The Individual Opposition of Mahfud MD

By Budiman Tanuredjo, Senior Journalist for Kompas.com, April 30, 2025

My friend Sukidi Mulyadi sent me a news link headlined, “Mahfud MD Supports Draft Law on Presidential Power to Prevent ‘Abuse of Power.’” Moments later another colleague shared a different article: “Mahfud Says Constitutional Court Has Outlawed Ministers and Deputy Ministers Holding Two Jobs.”

I describe Mahfud as an early emerging example of the “individual opposition,” that is to say, an opposition that is not formed by political parties or parliamentary structures, but rather by virtue of the person’s moral legitimacy, government experience, and public courage in opposing the dominance of those in power.

Indeed there is no political theory to explain the phenomenon of the “individual opposition,” or what to me is a kind of “citizen whistleblower in a democratic crisis” or a “symbol of counter power.”

On the actual topic of the proposed law, the renewed proposal for a law regulating the exercise of presidential power is a reflection of the current anxiety in the nation and of Mahfud himself. The former Chief Justice of Indonesia’s Constitutional Court is deeply troubled by the state of the law in the country.

He argues that a law regulating presidential power is needed to prevent a president emerging who could potentially commit an “abuse of power,” who would use their position for the benefit of their own group. This would include using their influence for the interests of their own group and family during the “lame duck” period between a presidential election and inauguration.

From the presidencies of Sukarno through to Prabowo Subianto, the nation has never had a law regulating presidential power. There has never been any legislation that even minimally distinguished the president’s roles as head of state, head of government, supreme commander of the armed forces, party leader, and head of their family.

Such a distinction would be aimed at preventing the current conflicts of interest running rampant in the country. One of the causes of these conflicts of interest is the trend to appoint public office holders to multiple positions, as with the double roles of ministers who also serve as chief executive officers or directors of state-owned companies. And this despite the country’s Constitutional Court having prohibited the doubling up of the positions held by ministers and deputy ministers as directors of state-owned companies.

Article 23 of State Ministries Law No. 39/2008 prohibits ministers from holding double positions as: other state officials; commissioners or directors of state-owned or private companies; or leaders of organizations funded by the central or provincial budgets.

The question is, is the State Ministries Law being followed? The answer is clearly it is not! Several ministers and deputy ministers hold double positions as the CEOs of companies, including Indonesia’s sovereign wealth fund Danantara, or as the directors of government owned companies. There are several deputy ministers who hold positions of directors of state-owned governments and this is just ignored.

So what is the point of having included the prohibition against double jobs in the law? Why does Indonesia’s House of Representatives as the body responsible for exercising oversight say nothing? There has been not a critical sound from the House about these violations. But Mahfud has spoken out saying, “This is an indication of corruption,” in an interview with Rizal Mustari on his YouTube channel.

Some legal products have slipped through the cracks of oversight. One such regulation causing concern and uncertainty among palm oil workers is Presidential Regulation No. 5/2025 On the Regulation of Forest Areas. This regulation established a task force to oversee forest areas with the head of the advisory council as the Minister of Defense and a number of other officials as an Executive Board chaired by the Under Attorney General for Special Crimes.

Article 5 of the regulation provides that: Forest Areas as the recovery of assets in Forest Areas as provided for in Article 3 can be undertaken through criminal, civil, and administrative mechanisms in accord with the legislation in force.

After this regulation was issued photos circulated on social media showing areas that had been seized. However, the question is what happens next? I have spoken with a number of palm oil workers concerned about the ongoing operational sustainability and financial burdens of their palm oil businesses. “This has created uncertainty,” they say. The regulation has been identified as raising several issues, such as regulatory conflicts, the institutional structure of the task force led by the Minister of Defense and the Attorney General Office, and the lack of clarify about when criminal sanctions might be used. Governance seems to be a pressing issue needing attention in this country.

For nearly two months media reports have highlighted complaints from the business community about disruptions from criminals. However, there has been no significant effort to solve the problem. Criminals seem to be acting as proxies for the state. The issue of criminal behavior has only recently emerged as a public concern over the past six months and it appears that it is being tolerated. The business community is having to find ways to secure their operations themselves.

A variety of anomalies or irregularities in society seem to be left unresolved. Violations of the law seem to be normalized because there is no accountability. Mahfud has previously said that corruption has permeated the legal system in this country.

But consider philosophers like Aristotle (384-322 BC) who wrote, “law must govern,” and “lawmakers must also be subject to the law.” Cicero (106-43 BC) noted, “we serve the law so that we may be free.” John Locke (1690) wrote, “where law ends, tyranny begins” and John Adams emphasized, “Government of laws, not of men.”

In this country the law is manipulated, regulations are changed to suit the whims of those in power. In Indonesia, the legal system is clearly in disarray. Judicial verdicts can be bought and sold. Legislation is not crafted for justice but for other interests, including “state reclaiming.” Legal instruments come with a price tag, which explains why the House of Representatives does not want to debate a Seizure of Criminal Asset Law. Rather everyone is opting to remain silent.

In the context of the powerlessness of the political infrastructure, or, the lack of a crisis in the institutional opposition, Mahfud’s role has become crucial. In a multiparty presidential system like Indonesia’s, institutional opposition (the House of Representatives, political parties) and civil society organizations are often powerless, having been co-opted by power or because they are complicit in enjoying the benefits of power. The House and political parties have lost their oversight function as they have become part of the cycle of power (executive aggrandizement).

In a context like this, a vacuum has emerged for non-institutional opposition. Figures like Mahfud—who have legal credibility, a track record of reform, and moral authority—can emerge as solitary actors who can provide a check on power.

He does not represent a party, nor is he a formal opposition leader, however his voice can resonate with the public and shake the foundations of power. According to the ideas of Pierre Bourdieu, Mahfud possesses social capital, cultural capital, and symbolic capital. However, he lacks economic and political capital because he does not hold a position of power. Public intellectuals—such as Sukidi Mulyadi, Zainal Arifin Mochtar, Bivitri Susanti, Fathul Wahid, Sulistyowati Irianto, and Yanuar Nugroho, to name but a few—who are still isolated now have to join forces to create a roadmap for repairing the nation and for developing “the opposition of individuals” into a “civil society opposition.” Editor : Sandro Gatra

This post is based on https://nasional.kompas.com/read/2025/04/30/13522401/oposisi-individual-mahfud-md. Featured image credit WSJ.

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