Urgensi Pembatasan Kewenangan Presiden Pada Pengubahan Nomenklatur Kementerian Negara

Abstract

Arrangements for changing the nomenclature of state ministries appeared during the 3rd amendment to the 1945 Constitution, namely by adding Article 17 paragraph (4). Article 17 paragraph (4) stipulates that the establishment, change and dissolution of state ministries is regulated by law. The mandate of the 1945 Constitution of the Republic of Indonesia is embodied in Law Number 39 of 2008 concerning State Ministries. The formulation of the problem contained in this study is the analysis of the mechanism for changing the nomenclature of state ministries according to the 1945 Constitution of the Republic of Indonesia and the implications of changing the nomenclature of state ministries. The research method used in this research is normative juridical research, namely research on legal materials using several approaches including conceptual approaches, statutory approaches and historical approaches. The results of the study show that the provisions contained in the Law on State Ministries still contain ambiguity and legal uncertainty, especially regarding the DPR's deliberations. The considerations of the DPR referred to in the Law on State Ministries are not clearly regulated in terms of form and legal basis.