The court ruled that Article 23 of the 2008 State Ministry Law, which prohibits ministers from dual roles, also applies to their deputies.
"The ban on dual jobbing for deputy ministers is based on the consideration that their position as state officials requires them to focus on their specialised obligation in government ministries," Justice Enny Nurbaningsih announced the decision during the Court's Plenary Session in Jakarta.
Henceforth, deputy ministers are now prohibited from taking a second job as an official in other state agencies, directors of state-owned or private enterprises, or leaders of organisations funded by the state or regional budgets.
Nurbaningsih highlighted a similar MK ruling in 2019 that has banned deputy ministers from taking a second job. However, some deputy ministers continued serving as directors at state-owned enterprises, which the plaintiffs attempted to contest.
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MK also underscored a State-owned Enterprise Minister Regulation in 2023 that requires executives of state companies or their subsidiaries to allocate sufficient time to carry out their functions.
"Moreover, the ban on dual jobbing is related to the principles of state administration that must be clean, free from conflict of interest, and to ensure good governance," the MK Justice said.
The decision indicated that the court ruled in favour "partially" to a constitutional review submitted by Viktor Santoso Tandiasa, a lawyer.
The review was initially submitted by Tandiasa together with Didi Supandi, an online motorcycle taxi driver. However, the court dismissed Supandi from the case due to a lack of legal standing.
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Translator: Fath Putra Mulya, Nabil Ihsan
Editor: Rahmad Nasution
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