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ANALISIS YURIDIS TERHADAP PUTUSAN MK NOMOR 128/PUU XXIII/2025 : KONSTITUSIONALITAS RANGKAP JABATAN WAKIL MENTERI Sakdi Sakdi; Moh. Siswanto; Imam Bustomi
Jurnal Yustitia Vol. 27 No. 1 (2026): YUSTITIA
Publisher : Universitas Madura

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Abstract

The position of the Deputy Minister in Indonesia’s governmental system remains a constitutional and legal debate, as it is not explicitly mentioned in the 1945 Constitution of the Republic of Indonesia. Although regulated under Law Number 39 of 2008 concerning State Ministries, the regulation only prohibits Ministers from holding concurrent positions, without extending the same prohibition to Deputy Ministers. This regulatory gap creates legal uncertainty and potential conflicts of interest within the executive branch. This study aims to analyze the constitutional and legal status of the Deputy Minister and to examine the legal reasoning of the Constitutional Court in Decision Number 128/PUU-XXIII/2025 regarding the prohibition of dual positions for Deputy Ministers. The research employs a normative juridical methodwith statutory, conceptual, and case approaches. The legal materials consist of primary sources such as legislation and court rulings, secondary sources including books and legal journals, and tertiary sources such as legal dictionaries and encyclopedias. The findings reveal that the Deputy Minister holds an administrative position subordinate to the Minister, valid under positive law but without direct political responsibility to the President. The Constitutional Court ruled that allowing Deputy Ministers to hold multiple positions contradicts the principles of equality before the law and the general principles of good governance (AUPB). Consequently, the Court emphasized that the prohibition of concurrent positions must also apply to Deputy Ministers. This decision reinforces the principles of good governance, accountability, and constitutional morality among public officials to ensure a clean, transparent, and just government administration. Keywords: Constitutional Court, Deputy Minister, Dual Position Prohibition, Good Governance, Constitutionality
Menertibkan Kembali Maqāṣid: Demarkasi Makna dan Penerapan dalam Tafsir Maqāṣidī Kontemporer Mahbub Ghozali; Imam Bustomi
Contemporary Quran Vol. 5 No. 1 (2025)
Publisher : Universitas Islam Negeri Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/cq.v5i1.6683

Abstract

Contemporary maqāṣidī exegesis has flourished as a paradigm for interpreting the Quran; however, it has developed without establishing the most fundamental demarcation line: the scope of authority within which maqāṣid (objectives) operate. This research aims to establish this missing demarcation line as a benchmark and subsequently use it to evaluate the validity of maqāṣidapplications in contemporary discourse. Employing a qualitative approach with a comparative case-study design and “close reading” methodology, the study reveals that the uṣūl al-fiqh tradition—from al-Juwainī to al-Syāṭibī—consistently positions maqāṣid as a guide for application (muwajjih li al-taṭbīq) rather than as a determinant of meaning (muḥaddid li al-ma‘nā). Consequently, maqāṣidare situated at the downstream stage of the interpretive process—a boundary consistently maintained within the ‘ulūm al-Qur’ān. The study finds that contemporary maqāṣidī exegesis does not represent a natural continuation of this tradition but rather an epistemological rupture. The safeguard rules (ḍawābiṭ) formulated by Waṣfī ‘Āsyūr Abū Zaid and Aḥmad al-Raisūnī fail structurally because they undermine their own authority by shifting maqāṣid from the downstream to the upstream stage of meaning. However, this failure is not an inherent consequence of the methodological structure itself; the model proposed by ‘Abd al-Karīm Ḥāmidīdemonstrates that the maqāṣid approach remains coherent provided it is applied to legal verses where the indication of meaning is clear.