Research Article
Reconstruction Implementation of the Prerogative of the President in the Appointment of Ministers Based on the 1945 Constitution is Associated with the Indonesian Constitutional Law System
@INPROCEEDINGS{10.4108/eai.12-11-2022.2327283, author={Sulkiah Hendrawati and Faisal Santiago and Zudan Arief Fakrulloh}, title={Reconstruction Implementation of the Prerogative of the President in the Appointment of Ministers Based on the 1945 Constitution is Associated with the Indonesian Constitutional Law System}, proceedings={Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia}, publisher={EAI}, proceedings_a={MIC}, year={2023}, month={2}, keywords={reconstruction; presidential prerogatives; 1945 constitution}, doi={10.4108/eai.12-11-2022.2327283} }- Sulkiah Hendrawati
Faisal Santiago
Zudan Arief Fakrulloh
Year: 2023
Reconstruction Implementation of the Prerogative of the President in the Appointment of Ministers Based on the 1945 Constitution is Associated with the Indonesian Constitutional Law System
MIC
EAI
DOI: 10.4108/eai.12-11-2022.2327283
Abstract
Based on post-reform accentuation is the implementation of amendments to the 1945 Constitution, in its formulation both before and after the amendment still gives the authority for the president as head of government to appoint ministers of state. This study aims to analyze the implementation of the prerogative of the president in the appointment of Ministers both based on the 1945 Constitution and the Indonesian Constitutional Law System. This research is descriptive with normative juridical research types, using a statutory approach and a comparative approach. Data were collected through literature studies, then analyzed qualitatively. This research shows, first, Article 17 of the 1945 Constitution is the individual authority of the President as an implication of the presidential system with a multiparty coalition which in practice is in the appointment of Ministers as the president's petitioner in the intervention of political parties. Second, the reconstruction of the implementation of the president's prerogative in appointing Ministers as presidential aides cannot be separated from the involvement of political parties that play a role in the presidential election process, so that in the process of appointing these Ministers which boils down to the formation of a cabinet there is a need for an improvement in legislation or improvement of state ministry laws, regulation of presidential institutions, and methods of selecting Ministers.