Not Violating the Law, Deputy Ministers’ Dual Positions in State-Owned Enterprises Comply with Constitutional Court Regulations
JAKARTA – The government has confirmed that the dual positions held by several Deputy Ministers in the Red and White Cabinet as commissioners in State-Owned Enterprises (SOEs) do not violate any legal provisions, including the Constitutional Court (MK) ruling. This explanation was provided to build public trust and respond to evolving dynamics within society.
Head of the Presidential Communication Office (PCO), Hasan Nasbi, stated that the government has not violated any of the Constitutional Court rulings in this regard.
“So far, the government has not violated any of the Constitutional Court rulings. If we’re talking about the Constitutional Court rulings, the government has not committed any violations,” said Hasan Nasbi.
Hasan explained that the prohibition on dual positions as stipulated in the Constitutional Court ruling applies only to ministers, agency heads, or office heads. The position of deputy minister is not included in this limitation, so serving as a commissioner in a SOE is not a violation.
“The only ones who are not allowed are cabinet members at the ministerial level, agency heads, or office heads. Vice ministers have also previously served as commissioners in several state-owned enterprises, and this has been going on for a long time,” Hasan added.
Previously, this issue reached the Constitutional Court through lawsuit No. 21/PUU-XXIII/2025 by Juhaidy Rizaldy Roringkon. However, the Constitutional Court decided not to accept the lawsuit.
In his lawsuit, Juhaidy requested that Article 23 of Law No. 39 of 2008 concerning State Ministries be revised, by adding a clause prohibiting concurrent positions for deputy ministers. However, the Constitutional Court decided not to accept the request.
The Speaker of the People’s Consultative Assembly (MPR), Ahmad Muzani, also made a similar statement. He believed that there was no legal prohibition for deputy ministers to serve concurrently as commissioners of state-owned enterprises.
“It’s not actually a prohibition. It’s not a prohibition because it’s not a Constitutional Court decision. But the Constitutional Court is taking this into consideration,” Muzani stated at the Presidential Palace Complex.
According to him, because it is merely a consideration and not part of a binding ruling, the government is not obligated to implement it. Muzani also emphasized that this is not a violation of the law, but rather a policy that remains within the constitutional framework.
The government also urged the public to carefully review the substance of the Constitutional Court’s ruling and not to jump to conclusions. The appointment of deputy ministers as commissioners is expected to strengthen synergy between institutions and have a positive impact on the governance of state-owned enterprises.
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