Constitutional Court (MK) Voices and Prohibition of Concurrent Positions for Deputy Ministers

Legal Literacy - The voice of the Constitutional Court has repeatedly echoed, affirming the prohibition of concurrent positions for Deputy Ministers (Wamen). However, this message seems to fade amidst the hustle and bustle of the power struggle. The question that arises is, "Who cares?" This article dissects the issue of Deputy Ministers holding dual roles as directors or commissioners in state-owned enterprises (BUMN). The focus is on the urgency, legal basis, implications of the Constitutional Court's decision, and comparisons with practices in other countries.

Urgency and Legal Basis: A Contradiction

Effective and efficient governance has always been the goal. In this context, the existence of Deputy Ministers is often seen as a way to strengthen coordination, accelerate programs, and provide specialization to ministries. Some argue that the dual role of Deputy Ministers in BUMN can ensure policy alignment and strict oversight of state assets. In addition, Deputy Ministers are considered to have better access and understanding of government policies, so their role in BUMN becomes a bridge between government vision and implementation in the field.

However, this is where the contradiction lies. The claimed urgency often clashes with the principles of good governance and potential…