C

abinet ministers holding two posts may be forced to relinquish one of their positions if the Constitutional Court approves a judicial review filed by a National Awakening Party (PKB) member.

Lily Chadidjah Wahid's lawyer, Edy Sutrisno Sidabutar, said Thursday that Lily had filed a judicial review against the 2008 State Ministries Law as she disagreed with the PKB chairman Muhaimin Iskandar who is also the manpower and transmigration minister.

"Ministers are not permitted to hold two positions as chairmen of political parties," Edy told Antara state news agency at the Constitutional Court.

Edy said that Lily requested the court review Article 23 of the law, stipulating that ministers are not permitted to work as state officials, commissioners or directors of state-owned or private companies, and leaders of organizations financed by the state and/or regional budgets.

Lily also requested the court specify whether organizations funded by the national and regional budgets included political parties.

Edy said overlapping jobs held by ministers was unconstitutional, as it contradicted Article 27 and Article 28D of the Constitution.

Both articles stipulate that citizens are equal before the law, while Article 28D stipulates that every citizen has equal rights in the government.

Lily said that Muhaimin had violated the regulations by delivering formal letters to PKB members at the House of Representatives using his letterhead from the manpower and transmigration ministry on Nov. 30.

Separately, Constitutional Court chief Mahfud M.D. said the Court would process the review.

"There is nothing special about the review. We already have the guidelines that our decisions will be based on," he told The Jakarta Post through a text message on Friday.

Aside from Muhaimin, ministers who could be affected by the legal review include the Coordinating Public Welfare Minister Agung Laksono who is also the Golkar deputy chairman, Justice and Human Rights Minister Patrialis Akbar who is also the National Mandate Party (PAN) deputy chairman, and Forestry Minister Zulkifli Hasan, who is also the secretary general of the PAN.

Refly Harun, a legal expert from the Center for Electoral Reform (Cetro), said the law prohibited ministers from serving as chairmen of political parties.

He said political parties could be categorized into organizations funded by the state and regional budgets, although the law did not specify this.

"I don't believe ministers should retain two positions because they should fully concentrate on helping the President, not working for the interests of their political parties," he told the Post over the phone.

He added the law should clearly outline organizations funded by the state and regional budgets to avoid ambiguous interpretations.

A legal expert from the University of Indonesia, Rudi Satrio, also said the law clearly prohibited ministers from holding their positions.