PEMBENTUKAN KABINET BERDASARKAN KOALISI PARTAI POLITIK DALAM SISTEM PRESIDENSIALISME

Abstract

The presidential system is a system of government characterized by the direct election of the president, which seeks to ensure a balance between executive and legislative powers. In this system, political parties play a strategic role in nominating presidential candidates who will compete in the election. However, this role is constrained by the requirement to meet the electoral threshold, commonly referred to as the presidential threshold. To fulfill this threshold requirement, political parties often form coalitions with other parties. Within such coalitions, political agreements are made, one of which commonly concerns the allocation of ministerial positions in the cabinet. Based on his prerogative rights, the president subsequently forms the cabinet in accordance with these coalition agreements. This practice represents a form of political party intervention in government affairs and is inconsistent with the spirit of a pure presidential system. On the other hand, it is evident that each year a significant number of ministers are implicated in corruption, collusion, and nepotism (KKN) cases, with the number continuing to increase. Along with the development of the rule of law concept, the exercise of presidential prerogative powers in several countries has undergone a shift. Although the amendments to the 1945 Constitution of the Republic of Indonesia were intended to establish a pure presidential system, what has emerged in practice resembles a quasi-presidential system. In a presidential system, the president’s prerogative in appointing ministers, when based on political agreements within nomination coalitions, may be interpreted as political party interference in governance, which is inconsistent with presidential principles. In accordance with the rule of law, prerogative rights should be exercised based on fundamental principles and regulatory frameworks governing cabinet formation and ministerial appointments.