Rangkap Jabatan Menteri dan Wakil Menteri dalam Kabinet Merah Putih (2024–2029) terhadap Kinerja Pemerintahan dan Prinsip Good Governance

Abstract

This article examines the practice of dual office holding by ministers and deputy ministers in Indonesia's Red and White Cabinet for the 2024-2029 period and its implications for government performance and good governance. This study employs a normative legal research design using statutory and conceptual approaches. The data were obtained through the analysis of primary legal materials, including Article 23 of Law No. 39 of 2008 on State Ministries as amended by Law No. 61 of 2024, Constitutional Court Decision No. 128/PUU-XXIII/2025, and various secondary legal materials such as journal articles, books, and institutional reports related to constitutional law and governance. The findings show that despite the explicit legal prohibition, several deputy ministers continue to hold concurrent positions as commissioners or supervisors in state-owned enterprises. This practice creates conflicts of interest, weakens the independence and professionalism of public officials, and reduces cabinet effectiveness due to divided governmental and corporate responsibilities. Furthermore, dual office holding contradicts the principles of professionalism, accountability, transparency, legal certainty, and impartiality within good governance. The novelty of this research lies in its integrated analysis of constitutional prohibition, judicial interpretation, and the practical consequences of dual office holding in the post-2024 cabinet structure. This study contributes to constitutional law and governance studies and may serve as a reference for future research concerning public office ethics, institutional integrity, and government accountability.