Professor of Constitutional Law at Brawijaya University, M. Ali Safa'at, inviting a long-distance discussion in an event with the theme "Reform of State Ministries from a Constitutional Perspective", Friday (11/15/2024). Photo by MKRI.

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JAKARTA (MKRI) - Through the Constitution Webinar, M. Ali Safa'at invited a number of students from Palangka Raya University (UPR), Central Kalimantan, as well as a number of students from other universities to join the MK mini court room or video conference (vicon) smartboard facility to discuss remotely in an event with the theme "Reform of State Ministries from a Constitutional Perspective", Friday, November 15, 2024. Starting this online discussion, the Professor of Constitutional Law at Brawijaya University discussed considerations for the formation of state ministries which were considered important. Because apart from being assistants to the president, ministers in the state administration are the parties who make programs for one ministry. The program created is also a form of translation of the president's vision and mission in accordance with the constitution.

As is known, continued Ali, Indonesia adheres to a presidential system, which means that each institution, from the president, DPR, to the judiciary institution supervises each other's work. As the holder of power, the president can form government administrators while still being guided by the constitutional framework. With their position below the president, ministers are automatically responsible only to the president. So the president can appoint and dismiss his ministers.

Observing the developments in the new government at this time, Ali saw that there was a debate about ministers being appointed from political parties. According to Ali, this choice could directly and indirectly disrupt and/or affect the presidential system adopted by Indonesia. Therefore, this needs to be watched more broadly in the Indonesian constitutional system. The election of political party members in government can no doubt direct government policy to lean towards parliamentarism. Because the policy considerations made are not only tailored to the president's agenda, but also to the agenda or interests of political parties.

"So this can have an impact on the check and balance function carried out by the DPR towards a ministry, how many DPR members from parties summon one of their ministers. "One side is members or high-ranking political parties, this can disrupt the nature of Indonesian presidentialism and tend towards parliamentarism which is not in the 1945 Constitution," explained Ali.

Furthermore, related to government affairs, the president actually has several ministries whose scope is stated in the 1945 Constitution, including religion, law, finance, security, human rights, education, culture, health, social, employment, industry, trade, mining, energy, public works, transmigration, transportation, information, communications, agriculture, plantations, forestry, animal husbandry, maritime affairs and fisheries.

Meanwhile, for certain government affairs, the President can also form ministries and appoint ministers to sharpen, coordinate and synchronize programs. For example, in matters of national development planning, state apparatus, state secretariat, state-owned enterprises, land, population, environment, science, technology, investment, koperasi, small and medium enterprises, tourism, women's empowerment, youth, sports, housing, and development of disadvantaged areas or territory.

"However, there must still be efficiency, scope, and integration in the implementation of the duties of each existing and new ministry (separation of ministries due to certain government affairs). When there is a division of ministries, this is actually a challenge in itself. But will the addition or division of these ministries produce work that is free from political and legal aspects in the implementation of government? "Because when forming a cabinet, in terms of value it does not refer to the State Ministry Law and the constitution because in its implementation this is not reflected," explained Ali.

Please note that apart from having judicial authority, the Constitutional Court also plays a role in increasing public understanding of constitutional rights and the ideology of Pancasila. Through various educational and outreach activities, the Constitutional Court seeks to deepen public knowledge about the rights protected by the 1945 Constitution and the importance of Pancasila as the basis of the state. One of them is through optimizing mini court room smartboard facilities in the form of video conferencing (vicon), both at universities and constitutional villages in the target areas spread across 66 locations.

Apart from supporting remote hearings, in 2024, Vicon facilities will be utilized more optimally as a means of increasing understanding of constitutional rights through online public lecture programs. On this public lecture agenda, the Constitutional Court invited speakers in the legal field from various best universities in Indonesia and national figures who understand the meaning of the constitution and Pancasila. Through various interesting topics according to developments and the needs for legal and constitutional knowledge in society, experts will share their knowledge and experience with lecture participants in this online discussion room. From this event, it is hoped that insight into the constitutional rights and Pancasila ideology of citizens, especially academics, will increasingly understand conceptually and practically the meaning of values of Pancasila ​​and the constitution. (*)

Author         : Sri Pujianti
Editor          : Lulu Anjarsari P.
Translator     : Donny Yuniarto (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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