Legal Analysis of the Violation of Concurrent Office by Ministers and Deputy Ministers Under Article 23 of Law No. 39 of 2008 on State Ministries

Abstract

Dual office-holding by ministers and deputy ministers constitutes a legal issue with direct consequences for the quality of governance in Indonesia. This study aims to analyze the legal provisions prohibiting dual positions under Article 23 of Law No. 39 of 2008 on State Ministries, and to examine the legal consequences arising from violations thereof by ministers and deputy ministers. A normative legal research method is employed, utilizing a statutory approach and a conceptual approach, grounded in the theoretical framework of good governance and clean government. The findings reveal that Article 23 expressly prohibits ministers from concurrently serving as commissioners or directors of companies, other state officials, or leaders of organizations funded by the state budget, with the prohibition extended to deputy ministers through Constitutional Court Decision No. 128/PUU-XXIII/2025. Violations of this provision result in three dimensional legal consequences: administratively, through the nullity of legal acts and dismissal from office under the contrarius actus principle; civilly, through liability for unlawful governmental acts (onrechtmatige overheidsdaad); and criminally, through potential corruption liability where violations are accompanied by the abuse of authority causing financial losses to the state. This study concludes that the absence of explicit sanction provisions in the State Ministries Law undermines enforcement effectiveness, and therefore recommends an amendment to Article 23 incorporating explicit sanctions, strengthened institutional oversight, and mandatory periodic disclosure of positions held.