Dilema Regulatif di Balik Kursi Ganda: Celah Hukum, Konflik Kepentingan dan Ancaman terhadap Good Governance

Abstract

The practice of dual or multiple office-holding by central government officials especially ministers and equivalent positions raises significant concerns regarding power ethics, public governance, and the rule of law. In Indonesia, this phenomenon frequently operates within a regulatory gray area and is often legitimized through political rhetoric or pragmatic state necessities. This article aims to comprehensively examine the issue of dual office-holding through both normative juridical and empirical juridical approaches. The discussion centers on two primary focuses: first, a socio-legal analysis that explores the dynamics of power relations, conflicts of interest, and potential legal and ethical violations using legal theory, conflict theory, and power criminology. Second, an assessment of public governance and the legislative framework—highlighting the extent to which existing laws either restrict or remain silent on the matter. Case studies include active government officials concurrently serving as executives in sports organizations, state-owned enterprises, and non-structural bodies. The findings reveal that the absence of strict oversight mechanisms and flexible legal interpretations tend to widen the margin of compromise against public integrity and accountability. The article concludes by recommending a reformulation of clear legal norms, strengthening internal and external supervision systems, and promoting a paradigm shift regarding the public official’s loyalty to public interest.