33 Deputy Ministers Holding Multiple Positions, Constitutional Court's Decision a Setback?

Legal Literacy - Constitutional Court The Constitutional Court (MK) officially made a ruling on the lawsuit filed by advocate Viktor Santoso Tandiasa on Thursday (28/8/2025). Through decision number 128/PUU-XXIII/2025, the Constitutional Court reaffirmed the prohibition for deputy ministers (Wamen) to hold multiple positions, either as commissioners or directors in state-owned enterprises (BUMN) and private companies. This decision is not just a legal note, but a strong reminder that the constitution requires public officials to walk straight and free from conflicts of interest. The legal basis for this decision is actually solid. The Court has affirmed a similar prohibition through decision number 80/PUU-XVII/2019. At that time, the Court assessed that all prohibitions on holding multiple positions for ministers in Article 23 of the State Ministry Law automatically apply to deputy ministers as well. Juridically, the legal considerations from the previous decision already have binding force because they are an inseparable part of the Constitutional Court decision which is final. The Constitutional Court considers the applicant's argument to be in line with the spirit of the State Ministry Law. In its verdict, the Constitutional Court stated that Article 23 of the Law is contrary to the 1945 Constitution unless it is interpreted that the prohibition on holding multiple positions applies to ministers and deputy ministers. The article reads:

“Ministers are prohibited from holding multiple positions as: a) other state officials; b) commissioners or directors in state-owned or private companies; or c) leaders of organizations financed by the state budget (APBN)/regional budget (APBD).”

Workload and Conflict of Interest

There are several fundamental reasons behind this decision. First, the workload of a deputy minister is very heavy and demands full focus. This position was formed to handle specific affairs of the ministry that require detailed attention and cannot be combined with other work, especially strategic positions such as commissioners. Second, and most crucially, this prohibition aims to prevent conflicts of interest and realize clean governance. The practice of holding concurrent positions in state-owned enterprises (BUMN) makes a deputy minister very prone to favoring corporate interests over public interests. By affirming this prohibition, the Constitutional Court seeks to build a preventive fortress so that governance runs transparently, accountably, and free from abuse of authority.

Problem Scale: Map of Deputy Ministers' Multiple Positions

Post-ruling, the true scale of this practice was revealed. There are at least 33 deputy ministers holding concurrent positions. If mapped, a clear concentration of positions can be seen in several strategic BUMN: