The Constitutional Court (MK) has stated that deputy ministers can not hold concurrent roles at state-owned and personal firms, arguing that they need to concentrate on their primary tasks in their particular ministerial offices.
The nine-justice bench declared its position on the issue as it read out the last ruling on a judicial review petition tough Short article 10 of a 2008 law on state ministries submitted by Bayu Segara from the Forum of Legal and Constitutional Research Studies (FKHK) and Novan Lailathul Rizky from Sahid Jakarta University.
The plaintiffs demanded that the court revoke the short article, which allows the president to appoint deputy ministers, as they considered it to be “unconstitutional”.
The court turned down the petition on Thursday on the grounds that the complainants did not have legal standing, but it did highlight the petitioners ' argument over the absence of a guideline that bans deputy ministers from holding concurrent functions as commissioners or members of board of directors at state-owned or personal companies.
” Even if deputy ministers just give assistance to ministers in delivering ministerial tasks, the visit and the dismissal of deputy ministers are within the president ' s prerogative rights, the same as that of ministers,” the court stated in its ruling file.
” Deputy ministers should, for that reason, be treated equally as state authorities who carry the exact same status, like ministers. With such a status, all arrangements restricting ministers from serving double functions under Short article 23 of the 2008 law should likewise apply to deputy ministers.”
The court argued that it was necessary so that deputy ministers might “focus on their ministerial duties”.
Some deputy ministers in President Joko “Jokowi” Widodo ' s administration are understood to have concurrent roles at state-owned business.
For instance, Budi Gunadi Sadikin, a deputy for the State-Owned Enterprises (SOE) minister, is likewise a vice president commissioner of state oil and gas holding company PT Pertamina.
Another SOE deputy minister, Kartika “Tiko” Wirjoatmodjo, also serves as president commissioner of state-owned Bank Rakyat Indonesia (BRI).
Deputy Financing Minister Suahasil Nazara is also referred to as the existing vice president commissioner of state-owned electricity firm PT PLN.
In response to the court ' s declaration, SOE Minister Erick Thohir said he would even more go over the matter with other ministries, including the Law and Human Right Ministry.
” I do not know the details yet, however I will study the matter,” Erick stated, adding that the court ' s stance over the issue was not part of its judgment that declined the complainants ' request.
Erick, nevertheless, defended deputy ministers and said they had actually the capabilities required by the ministry.
” I consider our deputy ministers as warriors and we don’t actually consider their double roles,” he stated as quoted by tempo.co.
