The term deputy minister is not recognized in the 1945 Constitution. Appointment of deputy ministers conducted by the President of the United Indonesia Cabinet Volume II (KiB II), which relied on Article 10 of Act on No 39/2008 regarding the Ministry of State (Ministry of Law), is contrary to Article 17 of the 1945 Constitution. As stated by M. Arifsyah Matondang, when asked to become the power of the Petitioner in the hearing of the Constitutional Court on Thursday (1/12/2011).

Application for judicial review hearing on this matter the State Ministry of Law proposed by Adi Warman, Chairman of the National Movement for the Eradication of Corruption (GN-PK) and H. TB. Imamudin, Secretary General of the GN-PK. Petitioner asks the Court to declare Article 10 of the Ministry of State, which reads, "In the event of workloads that require special handling, the President may appoint deputy minister in particular the Ministry ‘contrary to Article 17 of the 1945 Constitution and has no binding legal force with all due legal .

Strengthen the argument of the petition, the Petitioner further power, Arifsyah said, Article 51 of Presidential Regulation (Presidential Decree) No. 47/2009 on the Establishment and Organization of the Ministry of State stated, "The organizational structure of the Ministry which has the functions referred to in Article 50 consist of: a. leaders, namely the Minister; b. servant leader, namely the ministry secretariat; c. implementers, ie deputy ministries, and d. supervisor, the ministry inspectorate.

Under these provisions, the deputy minister is not in the organizational structure of ministries. Appointment of deputy minister positions will increase the budget for ministerial offices. "Especially in the cabinet at this time there are 20 deputy ministers after reshuffle on Tuesday October 18, 2011," said Arif postulated.

Arif has also quoted the President of Indonesia Susilo Bambang Yudhoyono reshuffled KiB II when the announcement at the State Palace on 18 October 2011, namely "There is no fattening in the cabinet, but the President according to the Act may appoint deputy ministers. Deputy Minister, he is not a member of the cabinet, so no additional budget ". President’s opinion he is not recognized in Article 17 of the 1945 Constitution.

The consequences of the appointment of ministers demanded the provision of special facilities from the state with funds sourced from the national budget, among them: the home office, service vehicles, operating costs, salaries, benefits office, secretaries, aides, drivers, and some support staff. Based on his estimation, the use of state money to a deputy minister amounted to Rp. 1,2 billion per year.

Vice minister according to the Petitioner, may be indicated as the politicization of civil servants, with the modus operandi: to divide the post as deputy vice-minister of the environment and the President. This is can be evidenced by the issuance of the revised Presidential Decree No. 47/2009 on the establishment and organizational Ministry of State on October 13, 2011 to Presidential Decree No. 76/2011. The goal, pointing to the Petitioner, that "someone close" the President who does not meet the requirements can be appointed as deputy minister. (Rosihin Nur Ana/Yazid.tr)