Counsel for the Petitioner during the Hearing on the Revision of the Petition in Case Number 253/PUU-XXIII/2025 concerning the Judicial Review of Law Number 61 of 2024 on the Amendment to Law Number 39 of 2008 on State Ministries, Friday (9 January 2026). Humas/Bay

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JAKARTA, MKRI – Windu Wijaya, appearing in his capacity as an individual citizen and an advocate, returned to the Constitutional Court’s Panel Courtroom on Friday (9 January 2026). The follow-up hearing concerned the judicial review of the phrase “Further provisions regarding non-structural institutions shall be separately regulated by Presidential Regulation” in Article 25 paragraph (4) of Law of the Republic of Indonesia Number 61 of 2024 on the Amendment to Law Number 39 of 2008 on State Ministries (the State Ministries Law). The panel was chaired by Deputy Chief Justice Saldi Isra, accompanied by Constitutional Justices Ridwan Mansyur and Arsul Sani.

Windu Wijaya stated that he had revised his petition by, among other things, strengthening the petitioner’s legal standing, sharpening the legal arguments underlying the petition, and correcting editorial inaccuracies in the filing.

“Subsequently, the Petitioner has refined the petitum, which essentially requests the Court to declare that the phrase ‘Further provisions regarding non-structural institutions shall be separately regulated by Presidential Regulation,’ as contained in Article 25 paragraph (4) of Law of the Republic of Indonesia Number 61 of 2024 on the Amendment to Law Number 39 of 2008 on State Ministries, is contrary to the 1945 Constitution of the Republic of Indonesia and has no binding legal force, insofar as it is not conditionally interpreted to mean that ‘Provisions concerning the establishment or modification of non-structural institutions, including changes to their name, duties and functions, as well as their leadership elements, must first be promulgated in a Presidential Regulation before the President determines the appointment of the leadership elements of non-structural institutions through a Presidential Decree,’” Windu said while reading out the petitioner’s petitum.

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Questioning the Unclear Legal Basis for the Establishment of Non-Structural Institutions

In the earlier Preliminary Examination Hearing of Petition Number 253/PUU-XXIII/2025, the petitioner’s legal counsel, Ardin Firanata, explained that the alleged constitutional harm was specific, actual, or at least potentially incurred. This, he argued, stemmed from the challenged norm’s failure to clearly regulate the sequence or stages for establishing or modifying non-structural institutions through a Presidential Regulation prior to the appointment of their leadership through a Presidential Decree. As a result, the President could appoint institutional leaders without a Presidential Regulation as a legal basis, non-structural institutions could operate without a clear legal framework, and disharmony could arise within the hierarchy of laws and regulations.

According to the petitioner, the direct consequence of Article 25 paragraph (4) of the State Ministries Law is its failure to specify a clear sequence and stages, resulting in ambiguity regarding the legal basis for establishing non-structural institutions. The provision does not affirm that the establishment or modification of such institutions must first be regulated by Presidential Regulation before the President appoints their leadership through a Presidential Decree. This lack of clarity in appointment procedures—or the absence of a clear sequence between institutional formation via Presidential Regulation and leadership appointment via Presidential Decree—creates the potential for disharmony within the legislative hierarchy. Such vague norms, the petitioner argues, open the door to divergent interpretations of formal procedures and may generate legal uncertainty in the execution of institutional functions. (*)

Author         : Sri Pujianti
Editor          : Lulu Anjarsari P.
PR               : Andhini Sayu
Translator     : SO

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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