The repository administrator has not yet configured an RDF license.
LARANGAN RANGKAP JABATAN WAKIL MENTERI BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR. 128/PUU-XXIII/2025
This study arises from a significant constitutional issue concerning the widespread practice of dual office-holding by Deputy Ministers serving concurrently as commissioners in State-Owned Enterprises (SOEs). Such practices give rise to structural conflicts of interest and violate the principles of clean and accountable governance. The Constitutional Court has firmly addressed this legal vacuum through Decision Number 128/PUU-XXIII/2025, which absolutely prohibits Deputy Ministers from holding multiple positions. The primary focus of this research is to examine the prohibition of dual office-holding by Deputy Ministers based on the Court’s decision. This study aims to identify and analyze the ratio decidendi of Constitutional Court Decision Number 128/PUU-XXIII/2025 and to evaluate the application of the legal maxim Dar'ul Mafasid Muqaddamun 'ala Jalbil Mashalih in the Court’s reasoning. This study is a normative legal research with a descriptive-analytical character, grounded in the widespread practice of deputy ministers concurrently serving as commissioners in state-owned enterprises (BUMN), which is regarded as creating conflicts of interest and weakening the principles of clean and accountable governance. The primary legal materials consist of the Constitutional Court Decision Number 128/PUU-XXIII/2025 and related statutory regulations, which are examined in depth by employing conflict of interest theory and the principles of fiqh siyasah, particularly the legal maxim dar’ul mafasid muqaddamun ‘ala jalbil mashalih, in order to assess the consistency of the Court’s reasoning with the demands of public governance reform in Indonesia. The results indicate that the Constitutional Court’s implications in prohibiting dual office-holding is based on resolving three main issues: conflicts in the principle of action, conflicts in the principle of responsibility, and failures in institutional management. The Court emphasizes that Deputy Ministers hold an equal status to Ministers as state officials; therefore, the prohibition stipulated in Article 23 of the State Ministry Law is absolutely binding without exception. This aims to restore the singular loyalty of executive officials to the state. The legal reasoning of the decision aligns closely with the principle of Dar'ul Mafasid Muqaddamun 'ala Jalbil Mashalih, prioritizing the prevention of moral corruption, abuse of power, and structural conflicts of interest over administrative or economic benefits claimed from dual roles. By providing a two-year transition period, the decision seeks to rehabilitate cabinet integrity and restructure the governance system based on modern constitutional values.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
LARANGAN RANGKAP JABATAN WAKIL MENTERI BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR. 128/PUU-XXIII/2025 (Text)
LARANGAN RANGKAP JABATAN WAKIL MENTERI BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR. 128/PUU-XXIII/2025 (Other)
HTML Summary of #76971 LARANGAN RANGKAP JABATAN WAKIL MENTERI BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR. 128/PUU-XXIII/2025