A JURIDICAL-ETHICAL REVIEW OF MINISTERIAL APPOINTMENT BASED ON PRESIDENTIAL PREROGATIVE RIGHTS WITHIN THE FRAMEWORK OF MERITOCRACY AND PERFORMANCE ACCOUNTABILITY

Abstract

As stipulated in Article 17 of the 1945 Constitution of the Republic of Indonesia, the President holds absolute authority to appoint ministers. However, other legislation, including Article 22 of Law Number 39 of 2008 on State Ministries, regulates the competencies required of ministerial candidates. The purpose of this study is to examine the juridical-ethical limits of the presidential prerogative, to investigate the impact of appointing non-expert ministers on the performance accountability of ministries, and to determine the relationship between political interests and the principle of "The Right Man on the Right Place" in achieving good governance. This study employs a normative legal research methodology, incorporating statutory, conceptual, and comparative approaches. The findings indicate that: (1) Article 22 of the State Ministries Law constrains presidential authority through competency requirements, which limit professional discretion; (2) the appointment of ministers lacking relevant expertise correlates negatively with the performance of the Government Agency Performance Accountability System (SAKIP); and (3) there is a need for a clear and equitable meritocracy-based selection mechanism to harmonize professionalism and political interests.