Constitutional Court Rules Law on Parliamentary Pensions Conditionally Unconstitutional
JAKARTA — The Constitutional Court (MK) has declared Law No. 12 of 1980, which regulates pension payments for parliamentary leadership and members of the House of Representatives, conditionally unconstitutional under the 1945 Indonesian Constitution.
The ruling was read by Constitutional Court Chief Suhartoyo during the hearing of petition number 191/PUU-XXIII/2025.
The Court has instructed the legislature — specifically the government and the House of Representatives — to draft new legislation concerning the financial rights of senior state leaders and former leaders of high state institutions within a two-year timeframe.
“The Constitutional Court declares Law No. 12 of 1980 concerning Financial and Administrative Rights of Leaders and Members of the Highest State Institutions, as well as Former Leaders and Former Members of High State Institutions (State Gazette of the Republic of Indonesia Year 1980 Number 71, Additional State Gazette Number 3182) to be in contradiction with the 1945 Constitution of the Republic of Indonesia and to have no binding legal force on a conditional basis, provided that replacement with new legislation is not enacted within a maximum of two years from the pronouncement of this decision,” stated Constitutional Court Chief Suhartoyo at the plenary hearing held at the Constitutional Court chamber in Jakarta on Monday, 16 March 2026.
The Court explicitly demanded that parliament and the government enact new legislation. Should this not occur, the consequence would be that pension rights related to parliamentary members would no longer possess legal force.
“The Court hereby orders the legislature to effect replacement within a maximum period of two years from the pronouncement of this decision,” he added.
The petition was filed by law lecturers from the Islamic University of Indonesia (UII) Ahmad Sadzali and Anang Zubaidy, along with UII students Muhammad Farhan Kamase, Zidan Patra Yudistira, Rayhan Madani, and Muhammad Fajar Rizki.
The petitioners objected on the grounds that, as taxpayers, they considered it inappropriate for tax revenue to fund lifetime pensions for parliamentary members serving only five-year terms.
The petitioners also requested that widow and widower pension payments be limited to the tenure period alone.
“This harm is both actual and potential, and can be assured to occur in the future as it affects the effectiveness of fund allocation that should instead meet the basic needs and rights of citizens guaranteed by the 1945 Constitution of the Republic of Indonesia,” read the petition.