Legal Literacy - The Constitutional Court (MK) officially made a decision regarding 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 concurrent positions, both as commissioners and 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 concurrent positions for ministers in Article 23 of the State Ministry Law automatically apply to deputy ministers. Juridically, the legal considerations from the previous decision already have binding force because they are an inseparable part of the final Constitutional Court decision. 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 concurrent positions applies to ministers and deputy ministers. The article reads:
“Ministers are prohibited from holding concurrent 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/regional budget.”

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 ministry affairs that require detailed attention and cannot be combined with other jobs, especially strategic positions such as commissioners. Second, and most crucially, this prohibition aims to prevent conflicts of interest and create a clean government. The practice of holding concurrent positions in state-owned enterprises is very prone to making a deputy minister more biased towards corporate interests than public interests. By reaffirming this prohibition, the Constitutional Court seeks to build a preventive fortress so that government governance runs transparently, accountably, and free from abuse of authority.

Scale of the Problem: Map of Deputy Ministers' Concurrent Positions

After the decision, the true scale of this practice was revealed. There are at least 33 deputy ministers who hold concurrent positions. If mapped, it is clear that there is a concentration of positions in several strategic state-owned enterprises:
  1. Deputy Minister of Agriculture Sudaryono – President Commissioner of PT Pupuk Indonesia (Persero)
  2. Deputy Minister of Culture Giring Ganesha – Commissioner of PT Garuda Maintenance Facility Aero Asia Tbk
  3. Deputy Minister of Communication and Information Angga Raka Prabowo – President Commissioner of PT Telkom Indonesia (Persero) Tbk
  4. Deputy Minister of ATR/BPN Ossy Dermawan – Commissioner of PT Telkom Indonesia (Persero) Tbk
  5. Deputy Minister of Immigration and Correctional Facilities Silmy Karim – Commissioner of PT Telkom Indonesia (Persero) Tbk
  6. Deputy Minister of Housing and Settlement Areas Fahri Hamzah – Commissioner of PT Bank Tabungan Negara (Persero) Tbk
  7. Deputy Minister of Finance Suahasil Nazara – Commissioner of PT PLN (Persero)
  8. Deputy Minister of BUMN Aminuddin Ma'ruf – Commissioner of PT PLN (Persero)
  9. Deputy Minister of BUMN Kartika Wirjoatmodjo – President Commissioner of PT Bank Rakyat Indonesia (Persero) Tbk
  10. Deputy Minister of UMKM Helvy Yuni Moraza – Commissioner of PT Bank Rakyat Indonesia (Persero) Tbk
  11. Deputy Minister of Public Works Diana Kusumastuti – President Commissioner of PT Brantas Abipraya (Persero)
  12. Deputy Minister of Energy and Mineral Resources Yuliot Tanjung – Commissioner of PT Bank Mandiri (Persero) Tbk
  13. Deputy Minister of Maritime Affairs and Fisheries Didit Herdiawan Ashaf – President Commissioner of PT Perikanan Indonesia (Persero)
  14. Deputy Minister of Transportation Suntana – President Commissioner of PT Pelabuhan Indonesia (Persero) / Pelindo
  15. Deputy Minister of Health Dante Saksono – Commissioner of PT Pertamina Bina Medika
  16. Deputy Minister of Defense Donny Ermawan Taufanto – President Commissioner of PT Dahana
  17. Deputy Minister of P2MI/Deputy Head of BP2MI Christina Aryani – Commissioner of PT Semen Indonesia (Persero) Tbk
  18. Deputy Minister of Environment and Forestry Diaz Hendropriyono – President Commissioner of PT Telekomunikasi Seluler
  19. Deputy Minister of Villages and Disadvantaged Regions Development Ahmad Riza Patria – Commissioner of PT Telekomunikasi Seluler
  20. Deputy Minister of Trade Dyah Roro Esti Widya Putri – President Commissioner of PT Sarinah
  21. Deputy Minister of Investment and Downstream Affairs/BKPM Todotua Pasaribu – Deputy President Commissioner of PT Pertamina (Persero)
  22. Deputy Minister of Population and Family Development Ratu Isyana Bagoes Oka – Commissioner of PT Dayamitra Telekomunikasi Tbk
  23. Deputy Minister of State Secretary Juri Ardiantoro – President Commissioner of PT Jasa Marga (Persero) Tbk
  24. Deputy Minister of Communication and Information Technology Nezar Patria – President Commissioner of PT Indosat Tbk
  25. Deputy Minister of Women and Child Protection Veronica Tan – Commissioner of PT Citilink Indonesia
  26. Deputy Minister of Youth and Sports Taufik Hidayat – Commissioner of PT PLN Energi Primer Indonesia
  27. Deputy Minister of Foreign Affairs Arif Havas Oegroseno – Commissioner of PT Pertamina International Shipping (PIS)
  28. Deputy Minister of Cooperatives Ferry Juliantono – Commissioner of PT Pertamina Patra Niaga
  29. Deputy Minister of Higher Education, Science, and Technology Stella Christie – Commissioner of PT Pertamina Hulu Energi (PHE)
  30. Deputy Minister of SOEs Donny Oskaria – Chief Operating Officer (COO) Danantara
  31. Deputy Minister of Human Rights Mugiyanto – President Commissioner of PT InJourney Aviation Services
  32. Deputy Minister of State Secretary Bambang Eko Suhariyanto – Commissioner of PT PLN (Persero)
  33. Deputy Minister of Law Edward Omar Sharif Hiariej – Commissioner of PT PGN Tbk

Political Compromise or Logical Transition?

However, The Constitutional Court did not enforce its decision immediately. A two-year grace period was given for the deputy ministers to resign in an orderly manner. The excuse was to avoid a legal vacuum and to give the government room to adjust the rules. In the end, this two-year grace period became a gamble. The Constitutional Court's decision will only be meaningful if the government complies without excuse. Otherwise, this decision will only become a magnificent but ineffective legal monument, while conflicts of interest continue to erode the bureaucracy. The public will be watching, whether this is a step forward in enforcing the ethics of office or just a political compromise that prolongs the old disease.