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Yusril Finds Fault on Presidential Regulation

The deputy minister’s task in the Presidential Regulation No.60/2012 is not specific.

Senin, 11 Juni 2012, 10:22 Ismoko Widjaya
Yusril Ihza Mahendra
Yusril Ihza Mahendra (VIVAnews/Fernando Randy)

 

VIVAnews – An expert on state administration who is also a former State Secretary, Yusril Ihza Mahendra, found fault on the Presidential Regulation on deputy minister which has recently issued.  

The Presidential Regulation No.60/2012 on Deputy Minister specified that a deputy minister is under, and aswers to, a minister, while having the task to assist the minister in implementing a ministry’s projects. Yusril's criticism was aimed at the issue.  

“The position of a deputy minister which is under, and answers to, a minister as mentioned in the Presidential Regulation No.60/2012 is not consistent with Article 9 of Law No.39/2012 which regulates the ministry’s organizational structure,” said Yusril in a statement, on Monday. 

According to Yusril, the article states that the ministry’s organizational structure consists of leaders, namely: the minister, the secretariat general as the assistant chairman, the director general as the executive director, and so on. The existence of a deputy minister is not included in the ministry’s organizational structure. 

However, deputy minister's office is mentioned in Article 10 saying “in the case of a workload that requires special treatment, the President may appoint a deputy minister in a particular ministry”. Therefore, where is the deputy minister’s position in the ministry’s organizational structure?” asked Yusril. 

For Yusril, the confusion caused by the unclear setting of the law is regulated in the Presidential Regulation No.60/2012. The deputy minister is placed structurally “(under) and is responsible to the Minister”.  The deputy minister task is to “assist the Minister to steer the implementation of the ministry’s duties”.

The deputy minister’s task in the Presidential Regulation No.60/2012 is not specific. Meanwhile, Article 10 states that a deputy minister only functions to execute a workload which requires special treatment in a particular ministry. 

From this point of view, said Yusril, it is clear that the Presidential Regulation No.60/2012 is contrary to the provisions of Article 10 of the State Ministry.

If the said regulation is proposed formally and materially to the Supreme Court, there would be enough reason for the Supreme Court to revoke this Presidential Regulation. 

“President SBY and his legal drafters seemed to have failed to understand the meaning of Article 10 of the State Ministry, in relation with the ministry’s principal duties and its organizational structure as regulated in Article 8 and 9 of the law,” said Yusril.

 


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