Golkar Legislator: Parliament and Government Must Comply with Constitutional Court Ruling on Pension Funds
Deputy Chairman of Commission II of the House of Representatives Zulfikar Arse Sadikin, from the Golkar Party, has stated that parliament and the government must comply with the Constitutional Court’s decision regarding Law No. 12 of 1980. The Constitutional Court determined that the Law on Financial and Administrative Rights of Leaders and Members of the Highest State Institutions, as well as Former Leaders of the Highest State Institutions and Former Members of High State Bodies, is conditionally unconstitutional.
“Indonesia is a state governed by law. Since the law has decided, anyone must follow it. Especially since the law states that Constitutional Court decisions are final and binding,” said Zulfikar at the Golkar Party’s Central Leadership Office headquarters in West Jakarta on Tuesday, 17 March 2026.
He stated that the Constitutional Court’s decision determined that the law no longer has legal force, requiring parliament and the government to revise it within a timeframe of two years. Zulfikar urged parliament and the government to comply with this requirement.
“Hopefully within the timeframe determined by the Constitutional Court, the lawmakers, parliament and the president, can adapt Law 12 of 1980,” he said.
The Constitutional Court delivered its ruling on the judicial review of several articles in Law No. 12 of 1980 on Monday, 16 March 2026. The articles subject to material review included Articles 12 subsections (1) and (2), 16 subsection (1) a, 17 subsection (1), 18 subsection (1) a, and Articles 19 subsections (1) and (2). One of these articles regulated pension rights for state officials, including leaders and members of parliament and the People’s Consultative Assembly.
The material review was filed by Ahmad Sadzali and associates. In their petition, the petitioners requested that Articles 12 subsections (1) and (2) of Law No. 12 of 1980 be declared unconstitutional or conditionally in conflict with the 1945 Constitution and have no binding legal force, insofar as they apply to officials elected through general elections.
According to the Constitutional Court, the law no longer aligns with current conditions. Constitutional judge Suhartoyo stated that Law No. 12 of 1980 has lost its relevance for preservation. Accordingly, the Constitutional Court requested parliament to revise and adjust the regulation to suit the country’s current circumstances. In legal considerations read by constitutional judge Saldi Isra, there were five adjustment guidelines that the legislative body must implement.
Deputy Chairman of the House’s Legislative Body Martin Manurung viewed the ruling as a directive from the Constitutional Court for lawmakers to restructure the pension entitlements framework for high-ranking state officials. According to Martin, the revision of Law No. 12 of 1980 can be carried out through an open cumulative mechanism, allowing deliberation even outside the 2026 national legislative agenda. This mechanism aligns with Article 23 subsection (2) of the Law on the Formation of Laws and Regulations.
However, given the two-year revision deadline since the ruling was delivered, the NasDem Party politician believed that parliament will first coordinate with the government.