Can a Minister Be Dismissed at Any Time? This Is the Legal Mechanism for a Cabinet Reshuffle

The replacement of the Minister of Finance has once again attracted attention following President Prabowo Subianto’s inauguration of Suahasil Nazara as Minister of Finance on 14 September 2026, replacing Purbaya Yudhi Sadewa. The inauguration was based on Presidential Decree Number 97/P of 2026 concerning the Dismissal and Appointment of the Minister of Finance of the Red and White Cabinet for the Remaining Term of Office for the 2024–2029 Period.

The replacement appeared sudden because, on the same day, Purbaya was still carrying out official duties as Minister of Finance. Several hours later, the position was transferred to Suahasil, who had previously served as Deputy Minister of Finance. This situation raises the question: Can the President replace a minister at any time, is there a specific procedure, and is DPR approval required?

When Can the President Replace a Minister?

The President’s authority to appoint and dismiss ministers derives directly from Article 17 of the 1945 Constitution, which provides that state ministers are appointed and dismissed by the President.

Further regulation is contained in Law Number 39 of 2008 concerning State Ministries, as amended by Law Number 61 of 2024. This Law distinguishes between a minister who ceases to hold office and one who is dismissed.

Under Article 23 of Law 39/2008, a minister ceases to hold office upon death or upon the expiration of his or her term of office. Meanwhile, Article 24 provides that the President may dismiss a minister on the grounds of resignation, inability to perform his or her duties for three consecutive months, being found guilty of a criminal offense punishable by imprisonment of five years or more, violation of the prohibition on holding concurrent positions, or for other reasons determined by the President.

The final phrase gives the President broad discretion. This means that the dismissal of a minister is not limited to circumstances involving violations of law or inability to perform his or her duties.

Does a Cabinet Reshuffle Require DPR Approval?

No, if only the officeholder is being changed.

The involvement of the DPR under the State Ministries Law primarily concerns changes to the structure of ministries, such as the separation or merger of ministries. In such circumstances, the President seeks the DPR’s consideration, while the dissolution of a ministry is also subject to a specific mechanism as provided by law.

The situation is different in the case of an individual ministerial replacement. The appointment and dismissal of ministers constitute the President’s authority. Accordingly, the replacement of Purbaya by Suahasil did not require DPR approval to change the officeholder serving as Minister of Finance. What changed was the person, not the ministry.

How Is a Cabinet Reshuffle Carried Out?

Although it may take place rapidly, the replacement of a minister remains subject to legal instruments and administrative stages.

1. The President Makes the Decision

The decision to replace a minister rests with the President. There is no provision requiring a vote or DPR approval for an individual ministerial replacement. Accordingly, as a matter of law, a minister may still be carrying out official duties on the same day on which the decision dismissing him or her is issued.

2. The Decision Is Set Out in a Presidential Decree

In the Purbaya–Suahasil case, the replacement was effected through Presidential Decree Number 97/P of 2026, which stipulated the dismissal of Purbaya and the appointment of Suahasil as Minister of Finance to serve the remainder of the 2024–2029 term of office.

This means that replacing the officeholder does not require the enactment of new regulations concerning the Ministry of Finance. The legal instrument changes the person holding the office.

3. The New Minister Is Inaugurated and Takes the Oath of Office

After the appointment decision is issued, the new minister is inaugurated by the President and takes the oath or pledge of office, accompanied by the signing of the minutes of the inauguration.

Accordingly, being “sudden” from the public’s perspective does not mean that there is no legal procedure. A decision may be made within a short period, but it must still be set out in an instrument of appointment and dismissal and followed by an inauguration.

4. Followed by the Handover of Office

After the inauguration, administrative and operational responsibilities are transferred to the new officeholder so that the ministry’s programs, budget, assets, and performance of its functions can continue.

Conclusion

The replacement of a minister may indeed take place rapidly. However, being “sudden” in the eyes of the public does not mean that it lacks a legal basis. The President has constitutional authority to appoint and dismiss ministers without having to seek DPR approval, provided that what is changed is the officeholder, not the structure of the ministry.

In practice, a cabinet reshuffle must still be effected through a Presidential Decree, followed by the inauguration and taking of the oath of office, as well as the handover of duties. Accordingly, when a minister is still working in the morning and is dismissed and replaced on the same day, this remains legally permissible, provided that the procedure complies with the applicable laws and regulations.