CD Skripsi
Kewenangan Presiden Dalam Pengisian Jabatan Menteri Berdasarkan Undang-Undang Nomor 39 Tahun 2008 Tentang Kementerian Negara
ABSTRACT
This study aims to find out how the President's authority in filling ministerial
positions is based on Law Number 39 of 2008 concerning State Ministries. The
formulation of the problem proposed is whether the President in filling ministerial
positions has complied with the provisions based on Law Number 39 of the Year
concerning State Ministries and what is the ideal form of filling ministerial positions
based on Law Number 39 of 2008 concerning State Ministries.
This research is a normative juridical research, research conducted based on
legal materials and legislation. The approach taken includes a library approach,
namely by studying books and laws and regulations. The type of data used is the
primary data type, namely data sources obtained through laws related to the State
Ministry, secondary data sources, namely data sources originating from books and
other regulations, consisting of premier legal materials, laws and regulations
regulates the Ministry of State
The theory used in this research is the rule of law theory, legal political
theory and presidential government system theory. The results of this study indicate
that in filling the position of Minister which is carried out by the President in
accordance with the authority of the President in appointing Ministers based on Law
Number 39 of 2008 concerning State Ministries, in the event that the appointment or
filling of the position of Minister of the President does not meet the requirements
stated in Law Number 39 of 2008 concerning State Ministries, although the President
has prerogative rights, the presence of Law Number 39 of 2008 concerning State
Ministries does not limit the President's prerogative rights but to assist and serve as
the basis for the President in filling ministerial positions.
This is due to various factors, namely the abuse of the President's authority in
filling ministerial positions on the basis of the name of Perogative rights and the
influence of a coalition of political parties in the process of filling ministerial
positions which are closely related to the Indonesian government system, namely the
Presidential government system. As for the consequences of existing causes, the
performance of the appointed ministry is not based on requirements or the influence
of a coalition of political parties has a bad impact on carrying out government
activities because it does not prioritize the public interest but the interests of the
private sector and the lack of expertise or ability of the appointed minister in his
field. Keywords: Authority of the President, Filling of Ministerial Positions, Law
Number 39 of 2008 concerning State Ministries
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