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VOL. 12, ISSUE 1 (2026)
The constitutional legality of presidential family members holding public office in Indonesia: A juridical perspective
Authors
Ema Novitasari, Susianto, Supriyadi
Abstract
This research aims to analyze the position of
the President's family members occupying public office within the Indonesian
constitutional system, from the perspectives of preventing nepotism and the
ethics of power. This phenomenon has sparked debate over potential conflicts of
interest and the trading of influence. The research method employed is a
normative juridical approach, utilizing a statutory and a conceptual approach.
The results indicate that the President's family's involvement in public office
currently resides in a legal vacuum, particularly regarding elective offices.
The analysis was conducted by synchronizing Law No. 28 of 1999 concerning State
Organizers who are clean and free from Corruption, Collusion, and Nepotism, Law
No. 30 of 2014 concerning Government Administration regarding the prohibition
of the abuse of authority, and Law No. 9 of 2004 concerning State
Administrative Courts. This research formulates limitation parameters into two
main dimensions. First, Juridical Limitations, which are centered on procedural
integrity; violations occur when legal procedures are manipulated through abuse
of power for the sake of family interests. Second, Ethical Limitations, which
are centered on the principle of impartiality; these limits are crossed when
the President's actions create a perception of unfair political access and
damage the moral legitimacy of the office. Based on these findings, this
research suggests the necessity of regulatory reform to fill this legal vacuum.
Furthermore, the internalization of ethics requires a mechanism for recusal or
the President's withdrawal from all decision-making processes directly related
to the family's political interests, to maintain the dignity of Indonesian
democracy.`
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Pages:104-108
How to cite this article:
Ema Novitasari, Susianto, Supriyadi "The constitutional legality of presidential family members holding public office in Indonesia: A juridical perspective". International Journal of Humanities and Social Science Research, Vol 12, Issue 1, 2026, Pages 104-108
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