Juridical Implications of Constitutional Court Decision Number 128/PUU-XXIII/2025 on the Prohibition of Dual Office Holding by Deputy Ministers in the Indonesian Constitutional System

Abstract

This study aims to analyze the juridical implications of Constitutional Court Decision Number 128/PUU-XXIII/2025 on the regulation of the prohibition of dual office holding by Deputy Ministers within the Indonesian constitutional system. The issue of dual office holding by public officials has become an important concern in the practice of governance because it has the potential to create conflicts of interest and disrupt the principles of professionalism and accountability of state officials. In this context, the Constitutional Court, as the guardian of the constitution, has a strategic role in interpreting legal norms related to the regulation of public office through the mechanism of judicial review of laws against the 1945 Constitution of the Republic of Indonesia.

 This study uses a normative juridical legal research method with a statutory approach, a conceptual approach, and a case approach. The legal materials used consist of primary legal materials in the form of legislation and Constitutional Court decisions, as well as secondary legal materials in the form of books and scientific journal articles relevant to the research topic. The analysis is conducted qualitatively by examining the legal considerations of the Constitutional Court and the normative implications arising from these decisions on the practice of governance.

The research findings show that Constitutional Court Decision Number 128/PUU-XXIII/2025 emphasizes the importance of limiting dual office holding for Deputy Ministers in order to maintain the principles of professionalism, independence, and integrity of state officials in carrying out governmental functions. The decision also has juridical implications in the form of the need to reorganize regulations concerning the position and scope of authority of Deputy Ministers within the Indonesian governmental system. Furthermore, this decision strengthens the principles of good governance as well as the checks and balances mechanism within Indonesia’s constitutional system. Thus, the Constitutional Court’s decision not only impacts the legal norms being reviewed but also contributes to reinforcing the rule of law and accountability in the administration of government.