The Petitioner of Case No. 240/PUU-XXIII/2025 at the petition revision hearing for the material judicial review of the State Ministry Law, Thursday (1/8/2026). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court held the petition revision hearing for the material judicial review of Law No. 39 of 2008 on State Ministries, as amended by Law No. 61 of 2024 on Thursday, January 8, 2026. The second hearing for Case No. 240/PUU-XXIII/2025 took place in one of the panel courtrooms.

The petition was filed by a student, Aufaa Luqmana Rea. He challenges the constitutionality of Article 23 letter b of the State Ministry Law, which prohibits concurrent ministerial positions.

At the hearing, which he attended remotely, the Petitioner conveyed his revisions following the panel’s advice. “Revisions have been made by adding new evidence in the form of news articles on the concurrent positions of ministers and deputy ministers, he said.

He also mentioned the fact that several ministers also have positions in PT Danantara. Nevertheless, he emphasized that his stance is neutral on the issue—he neither condones nor condemns the policy.

In his petitums, the Petitioner requests that the Court grant the petition in its entirety. He also requests that the Court declare Article 23 letter b of the State Ministry Law unconstitutional if interpreted that the prohibition on concurrent positions does not apply to Minister of Investment and Downstream Industry and his deputies who are assigned by the President to serve as commissioners or directors of PT Danantara. In addition, he requests that the decision be published in the State Gazette of the Republic of Indonesia.

Also read: Requesting an Exemption from the Prohibition on Holding Concurrent Ministerial Positions for Danantara Leaders

At the preliminary hearing, the Petitioner explained that the petition was a response to the appointment of Rosan Roeslani as Minister of Investment and Downstream Industry, who also concurrently served as Chief Executive Officer (CEO) of PT Danantara. According to the Petitioner, although he was neutral on the appointment, a prior Constitutional Court decision, in principle, prohibited ministers from holding concurrent positions, thereby requiring constitutional confirmation.

He believes that PT Danantara is an investment management entity that manages large amounts of capital and has special characteristics (sui generis). Therefore, strong, full, and integrated authority is required and achievable through the minister’s dual role.

He also argued that the exception to the prohibition on holding concurrent positions is necessary to enable rapid decision-making in implementing national strategic projects. Similar practices, he said, are also applied in several countries and are considered successful.

In addition, the Petitioner cited recent constitutional practices in Indonesia, including the appointment of Minister of Agriculture Andi Amran Sulaiman as Head of the National Food Agency in October 2025. He believes this appointment may improve efficiency, strengthen food policy coordination, and accelerate decision-making in addressing extraordinary national food issues.

Explore case No. 240/PUU-XXIII/2025 (in Indonesian).

Author         : Utami Argawati
Editor          : Lulu Anjarsari P.
PR               : Adriana Airlia Y.
Translators   : Yuniar Widiastuti, Rizky Kurnia C. (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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