Critical Thinking on the Limitation of Political Functions in Indonesia

Ministers or other officials who concurrently hold public and political functions have become a central issue in constitutional studies. Excessive power will make people have the potential to cause abuse of power. This research has a specific objective to analyze and examine the arrangements regarding the limitation of political functions. Methodologically, this research is normative legal research or library research using statutory and conceptual approaches. Data and information obtained through library materials, such as books, journals, and laws and regulations related to research issues. In this research, it is found that some commissioners and directors of state companies or private companies and even ministers or state ministries are involved in concurrent functions that have the potential for abuse of power, and are contrary to Law Number 25 of 2009 concerning Public Services, Law Number 19 of 2003 concerning BUMN, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and Law Number 2 of 2011 concerning Amendments to Law Number 2 of 2008 concerning Political Parties. This article is a critique of officials who are involved in concurrent functions as well as providing alternative strengthening in the limitation of functions.

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Publication Details

Journal
YUDISIA Jurnal Pemikiran Hukum dan Hukum Islam
Published
2024-12-31
DOI
https://doi.org/10.21043/yudisia.v15i2.24672
Primary Topic
Educational Curriculum and Learning Methods
Type
article
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article

Critical Thinking on the Limitation of Political Functions in Indonesia

Muhamad Khoerul Umam
YUDISIA Jurnal Pemikiran Hukum dan Hukum Islam
Educational Curriculum and Learning Methods
article

Critical Thinking on the Limitation of Political Functions in Indonesia

Muhamad Khoerul Umam
article en

Abstract

Ministers or other officials who concurrently hold public and political functions have become a central issue in constitutional studies. Excessive power will make people have the potential to cause abuse of power. This research has a specific objective to analyze and examine the arrangements regarding the limitation of political functions. Methodologically, this research is normative legal research or library research using statutory and conceptual approaches. Data and information obtained through library materials, such as books, journals, and laws and regulations related to research issues. In this research, it is found that some commissioners and directors of state companies or private companies and even ministers or state ministries are involved in concurrent functions that have the potential for abuse of power, and are contrary to Law Number 25 of 2009 concerning Public Services, Law Number 19 of 2003 concerning BUMN, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and Law Number 2 of 2011 concerning Amendments to Law Number 2 of 2008 concerning Political Parties. This article is a critique of officials who are involved in concurrent functions as well as providing alternative strengthening in the limitation of functions.

YUDISIA Jurnal Pemikiran Hukum dan Hukum IslamVol. 15(2)
Yogyakarta State University (ID)
Reduced inequalities
Openalex Percentile: Top 62%
Educational Curriculum and Learning Methods
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