The Constitutional Court (MK) has issued a ruling that prevents deputy ministers from holding concurrent positions, including as commissioners or directors at State-Owned Enterprises (SOEs), however some deputy ministers obviously still hold concurrent positions as commissioners.

The issue wa raised during the judicial review hearing of Law No. 39/2008 on State Ministries, held at the Constitutional Court building on July 17, 2025. The affirmation regarding concurrent positions was included in Constitutional Court ruling No. 80/PUUXVII/2019.

In its ruling, the Constitutional Court reiterated the provisions of Article 23 of Law No. 39/2008, which defines the position of deputy ministers. However, the Court dismissed the lawsuit because the plaintiff − Executive Director of Indonesia Law & Democracy Studies (ILDES), Juhaidy Rizaldy Roringkon − had died before the hearing.

Feri Amsari, a constitutional law expert from Andalas University, staid that the Constitutional Court's statement still needs to be complied with. Otherwise, the deputy minister could be sued at the State Administrative Court (PTUN).

"So, if this is enforced, a lawsuit can be filed with the State Administrative Court to ensure that the action violates the Constitutional Court's ruling, and the appointment of the deputy minister is invalid," Feri on Wednesday, July 23, 2025.

Furthermore, this affirmation is contained in the ruling document for Case Number 21/PUU-XXIII/2025. In a copy of the ruling, the Constitutional Court alluded to Article 23 of Law No. 39/2008, which also applies to deputy ministers.

Feri cited that Constitutional Court Ruling Number 21 does not stand alone because there are Rulings 80 and 79 that address the position of deputy minister. These decisions also address what is permitted and what is not permitted, including holding multiple positions.

He said further that the Constitutional Court's ruling cannot be read solely as a ruling, but as a whole. Therefore, even though the decision was rejected, it essentially follows a previous decision that regulated the same issue, thus serving as a kind of confirmation.

"With the affirmation of the Constitutional Court Decision as stated above, it is clear that deputy ministers are also prohibited from holding concurrent positions," as stated in the Constitutional Court Ruling on Friday, July 18, 2025.

"This is certainly inconsistent with the mandate contained in the Constitutional Court Ruling," it read.