CD Skripsi
Tinjauan Yuridis Rangkap Jabatan Wakil Menteri Badan Usaha Milik Negara Menurut Undang-Undang Nomor 39 Tahun 2008 Tentang Kementerian Negara
Indonesia is a constitutional state which is not only based on power, but on existing rules or laws. The government runs on the basis of the constitution and is not absolutism (unlimited power) in accordance with the Provisions contained in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia which states that Indonesia is a state of law.
The presidential system is a system of government that is centered on the position of the president as head of government as well as head of state. In this system, the executive branch, which is represented by the president, is not responsible to the legislature, which, if exemplified in the Indonesian government system, is represented by the DPR. The position of the executive body is stronger in dealing with the legislature. A presidential system can be said to be a representative government of the people, with a system of strict separation of powers. The separation between the executive and legislative powers means that this executive power is held by an agency or organ which, in carrying out its duties, is not responsible for the people's representative body.
This concurrent position in the Ombudsman's assessment will cause several losses. Starting from the existence of conflicts of interest, issues of competence and capability of officials who are concurrently not in accordance with the position of commissioner, and the emergence of double income. In the view of the State Civil Apparatus Commission (KASN), the phenomenon of multiple positions apart from causing a conflict of interest, is also the root of fraud. Concurrent positions of SOE commissioners by public officials are opportunities for corruption.
Multiple Positions is an action carried out by a person in two or more positions in the same or different environments. Being in power means that when a person has concurrent positions, it is undeniable that the holder of the position will not be able to optimally carry out one of the positions held due to negligence. So that the worst possibility is not carrying out the duties optimally in both positions.
Keywords: Multiple Positions, Minister, Position, Constitutional Court.
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