Parliamentary Commission III Regrets Prosecution of Contract Teacher for Holding Dual Positions
The Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, has highlighted the case of Muhammad Misbahul Huda (MMH), a contract teacher at SDN Brabe 1 in Probolinggo, who has been named a suspect for holding a dual role as a Local Village Assistant (PLD). Habiburokhman expressed his regret over the decision to name MMH as a suspect.
“We regret the decision to name Muhammad Misbahul Huda, a contract teacher, as a suspect simply because he held a dual role as a Local Village Assistant (PLD),” Habiburokhman told reporters on Tuesday (24 February 2026).
“The prosecutors should have adhered to Article 36 of the new Criminal Code, which requires the element of intent,” he added.
According to him, in this case, it can be understood that MMH may not have been aware of the prohibition against holding dual positions. Therefore, he believes that a criminal approach is not appropriate.
“If this is indeed wrong, he should only be asked to return one of his salaries to the state,” he said.
This Gerindra Party politician also reminded that the paradigm in the new Criminal Code has shifted from retributive justice to a more substantive, rehabilitative, and restorative justice.
“The prosecutors must also adhere to the fact that the paradigm of the new Criminal Code is no longer retributive justice, but has shifted to substantive, rehabilitative, and restorative justice,” he said.
Previously, a contract teacher at SDN Brabe 1 in Probolinggo, named Muhammad Misbahul Huda (MMH), was named a suspect for holding a dual role as a Local Village Assistant (PLD). Misbahul is accused of causing a loss of Rp 118 million to the state by receiving a salary from both positions.
As reported by detikJatim on Tuesday (24 February 2026), the decision to name MMH as a suspect was made by the Probolinggo District Attorney’s Office. According to the prosecutors, the village assistant’s employment contract stipulates that Misbahul should not have any other employment ties funded by state funds, such as the state budget (APBN), regional budget (APBD), or village budget (APBDes).
Similar provisions are also said to apply in the contract for contract teachers, which prohibit having an employment agreement with another institution if both are funded by state funds. The Head of the Intelligence Section of the Probolinggo Regency Prosecutor’s Office, Taufik Eko Purwanto, explained that these rules are stipulated in the employment agreements for each position.
“The state losses caused, based on calculations by the Audit Team of the East Java High Prosecutor’s Office, amount to approximately Rp 118 million,” said Taufik on Thursday (12 February).
(amw/maa)