The ruling hearing for case No. 224/PUU-XXIII/2025 on the judicial review of the State Ministry Law, Thursday (11/27/2025). Photo by MKRI/Bayu.

---

JAKARTA (MKRI) — The Constitutional Court (MK) granted the request to withdraw petition No. 224/PUU-XXIII/2025 on the material judicial review of Law No. 39 of 2008 on State Ministries. The Court held that the withdrawal request had legal grounds. Therefore, the Petitioner cannot refile the petition a quo.

“[The Court] granted the withdrawal of the Petitioner’s petition,” said Chief Justice Suhartoyo at the ruling hearing for Decree No. 224/PUU-XXIII/2025 on Thursday, November 27, 2025 in the plenary courtroom.

The petition withdrawal had been confirmed by the Petitioner, notary graduate student Andrew Amanah Carnegie Hasibuan, when he delivered his request to withdraw the petition before the panel—Deputy Chief Justice Saldi Isra (panel chair), Constitutional Justice Ridwan Mansyur, and Constitutional Justice Asrul Sani—on Monday, November 24, citing technical errors and errors in the framework of the petition.

“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.

Also read: Notary Graduate Student Withdraws Petition Against Law on State Ministries

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.

Track Case No. 224/PUU-XXIII/2025 here.

Read Decree No. 224/PUU-XXIII/2025 here.

Author       : Mimi Kartika
Editor        : N. Rosi
PR            : Fauzan F.
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.

---