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The trial review of Article 10 of Act No. 39 of 2008 concerning the Ministry of entering the sixth with one of the agenda is to listen to witnesses and experts called the Constitutional Court (MK), Tuesday (7/2). The trial is registered with a number of cases this 79/PUU-IX/2011 heard the testimony of other witnesses and expert Anggito Abimanyu and Sofian Effendi.

Anggito Abimanyu who had "offered" to Deputy Finance Minister Sri Mulyani expressed in the era of his testimony before the Plenary Session chaired by Chief Judge of the Constitutional Court, Moh. Mahfud MD. Anggito convey chronological "bid" for serving as deputy minister at the time. "The last week of December 2009, then Finance Minister, Sri Mulyani, inviting all Echelon one in the Ministry of Finance to convey that the Ministry of Finance was asked to propose candidates for the Deputy Minister," said Anggito said that ultimately he was the one chosen to be Deputy Minister of Finance.

Furthermore, Anggito said that on January 2, 2010 he met the then Cabinet Secretary, Sudi Silalahi on the plane from Yogyakarta to Jakarta. At that Sudi, as presented Anggito, said that Anggito getting ready for president would be invited in order nominating the Deputy Minister. In short, Anggito finally signed a pact of integrity and be prepared to sworn in two days.

But the day before the inauguration, Anggito called by Sudi said that Anggito not be sworn in as yet qualified. "The day before the inauguration, I Calling by Sudi that I am not yet qualified, the class should 1A according to Presidential Decree No. 47 in 2009. I was indeed still in the process of 1B and 1A for all, "said Anggito. 

It is then immediately processed Anggito his echelon 1A. After a month, eventually becoming echelon Anggito 1A but not yet sworn in as well. Anggito said that he continues to wait for the inauguration of promise, but when the new finance minister, was the new Deputy Finance Minister was also inducted. "The inauguration is at once a new Wamen, without any notice to me. Though I’ve meet echelon 1A. So I resign. I have resigned, because I have self-esteem and hopefully a lesson which means," said Anggito.

Sofian Effendi, who was also invited by the Court as an expert stated when the Act created the State Ministry of the constituent, including Sofian, had estimated that the post-reform government will be different from the previous administration. The current government is more democratic, it needs different personnel systems. Political interference in personnel matters; branch led two positions, ie positions and public office career.

Sofian then explained that the office intended for career civil servants who occupy positions of structural, functional, and administrative. The state office is further divided into two branches, namely based on the selection and appointment by the president. "Therefore the conditions are different. Career positions open to civil servants who meet the requirements. While public office is a position that is open to all citizens who partly elected by the people and the rest appointed by the president, "said Sofian.

Sofian also briefly describes the history of the appointment of deputy ministers. Since the early days of independence it is already known to the vice minister. Since then it has always served as undersecretary of state officials. That’s why, when there is no requirement that the appointment of deputy minister rank.

"After the Act 39 of 2008 existed, it raised complications. Why the Act 39 of 2008 specifies that the position Wamen as career positions are open only to the upper echelons of civil servants. Consequently, if he posts a career he had to meet the appropriate requirements of the existing bureaucratic hierarchy of government including the matter of condition A1 echelon it, "said Sofian.

However, continued Sofian, in fact there is a way out to remove the deputy ministers who are not career positions. This is possible because in fact the president has the authority to define people who are considered most suitable for the post of deputy minister in a particular ministry.

"The president may have the authority to appoint non-civil servant serving in a way given the local rank or higher or the same of the officials below vice minister. And it’s been done in the reign of President Suharto and Habibie. I was at that time raised his head BKN Setianto a non-civil servant civil service rank of 4D because Mr. Setianto appointed Sesjen Infocom Department at the time, "said Sofian who continued assertion that the president has the authority to authority, and until now it has not been revoked. (Yusti Nurul Agustin / mh/Yazid.tr)

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