ANALISIS JUDICIAL ACTIVISM PADA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 128/PUU-XXIII/2025 TENTANG LARANGAN WAKIL MENTERI RANGKAP JABATAN

Abstract

The Constitutional Court Decision Number 128/PUU-XXIII/2025 concerning the prohibition of concurrent positions for Vice Ministers reflects the increasingly active role of the Constitutional Court in interpreting statutory provisions to address legal uncertainty. The decision expanded the interpretation of Article 23 of Law Number 39 of 2008 on State Ministries, which previously regulated only Ministers, by extending the prohibition of concurrent positions to Vice Ministers. This development raises important constitutional questions regarding the boundaries of judicial authority and the implementation of judicial activism within Indonesia's constitutional system. Therefore, this research aims to analyze the legal reasoning of the Constitutional Court from the perspective of judicial activism and to examine the legal consequences of the decision on Law Number 39 of 2008. This study employs normative juridical research using statutory, conceptual, historical, and case approaches. The legal materials are analyzed through a prescriptive method based on primary and secondary legal sources. The findings indicate that the Constitutional Court exercised judicial activism by adopting a progressive constitutional interpretation to fill a legal vacuum and ensure legal certainty, while remaining oriented toward constitutional values and the principles of good governance. Furthermore, the decision has altered the interpretation and implementation of Article 23 of Law Number 39 of 2008 by establishing that the prohibition of concurrent positions also applies to Vice Ministers