TINJAUAN YURIDIS RANGKAP JABATAN WAKIL MENTERI BADAN USAHA MILIK NEGARA MENURUT UNDANG-UNDANG NOMOR 39 TAHUN 2008 TENTANG KEMENTERIAN NEGARA

Abstract

Indonesia is a constitutional state which is not only based on power, but on
existing rules or laws. The government runs on the basis of the constitution and is
not absolutism (unlimited power) in accordance with the Provisions contained in
Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia which
states that Indonesia is a state of law.
The presidential system is a system of government that is centered on the
position of the president as head of government as well as head of state. In this
system, the executive branch, which is represented by the president, is not
responsible to the legislature, which, if exemplified in the Indonesian government
system, is represented by the DPR. The position of the executive body is stronger
in dealing with the legislature. A presidential system can be said to be a
representative government of the people, with a system of strict separation of
powers. The separation between the executive and legislative powers means that
this executive power is held by an agency or organ which, in carrying out its
duties, is not responsible for the people's representative body.
This concurrent position in the Ombudsman's assessment will cause
several losses. Starting from the existence of conflicts of interest, issues of
competence and capability of officials who are concurrently not in accordance
with the position of commissioner, and the emergence of double income. In the
view of the State Civil Apparatus Commission (KASN), the phenomenon of
multiple positions apart from causing a conflict of interest, is also the root of
fraud. Concurrent positions of SOE commissioners by public officials are
opportunities for corruption.
Multiple Positions is an action carried out by a person in two or more
positions in the same or different environments. Being in power means that when
a person has concurrent positions, it is undeniable that the holder of the position
will not be able to optimally carry out one of the positions held due to negligence.
So that the worst possibility is not carrying out the duties optimally in both
positions.
Keywords: Multiple Positions, Minister, Position, Constitutional Court.