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MENTERI RANGKAP JABATAN DALAM KABINET MERAH PUTIH: TINJAUAN UU NO. 61 TAHUN 2024 TENTANG KEMENTERIAN NEGARA
Ministers are state officials appointed and dismissed by the President. Their appointment is regulated under Law Number 61 of 2024 concerning State Ministries. Under the Prabowo-Gibran administration, ministers are part of the Merah Putih Cabinet. In this cabinet, several ministers hold dual positions, both in private and public institutions. The practice of dual positions among ministers during the Prabowo administration can lead to conflicts of interest, potentially resulting in suboptimal performance in carrying out their duties. This research aims to analyze the legal status of ministers holding dual positions in the Merah Putih Cabinet, as reviewed under Law Number 61 of 2024 on State Ministries and concept of Siyasah Dusturiyah in Islamic law. The research method used is normative juridical with a statute approach and conceptual approach. The data used in this study were obtained from primary and secondary legal materials. The results indicate that although Article 23 of Law No. 61 of 2024 explicitly prohibits ministers from holding concurrent positions, such practices still occur in the Merah Putih Cabinet, including figures like Agus Harimurti Yudhoyono, Erick Thohir, and Zulkifli Hasan. Legally, their positions are not valid as they violate the law, but factually, they are recognized by the state. From the perspective of Siyasah Dusturiyah, holding multiple positions contradicts Islamic leadership principles that emphasize focus on trust, justice, and public welfare. Therefore, this study recommends stricter law enforcement by the president as the holder of prerogative rights to dismiss ministers, as well as revising the law to explicitly prohibit vice ministers from holding concurrent positions. This would help maintain government integrity and accountability in line with good governance principles and Islamic political ethics.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103070113 Javania Aliefyah Fardani Purwantoro
MENTERI RANGKAP JABATAN DALAM KABINET MERAH PUTIH: TINJAUAN UU NO. 61 TAHUN 2024 TENTANG KEMENTERIAN NEGARA (Text)
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