Arrangement and Implementation of the President's Prerogative in Appointment and Dismissal of Ministers of State in the Presidential System in Indonesia

10.2478/bjlp-2023-000001

Abstract

The purpose of this research is to analyze the arrangement and implementation of the prerogative of the President of Indonesia in appointing and dismissing ministers during the reform era. The type of research is normative legal research which examines the appointment and dismissal of Ministers in Law Number 39 of 2008 concerning state ministries and the practice of appointing and dismissing Ministers in the reform era. The formulation of Law Number 39 of 2008 is expected to be a guideline for the President in appointing and dismissing Ministers. Still, based on the analysis, there are juridical problems in ministerial appointments, namely 1) educational requirements and competence of ministerial candidates, 2) mechanism and process for ministerial appointments, 3) composition of political parties and non-political parties in the cabinet, 4) requirements and the number of Deputy Ministers, and 5) Minister's oath of office. In addition, there are reasons and procedures for dismissing Ministers that are unclear and unstipulated in Law Number 39 of 2008, namely 1) it is not clear why the President, 2, determines the reasons for dismissal) The procedures for temporarily dismissing Ministers who have status as defendants are not precise, and 3) conditions for dismissal have not yet been set when the Minister no longer fulfills the requirements as a minister. For legal certainty, it is necessary to revise Law Number 39 of 2008.