 39 of 2009, which is not interpreted to include deputy ministers violates the principle of rule of law because it creates just legal uncertainty and principle of equality before eight norms of Article 23 of Law No. 39 of 2008 and contain interpretation as the petitioner’s petitum in the verdict. Such surely becomes constitutional morality for the Constitutional Court in carrying out its role and function as the guardian of the constitution.

The Petitioner requested that, in examining the case, the Court provide legal certainty and encourage improvement in the management of SOEs by mentioning the prohibition of double position firmly in the verdict, as mentioned in the petitum. Therefore, the double position prohibition for deputy ministers is binding and avoids legal uncertainty in the future. This will emanate constitutional morality for the Court in exercising its roles and functions as the guardian of the Constitution. The petitioner argued that it is reasonable for the Court to declare the provision of norms of Article 23 of Law No. 39 of 2008 to contradict Article 1 paragraph (3), Article 17 paragraph (3), and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia.

Responding to the petition, Justice Enny Nurbaningsih advised the petitioner to strengthen his legal standing. “In the legal standing section, because you submitted the case yourself. But there is an issue in legal standing because you mentioned your legal standing, among other things, as an influencer, lawyer, and the other, which, according to the Court, are not directly related. The position of the Indonesian citizen must be highlighted. The constitutional right issue must be strengthened to refute the argument in the explanation of legal standing in paragraph 3.7 of the Decision No. 67,” she stated.

At the end of the hearing, the Court allowed the petitioner to amend his petition. The revised petition must be submitted no later than Monday, August 25, 2025, at 12.00 local time.

Author: Utami Argawati.

Editor: Nur R.

PR: Andhini SF.

Translator: Rizky Kurnia Chaesario

Read more:

Petition No. 128/PUU-XXIII/2025 in Indonesian

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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