HAK PREROGATIF PRESIDEN DALAM PEMBENTUKAN KABINET MULTI PARTAI MELALUI PRINSIP FIXED EXECUTIVE SYSTEM

Abstract

In a presidential government, the President has the prerogative in forming a cabinet through the appointment and dismissal of state ministers. Even though constitutionally the president can form a cabinet, in practice the president is actually held hostage by the rules in the law with the provision of a threshold for presidential nominations. As a result, in order to become a presidential candidate, a coalition must be formed with supporting political parties. This has become another strength, especially for supporting political parties, which forces the president to share authority with him. The coalition political parties supporting the government demand a balance of accommodation of interests in the cabinet. The problem in this paper is, how is the President’s prerogative in forming a multi-party cabinet in a presidential system of government through the principle of a fixed executive system? This paper uses a juridical-normative research method, with a statutory approach, a conceptual approach, a historical approach and a comparative approach. This approach is used to conduct a comparative analysis with other countries, especially in terms of the president forming a multi-party cabinet. A presidential government system that is built should be based on the premise that the President has the right to appoint and dismiss ministers of state to support the effectiveness of his government’s performance in order to serve the interests of the people as much as possible. The president’s authority to fill or determine ministers (cabinet) is forced to compromise in the preparation of the cabinet with political parties supporting the government coalition. Therefore, in order to strengthen the President’s prerogative in forming a cabinet, regulations must be made that allow the President to be nominated with the support of a lower party vote so that the President has the power to form his cabinet without having to compromise with the supporting party.