Backed by Two Constitutional Court Rulings, Dual Roles of State Officials Challenged in Central Jakarta District Court

Three public representatives have filed a citizen lawsuit against the dual roles held by state officials. Those filing the citizen lawsuit include Andi M Ashari Makkasau, an advocate, along with Ilham Pransetyo and Iskan Habibi, both students. In the lawsuit submitted to the Central Jakarta District Court on Tuesday (9/6), the trio requested that Constitutional Court (MK) rulings number 91/PUU-XX/2022 and number 183-PUU-XXII/2024, concerning the prohibition of concurrent leadership roles in advocate organisations for state officials, be enforced. They reminded that both MK rulings categorically affirm that leaders of advocate organisations must take a leave of absence from their positions upon being appointed or assigned as state officials. They also demanded that the position of Deputy Coordinating Minister for Law, Human Rights, Immigration, and Corrections (Wamenko Kumham Imipas) not be held concurrently by an advocate, in accordance with the two MK rulings. Furthermore, they asked President Prabowo Subianto to deactivate the current office holder of Wamenko Kumham Imipas. He stressed that such firm action is needed because the two MK rulings have long affirmed that leaders of advocate organisations must step down from their positions upon being appointed or assigned as state officials. ‘We are also asking President Prabowo Subianto to issue a policy or regulation requiring Otto Hasibuan not to hold dual roles concurrently as a state organiser, namely Wamenko Kumham Imipas and a leader of an advocate organisation (DPN PERADI),’ said Andi M Ashari Makkasau in his statement on Tuesday (9/6). ‘To declare that the action disregards MK Ruling Number 91/PUU-XX/2022, which essentially states that leaders of advocate organisations are limited to a maximum of two terms, and MK Ruling Number 183/PUU-XXII/2024, which obligates leaders of advocate organisations to relinquish their positions upon being appointed as state officials to safeguard the independence of the advocate profession,’ concluded the plaintiff. Separately, seven advocates who are active members of the Balikpapan City branch of the Indonesian Advocates Association (PERADI) officially registered a lawsuit for unlawful acts (onrechtmatige daad) against Otto Hasibuan at the Balikpapan District Court on Monday (8/6). The lawsuit was submitted through the plaintiffs’ legal counsel from the Law Study and Advocacy Institute (LKAH) at Kharisma Insan Cita.