Strategic and Legal, Dual Deputy Ministerial Positions Can Strengthen State-Owned Enterprises
Jakarta – The government asserts that there are no legal violations in the appointment of several Deputy Ministers (Wamen) who also serve as commissioners in State-Owned Enterprises (BUMN). Rumors alleging a violation of the Constitutional Court (MK) ruling were dismissed by the Palace as false information that could mislead public opinion.
Head of the Presidential Communications Office, Hasan Nasbi, explained that the position of Deputy Minister is not included in the categories prohibited by the Constitutional Court, as stipulated in Decision Number 80/PUU-XVII/2019.
“So far, the government has not violated any of the Constitutional Court’s rulings. If we’re talking about the Constitutional Court’s ruling, the government has not committed any wrongdoing,” said Hasan.
The Constitutional Court’s ruling expressly prohibits ministers, not deputy ministers, from holding concurrent positions as commissioners or directors of SOEs. Hasan emphasized that the government fully complies with the restrictions stipulated in the ruling.
“Those who are not allowed are only cabinet members at the ministerial level, agency heads, or office heads. Previously, there were also deputy ministers who were commissioners in several state-owned enterprises. This has been going on for a while,” he continued.
He explained that the practice of deputy ministers concurrently serving as commissioners in several state-owned enterprises is not new, as it has occurred in previous administrations.
“Previously, there were also deputy ministers who served as commissioners. Those who are not allowed are only cabinet members at the ministerial level, agency heads, or office heads,” Hasan explained.
Hasan also emphasized the importance of distinguishing between the ruling and the legal considerations in the Constitutional Court’s decision. Only the ruling is legally binding and must be implemented.
“Please read the Constitutional Court’s ruling again. So, what is being upheld is the ruling of the Constitutional Court. So far, the government has not violated or violated the Constitutional Court’s ruling,” he emphasized.
The government believes that the assignment of deputy ministers as commissioners is part of a strategy to strengthen state-owned enterprise governance, carried out professionally, accountably, and in accordance with organizational needs. This placement is also seen as an effort to strengthen synergy between ministries and state-owned enterprises, without violating applicable legal provisions.
