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Legal basis and formation of ministers in Indonesian law


Jakarta (ANTARA) – The formation or selection of ministers is an important aspect of the Indonesian government system. Ministers as part of the cabinet have a strategic role in implementing public policies, managing resources, and developing programs that have a direct impact on society.

Ministers are high-ranking state officials appointed by the president to help run the government, who are responsible for managing the ministries they lead.

In their duties, each minister formulates policies according to their respective fields and duties, and implements programs in accordance with the government’s vision and mission.

In addition, ministers have a role in making decisions and reporting to the president regarding the implementation of ministerial duties.

The following is information regarding the legal basis and provisions for the formation of ministers in Indonesian law.

Also read: Definition of cabinet, duties and functions in government

Legal basis for the formation of ministers

1. 1945 Constitution

Article 17 of the 1945 Constitution states that “the President appoints ministers and is dismissed by the President”. In carrying out his duties, the president is assisted by ministers to assist in running the government. This confirms the president’s authority to appoint ministers, and they can also be dismissed directly by the president

2. Law Number 39 of 2008

This law regulates the formation, organization and functions of ministries. In its articles, this law explains the organizational structure of ministries and the mechanisms for the formation and appointment of ministers.

Provisions for the formation of ministers in the Law

The formation or selection of ministers is carried out directly by the president, in accordance with the provisions regulated in various articles of Law Number 39 of 2008 concerning State Ministries, especially in Chapter V. The following are the provisions:

• Article 12

The President established the Ministries of Foreign Affairs, Home Affairs and Defense, as intended in the 1945 Constitution of the Republic of Indonesia.

• Article 13

1. The President forms the Ministry as intended in Article 5 paragraph (2) and paragraph (3).

2. Establishment of the Ministry as intended in paragraph (1) by considering:

  • Efficiency and effectiveness
  • Task scope and proportionality of task load
  • Continuity, harmony and integration of task implementation.
  • Global environmental development.

• Article 14
For the purposes of synchronizing and coordinating Ministry affairs, the president can establish a coordinating Ministry.

• Article 15

The total number of Ministries as referred to in Article 12, Article 13 and Article 14 is a maximum of 34 (thirty four).

• Article 16

The formation of the Ministry as intended in Article 12, Article 13 and Article 14 is no later than 14 (fourteen) working days after the President takes the oath/promise.

Also read: Gerindra: Prabowo’s cabinet will be known on the 5th day of the inauguration

Also read: Spokesperson revealed 3 criteria for ministerial candidates in the Prabowo-Gibran cabinet

Reporter: Sean Anggiatheda Sitorus
Editor: Suryanto
Copyright © ANTARA 2024



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