Jakarta – The government has emphasized that there is no legal violation in the appointment of several Deputy Ministers (Wamen) who also serve as commissioners in State-Owned Enterprises (SOEs). The Palace dismissed allegations that this practice violates a Constitutional Court (MK) ruling, labeling such claims as misleading and potentially distorting public opinion.
Head of the Presidential Communication Office, Hasan Nasbi, clarified that the position of Deputy Minister is not included in the category prohibited by the Constitutional Court’s Decision Number 80/PUU-XVII/2019.
“So far, the government has not violated any ruling from the Constitutional Court. If we’re talking about the Court’s decision, there’s nothing the government has breached,” said Hasan.
The Constitutional Court decision explicitly prohibits ministers—not deputy ministers—from holding concurrent positions as commissioners or directors in SOEs. Hasan emphasized that the government fully complies with the restrictions set forth in the ruling.
“The ones who are prohibited are cabinet members at the level of minister, or heads of agencies or offices. There have also been previous cases where deputy ministers served as commissioners in various SOEs. This has been ongoing,” he added.
He noted that the practice of deputy ministers concurrently serving as SOE commissioners is not new, as it also occurred during previous administrations.
“In the past, there were also deputy ministers who served as commissioners. The prohibition only applies to cabinet members at the ministerial level or heads of agencies or offices,” Hasan explained.
Hasan also stressed the importance of distinguishing between the legal ruling (dispositif) and the legal considerations in the Constitutional Court’s decision. Only the dispositive part is legally binding and must be implemented.
“I encourage everyone to reread the dispositive of the Constitutional Court’s decision. That’s what must be adhered to. So far, the government has not violated or gone against the Court’s ruling,” he asserted.
The government views the assignment of deputy ministers as commissioners as part of a broader strategy to strengthen SOE governance in a professional, accountable manner aligned with organizational needs. This placement is also seen as an effort to enhance synergy between ministries and SOEs, without breaching any applicable laws.
