Jakarta, cartitleloans Indonesia
–
Constitutional Court
(MK) provides a grace period for the government to make adjustments to the provisions of the prohibition of positions
Deputy Minister
as a commissioner.
This follows the granting of case judicial test number: 128/PUU-XXIII/2025 concerning Article 23 of Law Number 39 of 2008 concerning State Ministry submitted by Advocate Viktor Santoso Tandiasa.
“Therefore, the Court considering the required adjustment period for a maximum of 2 years from the verdict
a quo
It was said, “said judge member Enny Nurbaningsih in a hearing on Thursday (8/28).
The Constitutional Court stated that Article 23 of the State Ministry Law was contrary to the 1945 Constitution of the Republic of Indonesia and did not have a conditional legal force, as long as it was not interpreted:
Ministers and deputy ministers are prohibited from concurrently as:
a.Other state officials in accordance with statutory regulations
b.Commissioners or Directors in state or private companies;or
c.The leadership of the organization financed from the State Budget and/or Regional Revenue Budget.
The case decision was colored by different opinions or
dissenting opinion
Of the two constitutional judges namely Daniel Yusmic P. Foekh and Arsul Sani.
In the context of the case
a quo
, Daniel Yusmic views the establishment of the Court in Decision Number: 80/PUU-XVII/2019 still needs to be maintained, it should not need to be formulated in the verdict.
While Arsul Sani basically stated that the Court should need to apply
due process
Deliberative and participatory law testing cases by listening to information from the formation of the law and the affected parties.
This case was tested quickly by the Constitutional Court, only through two sessions and without a plenary session to listen to the statements of the government or the DPR.
(ryn/wis)
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