Independent Report – Prasetyo Hadi, the Minister of State Secretary, has been appointed as one of President’s spokespersons. This decision has sparked the need for a legal framework to strengthen the legal basis for such an appointment. According to constitutional law expert from Andalas University (Unand), Feri Amsari. The importance of a legal foundation for the appointment of a spokesperson is crucial.
Feri stated that there are administrative law issues to consider in such appointments. While it is the president’s prerogative to make such decisions. He emphasized that this appointment should be formalized through a decree. “Although the president has the authority, the appointment should be backed by a formal regulation for a certain period. So that the legal framework of the government is always in line with regulations.” Feri explained during a phone interview on Tuesday, April 22, 2025.
Feri further elaborated that Law No. 39 of 2008 on State Ministries outlines the president’s prerogative to form the cabinet. However, he stressed the importance of maintaining order in administrative processes. “Just issue a presidential decree. It’s quick, and it doesn’t need to be lengthy. The appointment should be official and not haphazard. So that it is clear to everyone why a particular minister or ministry has been appointed as spokesperson,” said Feri.
The constitutional expert noted that the identity of the person appointed as a spokesperson was not an issue. What matters, he argued, is that there is a clear legal foundation in place for the appointment. This ensures that the government’s administrative processes are conducted according to the laws and regulations in force.
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Feri also highlighted that the cabinet formation is within the president’s authority. The president has the prerogative to determine his cabinet. But the composition and duties of the cabinet should adhere to relevant laws and regulations. “However, it is also important to consider the legal provisions on the composition and tasks of the cabinet. As outlined by the laws and presidential regulations,” he added.
For this reason, Feri stressed that the president must ensure that the cabinet formation and its duties align with existing regulations to avoid any conflicts. This is essential for the proper governance of the country. He referred to Article 4 of the 1945 Constitution, which states that the president holds the power of government according to the Constitution. “The president can delegate specific tasks to ministers and their assistants as per the law on state ministries and presidential regulations regarding the composition and tasks of the cabinet,” Feri explained.
In response to the appointment, Prasetyo Hadi, the Minister of State Secretary, defended the decision. He confirmed that there was no need for a formal inauguration for the new role, as all cabinet members are expected to act as the president’s spokesperson. “There is no need for a formal appointment. We are all expected to act as spokespersons, especially in my position as Minister of State Secretary, where I am also requested to actively take on this role,” Prasetyo stated in an interview on Thursday, April 17, 2025, in Jakarta.
The appointment of Prasetyo Hadi as presidential spokesperson has raised questions, especially considering the existence of the Presidential Communication Office, which is already tasked with communicating government policies. However, Prasetyo’s argument that all ministers are essentially spokespersons for the president suggests a more flexible approach to communication within the government. This reflects the president’s desire to have a unified voice in conveying policies and decisions to the public.
The debate over the legal framework for such an appointment and the need for a clear administrative process highlights the ongoing efforts to ensure that government operations are transparent, accountable, and in accordance with the Constitution and relevant laws. As the situation continues to unfold, it remains to be seen how the government will address these legal concerns and establish a more structured approach to communication.
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