Michael Mandey, Ricky (2025) Kedudukan Wakil Menteri Dalam Susunan Organisasi Kementerian Negara Berdasarkan Undang-undang Nomor 39 Tahun 2008. Other thesis, Universitas Islam Riau.

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Abstract

According to Article 17 The purpose of this study was to determine the position of Deputy Minister in Susan's organization of state ministries under the 1945 Basic Law. And know the legal implications of the emergence of a Vice Minister position in the Indonesian state system. The method used is the study of normative law through library studies/documentary studies. The types of approaches used in this study are the Comparative Approach and the Historical Approach. Research results show that the position of the vice minister in Indonesia's state system as a political position is structurally subordinate to the Minister. The authority of the Vice-Minister in the Government system in Indonesia is to assist the Minister in leading the ministry's duties. These include helping the Minister in the formulation and/or implementation of Ministry policies and helping the Minister in coordinating the achievement of the policy strategies across echelon I organizations in the Ministry environment. The position of Deputy Minister, although not regulated by the 1945 Constitution, does not mean that this is prohibited. Thus, on the substance side, there is no constitutionality issue in this situation. Under the Constitution, the absence of orders or prohibitions in the 1945 Constitution means that "anything that is not ordered or prohibited may be done" and that is, as long as it does not potentially violate the constitutional rights or provisions of the 1945 Constitution. The legal implication is that if the vice minister is appointed as a career official, there is no position in the organization of ministries, so it creates a fair legal uncertainty, which is contrary to Article 28D paragraph

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