Tinjauan Yuridis Hak Prerogatif Presiden Dalam Pengangkatan Dan Pemberhentian Menteri Berdasarkan Undang-Undang Nomor 39 Tahun 2008

Ghibrani, Arie (2022) Tinjauan Yuridis Hak Prerogatif Presiden Dalam Pengangkatan Dan Pemberhentian Menteri Berdasarkan Undang-Undang Nomor 39 Tahun 2008. Other thesis, Universitas Islam Riau.

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Abstract

State administrators have an important role in realizing the goals of the state as mandated in the Preamble to the 1945 Constitution of the Republic of Indonesia. In carrying out its system, Indonesia applies a presidential system which gives the president a lot of power to create a stable government. Prerogative is a special power that is owned by a president without being interfered by other institutions. This view seems to place the president as having absolute authority and cannot be limited according to the principle of checks and balances in the teachings of the constitution adopted by Indonesia. One of them is the president has the prerogative in the appointment and dismissal of ministers as regulated in Article 17 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. With a presidential system, the president is also sought to be in a stable political condition of government to run his government from threats of dismissal or other performance barriers. This writing uses a normative juridical research method, where the author uses laws, journal articles, books and supporting documents in analyzing the relevance between the appointment of ministers in the presidential system and the prerogative rights possessed by the president. As for the formulation of the problem in the author's research, namely, first, how is the existence of the president's prerogative in the 1945 Constitution of the Republic of Indonesia, and second, is the regulation of Law No. 39 of 2008 in accordance with the principles of presidential prerogatives. The conclusions in this paper are: First, the constitutional authority of the president in appointing and dismissing ministers is stated in Article 17 paragraph (2) of the 1945 Constitution. 39 of 2008 concerning state ministries. Second, the emergence of political parties and the presidential threshold has led to a coalition that has an impact on the neutrality of the president in carrying out his authority to appoint ministers who will become his assistants in carrying out their roles as head of government and head of state. Where the phenomenon of the minister entrusted from the coalition party.

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