NERACA SPOIL SISTEM DAN MERIT SISTEM DALAM MERANCANG KABINET PRESIDENSIAL YANG BERKEADILAN

Abstract

The choice of government system positions the Minister as an important part in maintaining the position of head of government in a country. Presidential system, should not be directly proportional to the fear of impeachment of the President if the government is only supported by a minority party. On the other hand, a parliamentary system will always be overshadowed by a vote of no confidence if the ministers are unable to ‘please’ the majority parties in parliament. The role of the minister is so strategic that the position of assistant to the President and/or Prime Minister is ‘attractive’ not only to bureaucrats, but also to politicians. The problems discussed in this article are, first, the role of political parties in maintaining the equality of popular sovereignty and majority rule in a government. Second, quo vadis appointment of Ministers in a presidential system. This article was concluded through legal research, using three approaches, namely: statute approach, conceptual approach and case approach. The first analysis shows that democratic government should be based on popular sovereignty and majority power which is channeled through the role of political parties in a fair general election contestation. And the second study states that the appointment of Ministers in a presidential system is the limited prerogative of the President. Spoil systems and merit systems will always be intertwined in the practice of selecting ministers after the presidential general election is over. It is necessary that we must be able to balance between both systems, as an effort to create a proportional Kabinet that is open to competence and contestation for politicians and/or bureaucrats.