JAKARTA – The government has reaffirmed that the dual roles held by several Deputy Ministers (Wamen) in the Red-and-White Cabinet as commissioners in State-Owned Enterprises (SOEs) do not violate any legal provisions, including rulings from the Constitutional Court (MK). This clarification aims to foster public trust and respond to ongoing discussions within society.
Head of the Presidential Communication Office (PCO), Hasan Nasbi, stated that the government has not violated any dispositive rulings (binding decisions) issued by the Constitutional Court in relation to this matter.
“So far, the government has not breached any of the Constitutional Court’s decisions. When we talk about the dispositive part of MK’s ruling, nothing has been violated by the government,” said Hasan Nasbi.
Hasan explained that the prohibition on holding dual positions, as outlined in the Constitutional Court’s ruling, only applies to ministers, heads of agencies, or heads of offices. Deputy Ministers are not included in that limitation, meaning it is not a legal violation for them to also serve as SOE commissioners.
“The only ones who are prohibited are cabinet members at the ministerial level or heads of agencies or offices. There have been deputy ministers in the past who served as commissioners in various SOEs, and this has been going on for a while,” Hasan added.
Previously, this issue was brought to the Constitutional Court through case Number 21/PUU-XXIII/2025, filed by Juhaidy Rizaldy Roringkon. However, the Constitutional Court decided not to accept the petition.
In his lawsuit, Juhaidy requested a revision of Article 23 of Law Number 39 of 2008 on State Ministries, proposing the addition of a clause prohibiting Deputy Ministers from holding concurrent positions. However, the Constitutional Court rejected the petition.
Speaker of the People’s Consultative Assembly (MPR RI), Ahmad Muzani, also shared a similar view. He asserted that there is no legal prohibition preventing Deputy Ministers from concurrently serving as SOE commissioners.
“That’s actually not a prohibition. It’s not a ban because it is not part of the Constitutional Court’s dispositive decision. The MK only provided legal considerations,” said Muzani at the Presidential Palace Complex.
According to him, since the Court’s statement was merely a legal consideration and not part of a binding ruling, the government is under no obligation to implement it. Muzani also emphasized that this is not a legal violation but a policy that remains within constitutional boundaries.
The government called on the public to carefully examine the substance of the Constitutional Court’s ruling and refrain from jumping to conclusions. The appointment of Deputy Ministers as SOE commissioners is expected to strengthen inter-agency synergy and have a positive impact on SOE governance.
(/press release)*