Ina Parlina and Margareth Aritonang, Jakarta – The Constitutional Court has ordered President Susilo Bambang Yudhoyono to reappoint 20 deputy ministers following a challenge from the National Movement for Corruption Eradication (GNPK).
The court overturned part of Article 10 of the State Ministry Law, which is used to appoint deputy ministers, as unclear and unconstitutional.
"The elucidation of Article 10 of the State Ministry Law contravenes the Constitution. Thus, it is not binding," justice Achmad Sodiki said on Tuesday when reading the court's decision. The elucidation requires that a deputy minister be a "career official and not a Cabinet minister".
The Constitutional Court decided on the issue following a request by the GNPK to review the President's appointment of the deputy ministers, which it claimed would cost the state an additional Rp 1 trillion to pay for the officials' housing, transportation, salaries and allowances over three years.
The President's appointments of the officials has been criticized by his opponents.
The appointment of legal observer Denny Indrayana as deputy law and human rights minister last year drew the most ire. Critics said that Denny, a grade III/C civil servant, was too junior for a deputy ministerial post, which was typically held by a very senior grade I civil servant.
They pointed to the case of Anggito Abimanyu, the economic expert who headed the Finance Ministry's fiscal policy unit. The appointment of Anggito, an echelon IB civil servant, as deputy finance minister was withdrawn for a lack of "seniority".
"Without clear job descriptions, the appointment of deputy ministers will create an impression that the posts were set up simply as political gifts," justice Achmad Sodiki added.
The court disagreed with the plaintiffs' assessment of the appointments on the state coffers, saying that the nation would reap benefits from the deputy ministers, despite their financial expense, the court said.
After the hearing, justice Akil Mochtar said all deputy ministers had to stop the performance of their official duties pending their reappointment. GNKP representative Adi Warman said he respected the court's decision, urging Yudhoyono to also respect it by revising the decree soon.
Mualimin Abdi, litigation legislation chief at the Law and Human Rights Ministry, disagreed with the court, claiming that the deputy ministers could continue work while awaiting reappointment. Denny said that the ruling meant the mandate of deputy ministers was "more legitimate than ever".
Chief justice Mahfud MD opened the session announcing the court's decision with a statement criticizing both the plaintiff and the general public for exaggerating the case. "The case seems to be special for the public, but it is simple for the court; There is nothing extraordinary about the case," he said.
The plaintiffs, he added, had displayed contempt of court by telling the media that the Constitutional Court had deliberately delayed issuing the decision for certain interests. "There was no such postponement. Do not provoke things," Mahfud said before the decision was read.
Cabinet Secretary Dipo Alam said that he expected the affected deputy ministers to continue their work.
"I have not yet heard about any instruction. But, the deputy ministers will be at work as normal," Dipo said. "There will soon be a revision to the [appointment] decrees in line with the Supreme Court's ruling."
[Bagus BT Saragih and Hans David Tampubolon contributed reporting.]