DESAIN JALAN TENGAH PENGGUNAAN HAK PREROGATIF PRESIDEN DALAM PENYUSUNAN KABINET

Abstract

The president has the prerogative in terms of forming a cabinet so that the president does not need consideration or approval from any party. However, the president’s prerogative is powerless before political parties. This research is based on the problem of what is the meaning and implications of prerogatives on the pattern of appointment of Ministers and how to design a middle way to use prerogatives in the appointment of Ministers. This research uses normative juridical research with statutory regulations, case approaches and philosophical approaches. The research results prove that the determination of who will be appointed as Minister is based on the distribution of seats between the political parties supporting the President. Political considerations are more dominant than considerations for the needs of each Ministry. As a result, many ministries are led by people who have no academic track record and work experience in the ministry they lead. This certainly makes a ministry unable to run professionally in order to support the interests of the people. Therefore, a middle way is needed between the prerogative of the president and the interests of political parties. The president’s prerogative marwah must be maintained but also accommodative to political realities. The middle way that can be taken is through the establishment of criteria regarding who is for which ministry and also by limiting the allocation of the number of ministerial seats for political parties