Presidential Discretion and Ministerial Inflation
The amendment to Article 15 of the State Ministry Law, which eliminated the cap on ministries and replaced it with "as needed by the President," has introduced legal uncertainty in Indonesia. This change adversely affected the structuring and formation of state ministries. This study anal...
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| Format: | Article |
| Language: | Arabic |
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Institut Agama Islam Negeri Ponorogo
2025-05-01
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| Series: | Invest Journal of Sharia & Economic Law |
| Subjects: | |
| Online Access: | https://jurnal.iainponorogo.ac.id/index.php/invest/article/view/10540 |
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| author | Muhammad Jihadil Akbar Dhia Al Uyun Ngesti Dwi Prasetyo |
| author_facet | Muhammad Jihadil Akbar Dhia Al Uyun Ngesti Dwi Prasetyo |
| author_sort | Muhammad Jihadil Akbar |
| collection | DOAJ |
| description |
The amendment to Article 15 of the State Ministry Law, which eliminated the cap on ministries and replaced it with "as needed by the President," has introduced legal uncertainty in Indonesia. This change adversely affected the structuring and formation of state ministries. This study analyzes the factors influencing ministry formation and aims to reconstruct the regulatory framework by reinstating limitations on the number of ministries to mitigate negative impacts. Using a normative legal method with statutory, conceptual, and historical approaches, this study identifies regulatory gaps. The findings reveal that the amendment to the State Ministry Law, particularly the revision of Article 15, which allows ministry numbers to be determined by presidential discretion, creates legal uncertainty. This fails to meet two key indicators of legal certainty theory - lex stricta and lex certa - leading to detrimental implications for ministry formation. This study recommends a judicial review of the amendments and advocates for reinstating a maximum limit on ministry numbers within the legal framework. This regulatory provision enhances legal certainty and prevents potential abuse of authority.
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| format | Article |
| id | doaj-art-0461fcb31c2a449991213a1f122c629a |
| institution | OA Journals |
| issn | 2776-4982 2776-4354 |
| language | Arabic |
| publishDate | 2025-05-01 |
| publisher | Institut Agama Islam Negeri Ponorogo |
| record_format | Article |
| series | Invest Journal of Sharia & Economic Law |
| spelling | doaj-art-0461fcb31c2a449991213a1f122c629a2025-08-20T02:01:47ZaraInstitut Agama Islam Negeri PonorogoInvest Journal of Sharia & Economic Law2776-49822776-43542025-05-015110.21154/invest.v5i1.10540Presidential Discretion and Ministerial InflationMuhammad Jihadil Akbar0Dhia Al Uyun1Ngesti Dwi Prasetyo2University of Brawijaya University of Brawijaya University of Brawijaya The amendment to Article 15 of the State Ministry Law, which eliminated the cap on ministries and replaced it with "as needed by the President," has introduced legal uncertainty in Indonesia. This change adversely affected the structuring and formation of state ministries. This study analyzes the factors influencing ministry formation and aims to reconstruct the regulatory framework by reinstating limitations on the number of ministries to mitigate negative impacts. Using a normative legal method with statutory, conceptual, and historical approaches, this study identifies regulatory gaps. The findings reveal that the amendment to the State Ministry Law, particularly the revision of Article 15, which allows ministry numbers to be determined by presidential discretion, creates legal uncertainty. This fails to meet two key indicators of legal certainty theory - lex stricta and lex certa - leading to detrimental implications for ministry formation. This study recommends a judicial review of the amendments and advocates for reinstating a maximum limit on ministry numbers within the legal framework. This regulatory provision enhances legal certainty and prevents potential abuse of authority. https://jurnal.iainponorogo.ac.id/index.php/invest/article/view/10540Legal uncertaintyPresidential discretionRegulatory limitationState Ministry Formation |
| spellingShingle | Muhammad Jihadil Akbar Dhia Al Uyun Ngesti Dwi Prasetyo Presidential Discretion and Ministerial Inflation Invest Journal of Sharia & Economic Law Legal uncertainty Presidential discretion Regulatory limitation State Ministry Formation |
| title | Presidential Discretion and Ministerial Inflation |
| title_full | Presidential Discretion and Ministerial Inflation |
| title_fullStr | Presidential Discretion and Ministerial Inflation |
| title_full_unstemmed | Presidential Discretion and Ministerial Inflation |
| title_short | Presidential Discretion and Ministerial Inflation |
| title_sort | presidential discretion and ministerial inflation |
| topic | Legal uncertainty Presidential discretion Regulatory limitation State Ministry Formation |
| url | https://jurnal.iainponorogo.ac.id/index.php/invest/article/view/10540 |
| work_keys_str_mv | AT muhammadjihadilakbar presidentialdiscretionandministerialinflation AT dhiaaluyun presidentialdiscretionandministerialinflation AT ngestidwiprasetyo presidentialdiscretionandministerialinflation |