The Petitioner for case No. 224/PUU-XXIII/2025 withdrawing his petition at the preliminary hearing, Monday (11/24/2025). Photo by MKRI.

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JAKARTA (MKRI) — Notary graduate student Andrew Amanah Carnegie Hasibuan withdrew his judicial review petition of Article 22 paragraph (2) and Article 23 of Law No. 39 of 2008 on State Ministries against Article 24C paragraph (1) of the 1945 Constitution. He expressed his wish at the preliminary hearing for Case No. 224/PUU-XXIII/2025 on Monday, November 24, 2025.

“There are several technical errors and errors in the framework of the petition that I submitted, Your Honors, in my judicial review petition,” said the Petitioner, who attended the hearing remotely.

The case was heard by a panel consisting of Deputy Chief Justice Saldi Isra (chair) and Constitutional Justices Ridwan Mansyur and Asrul Sani. Deputy Chief Justice Saldi said that the hearing was held to officially confirm the withdrawal request.

“This hearing was to confirm the withdrawal of the petition officially, that you withdraw this petition and confirm it at this hearing," he said.

The challenged Article 22 paragraph (2) of the Law on State Ministries reads, “The appointment and dismissal of Ministers as referred to in paragraph (1) shall be the prerogative of the President.” The Petitioner asserted that this provision does not contain an explicit prohibition against a chairperson of a political party or a structural official of a political party serving as a minister.

He stated that this normative gap creates opportunities for conflicts of interest between executive office and the electoral interests of a party, for practices of collusion and nepotism in decision-making, as well as for partisan interests to influence state policies that ought to be objective. This norm indirectly allows the concurrent holding of political offices, which potentially violates the principles of the rule of law; fails to guarantee a government free from corruption, collusion, and nepotism (KKN); and fails to ensure an effective government free from conflicts of interest (the principle of good governance), thereby endangering the Petitioner’s right to fair legal certainty.

In his petitums, the Petitioner requested that the Court declare Article 22 paragraph (2) and Article 23 of the State Ministry Law conditionally unconstitutional insofar as they are not interpreted to prohibit the chairperson of a political party from becoming a minister, and to declare that the Government and the House of Representatives (DPR) must amend the norm to ensure the prevention of conflicts of interest in the executive branch.

Author       : Mimi Kartika
Editor        : N. Rosi
Translator : Yuniar Widiastuti (NL)

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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