Fence M Wantu
- Hukum
The long path of constitutional to find the government format has led to the point of choice of the presidential system with a multi-party system that is confronted with the political reality of the coalition in carrying and winning the presidential candidate. The success of an elected president in carrying out his constitutional duties going forward, one of which will be determined from the success of the president in choosing his ministers, a president who is not strong and brave, will be very vulnerable to being controlled by the support party in the coalition frame, including in terms of appointing the minister, so that it will reduce the president's prerogative rights. The purpose of this paper is to decipher the ideal cabinet fulfillment concept in order to realize a constitutional quality government. The approach used the historical and statute approach with prescriptive analysis techniques. As a result, in legally, the provisions regarding the requirements for appointment of ministers by the president still have an empty space related to the requirements for qualifications, competencies or expertise of a person in the appointment as minister. This condition is not rare causes the appointment of ministers more based on the share of "gift-vouchers" by the president to political parties as an act of returning the favor to the sweat of the party that poured during his election as president. The choice of walking the constitutional path to the zaken cabinet is the right choice, with the appointment mechanism that creates a culture of competition, selective and objective, where all can propose people who are considered good and competent, and a small team formed by the president who will trace the track record of expertise and the candidates expertise and integrity, and the results being the recommendations to the president who will determine who the ministers will help him realize a quality constitutional government, fulfill the constitutional promise at the Opening of the 1945 Constitution of the Republic of Indonesia, as well as fulfilling the constitutional rights of its citizens. Keywords : Presidential, Zaken Cabinet, Constitution
Fakultas Hukum Universitas Samudra
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