Analisis Yuridis Penempatan Wakil Menteri Pada Kementerian Tertentu Berdasarkan Undang-Undang Nomor 39 Tahun 2008 Tentang Kementerian Negara

Abstract

The purpose of this research is to understand and analyze the formation of deputy ministers based on Law Number 39 of 2008 Regarding State Ministries. The research problems in this study are: 1) How is the regulation of the formation of deputy ministers based on Law Number 39 of 2008 Regarding State Ministries? 2) What is the mechanism for the formation of deputy ministers based on Law Number 39 of 2008 Regarding State Ministries? The research method used in this thesis is normative juridical, meaning that the research starts from a legal issue by analyzing a legal problem through legislation, literature, and other reference materials. This thesis employs several approaches, including legal, conceptual, and historical approaches. The results of the discussion in this research indicate that: 1) The regulation of the formation of deputy ministers is stipulated in Article 10 of Law Number 39 of 2008 Regarding State Ministries. The formation of deputy ministers by the President in certain ministries is carried out through two main aspects: first, deputy ministers can be formed in ministries with specific workloads; second, the President has the authority to appoint deputy ministers, exercising the prerogative right of the president. 2) The mechanism for the formation of deputy ministers originates from the President's prerogative right. This prerogative right allows the President to determine objectively based on analysis, reasons, and clear urgency. Thus, the need for the formation of deputy ministers is not applicable to all ministries.