Deputy Chief Justice Saldi Isra (center) delivering the ruling for Case No. 240/PUU-XXIII/2025 on the material judicial review of the State Ministry Law, Monday (1/19/2026). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The Constitutional Court declared a material judicial review petition of Law No. 39 of 2008 on State Ministries, as amended by Law No. 61 of 2024, inadmissible, through Decision No. 240/PUU-XXIII/2025 on Monday, January 19, 2026. The decision was delivered at a ruling hearing in the plenary courtroom.

The petition was filed by a university student, Aufaa Luqmana Rea. He challenged the constitutionality of Article 23 letter b of the State Ministry Law, which prohibits concurrent ministerial positions. “The Petitioner’s petition is inadmissible,” said Chief Justice Suhartoyo handing down the verdict.

In its legal considerations, delivered by Deputy Chief Justice Saldi Isra, the Court found that the Petitioner had failed to clearly and specifically articulate the constitutional harm he allegedly suffered as a result of the application of the challenged norm. The Court also found no convincing explanation demonstrating a causal relation between the alleged infringement of the Petitioner’s constitutional rights and his status as a taxpayer.

Furthermore, the Court emphasized that the Petitioner’s intention to work at PT Danantara is not impeded by the application of Article 23 letter b of the State Ministry Law, as interpreted in Constitutional Court Decision No. 128/PUU-XXIII/2025. “Accordingly, the Court has no hesitation in declaring that the Petitioner lacks legal standing,” stated Deputy Chief Justice Saldi Isra when reading out the legal considerations.

Also read:

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

Petitioner Revises Petition on State Ministry Law

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.

He also argued 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 claimed 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 believed 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 (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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