Volume 4 Issue 1, March 2023: PP: 71-84
Faculty of Law, Universitas Lampung, Bandar Lampung, Indonesia.
http://jurnal.fh.unila.ac.id/index.php/constitutionale P-ISSN: 2723-2492 E-ISSN: 2745-9322
Reflection of Political Law in the Development of State Constitution in Indonesia
Maghfira Nur Khaliza Fauzi1
1Pengadilan Tata Usaha Negara Bandar Lampung, Indonesia E-mail: maghfira0601@gmail.com
Article’s Information Abstract
keywords:
Constitution, Political Law, Systematization.
DOI :
https://doi.org/10.25041/constitutio nale.v4i1.2949
The existence of goals in the state is in accordance with Emmanuel Kant's opinion that the existence of guarantees relating to the formation and defense is to improve the position of the law. There is a strong impetus that needs to be realized optimally when there is a change in the legal politics of state power, mainly so that there is no deviation from the direction of the law that will make it difficult to achieve the essence of the state. So how is the history related to the dynamics of legal politics in Indonesian state administration, political intervention in the development of Indonesian state administration, and finally how is the comparison of legal politics in national law and Islamic law. The problem approach used in this research is a normative approach. The normative approach is an approach that is carried out by collecting and studying applicable legal regulations that are closely related to research problems which include laws and regulations, official documents, and other sources. The results show that the reflection of the development or dynamics of legal politics in its influence on state administration includes the formation of laws and related authorities between each state institution, which is the basis for the direction of current state development. In this case, it is also seen that the role of legal politics can influence or intervene in the world of state administration, which is so dominating in various state administration structures. In this case, it is also necessary to see the role of legal politics in Islamic law, which is considered to play an important role historically in basic arrangements and is one of the factors in forming the pillars of state administration in Indonesia.
Submitted: Mar 07, 2023; Reviewed: Mar 20, 2023; Accepted: Mar 24, 2023
A. Introduction
Looking at the point of view of constitutionalism is a group related to power groups with procedures that are interpreted in various tools in the basic systematization of the state holistically. This illustrates a correlation in classifying tasks that must be carried out by each state apparatus to achieve the specified goals. Woodrow Wilson provides the view that the existence of various regulations related to individuals is regulated by looking at the factor of limitations based on the country's territory.1
Whereas when viewed from the perspective of the fundamental nature of the state becomes a place formed by the existence of a state in a nation which includes the existence of boundaries on the territory to reach the ideals or philosophy of the nation, which can be discussed regarding its relationship with the fundamental nature of the state. Thus, the views of Aristotle formation and defense need to be attached to the state with the goal of good life for the whole community in that country.
The existence of a goal in the state in accordance with Emmanuel Kant's opinion that there is a guarantee regarding the formation and defense of internal and external factors is to review and improve the legal position of the existence of a whole citizen consisting of individuals with the definition of actions that are prohibited because of actions beyond reasonable limits or authority by the government. Based on the 1945 Constitution, in the aspect of citizenship in Pancasila, it is stated that the Indonesian state needs to provide fair rights through equal law everywhere.2
In this statement, a stipulation arises regarding the authority of various state institutions with the public participating in accordance with the applicable to everyone without any reason. So that indications to achieve the direction of the state must be carried out or the distribution of power with the same high position is carried out with the provision that there is no intervention or influence from personal interest factors. Indonesia needs to see that there is firmness in the establishment of a state with a mutually agreed goal of a unitary republic in its constitutionality as contained in the Preamble to the 1945 Constitution of the Republic of Indonesia, which became the forerunner of the Staatfundamentannorm. Based on the law or rechtstaat that there are various countries based on power or machstaat that the ideals and goals of the country are set forth through the formation of law as a link or means which will later function in achieving what has been formulated by various parties. The implementation of law in Indonesia in its progress sees written and non-written laws such as customary law and customary law rules. Meanwhile, the form of statutory and regular regulations becomes an element of written law.3
In this case, looking at an executive and legislative body, namely the President and the Representative Council (DPR) that the laws and regulations included in the 1945 Constitution have a relationship with the formation of laws (legislation). Representatives of the government, namely the president himself, are moving related to the flow of government, namely the executive and related to the existence of a fundamental interest carried out through legislation, namely the People's Representative Council (DPR).4
1 Mohammad Mahrus Ali, “Konstitusionalitas Dan Legalitas Norma Dalam Pengujian Undang-Undang Terhadap Undang- Undang Dasar 1945,” Jurnal Konstitusi 12, no. 1 (2016).
2 Daffa Ladro Kusworo et al., “Establishment of a National Regulatory Body to Overcome Disharmonization of Natural Resources and Environmental Policies,” International Journal of Multicultural and Multireligious Understanding 9, no. 11 (2022).
3 Otong Rosadi, “Ide Bernegara Dalam Konstitusi Indonesia: Rekonstruksi Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Pascaamandemen,” Pagaruyuang Law Journal 1, no. 2 (2018).
4 Ahmad Yani, “Sistem Pemerintahan Indonesia: Pendekatan Teori Dan Praktek Konstitusi Undang-Undang Dasar 1945,”
Jurnal Ilmiah Kebijakan Hukum 12, no. 2 (2018).
Reviewing specific points that will later become political interests should be able to be concretized in the provisions of the legislation. If later the euphoria of the influence of politicization dominates, then there will be a loss of identity direction related to the formulation of laws in optimizing justice, legal guarantees, and benefits for the people.
If in the future, there will be consistent sustainability and there will be a repetition of the same incident, then there will be a failure by the state in realizing the hopes that the people want. In this case, we need to look at the dynamics of time that continues to rotate, that is, at the forefront of differences in each changing era, in the form of legislation, which over time, there will be more differences in the future. This becomes dependent on the political currents of the rulers and the authority formed by the determination of decisions formed in statutory provisions.5
The existence of a strong push needs to be realized optimally when later there is a change in the systematization of state power, mainly so that there are no deviations in the direction of law which will make it difficult to achieve the essence of the state. So that in this case, it becomes an exciting research focus according to readers, namely related to How History is related to the Dynamics of Legal Politics in the Indonesian Constitution, How Political Intervention on the Development of State Constitutionality, and finally how to Comparison of Legal Politics in national law and Islamic law.6
The problem approach used in this research is normative and conceptual. The normative approach is an approach that is taken by collecting and studying applicable legal regulations that are closely related to research problems which include laws and regulations, official documents, and other sources. The scope of this research is to reflect on the changes in the constitution in Indonesia influenced by several factors, including that the preparation of the draft Constitution carried out by the Investigation Board for Preparatory Efforts for Independence (BPUPKI) was very hasty, so it was not so perfect. Pressure from the Netherlands was also a factor in the change of the constitution until a shift in legal politics in Indonesia, which demanded amendments to the 1945 Constitution and affected changing the constitutional system of the Republic of Indonesia.
The novelty of this research is that in this case, the focus and purpose of our research are how to reflect the development or dynamics of legal politics in its influence on state administration, which includes the formation of laws and related authorities between each state institution which is the basis of the direction of current state development. This research refers to previous research entitled "Islamic Law in the Indonesian State Constitution" in 2023, what distinguishes this research is that it deepens the role of legal politics in influencing or intervening in the world of state administration, which is so dominating in various state administration structures. In this case, it is also necessary to see the role of legal politics in Islamic law, which is considered to play an important role historically in basic arrangements and is one of the factors in forming the pillars of state administration in Indonesia.
B. Discussion
1. Reflection of Legal Politics in the Indonesian Constitution
The continuity of the Montesquieu theory is evidenced in the separation of powers divided over judicial power, with its institutional specificities. There is a constitutional modification to the executive branch, namely that the president can provide recommendations
5 Darmini Roza, “Prospek Amandemen Undang-Undang Dasar Negara Ri Tahun 1945 Terkait Masa Jabatan Presiden Perspektif Pada Pemilu 2024,” UNES Law Review 4, no. 2 (2021).
6 Armen Yasir, Hukum Perundang-Undangan (Bandar Lampung: Universitas Lampung, 2013), hlm 23.
or input on draft laws to the House of Representatives, which is contrary to Montesquieu's thinking. The addition of an examination institution, namely the Supreme Audit Agency (BPK), is also a transformation of the trias political concept implemented in Indonesia.7
In the aspect of separation of powers, there are government institutions or state institutions that have different characteristics, namely there are two divisions, namely vertically will be reviewed based on their level, related to the distribution of powers, which will later be classified according to their position as in the realm of territorial scope related to the central government and regional governments in a unitary state. Then look horizontally that power can be divided functionally by focusing on government functions which will later be related to legislative, executive, and judicial institutions. In the teachings of Trias Politica, we will see that in terms of the principal values of the Trias Politica teachings, it is necessary to examine the context of government in the types of legislative, executive, and also judicial powers as follows, namely:
a. Legislative power
Legislative power drafts and formulates laws with authority to make laws positioned at a special agency. If it turns out that drafting laws is given to institutions of a general nature, then there will potentially be regulatory policy formulations made for personal or group interests in accordance with what is being held.8 The state needs to consider this aspect with its identity as a democratic country where the laws and regulations will look at the factors of people's sovereignty so that the existence of an agency or institution that will represent the people must be considered and formally formed as the highest authority in drafting laws or in words. This is an important subject related to the hierarchy of state administration because it is like a pillar that is the foundation of state life.9
From a political point of view, the law is seen as a product or outcome of the political process or as a result of deliberations and formulation of public order and decency. However, besides law as a product of political considerations, there are legal policies that serve as political lines or foundations for determining the laws that apply in the country. In a democracy, the input that sustains deliberation to find the law goes well is the effort of people guided by representatives. Representatives are prepared to appear as outputs on forms.
From legal regulations. As you know, it is a product of Indonesian law and politics. The National Assembly has legislative power, and the bill is discussed by the House of Representatives and the President for mutual approval. Likewise, the president has the right to submit bills to the DPR. Until the bill is passed, it is a mutual agreement between the president (administrative) and the House of Representatives (parliament). This is the legal policy that operates today under the constitution
The existence of a tool that later the community will be guided by the life of society and the state with the formation of legislation becomes the body in forming legislation. The legislature legally should have an obligation to make laws without being able to implement them. In the course of the law, it is necessary to give it again or pass it on to bodies that will later have the same position. In terms of implementation, it is given to the executive branch.10
7 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945.
8 Heriyono Tardjono, “Reorientasi Politik Hukum Pembentukan Undang-Undang Di Indonesia,” Jurnal Renaissance 1, no. 2 (2016).
9 Machmud Aziz, “Pengujian Peraturan Perundang-Undangan Dalam Sistem Peraturan Perundang-Undangan Indonesia,”
Jurnal Konstitusi 7, no. 5 (2016).
10 Mia Kusuma Fitriana, “Peranan Politik Hukum Dalam Pembentukan Peraturan Perundang-Undangan Di Indonesia Sebagai Sarana Mewujudkan Tujuan Negara (Laws And Regulations In Indonesia As The Means Of Realizing The Country’S Goal),”
Jurnal Legislasi Indonesia 12, no. 2 (2018).
b. Executive power
In the exercise of executive power, the exercise of his power is to apply laws and regulations. The power will later become the executor of the laws mandated by the head of state, namely the president. But it is impossible if the implementation of laws and regulations is only carried out by the president or runs alone, which will later implement all laws. So that later the head of state in his authority will provide through attribution, delegation or giving mandates to government or state officials who will simultaneously become the implementing body of laws, namely the executive body with the obligation to implement policy outputs from the legislature.11
c. Judicative powers
Judicative power is a power that later should provide defense against the law by means of its authority which is given through the flow and court process to its people. So, in general that the judicial body will later have the power to make decisions on cases, giving punishment to violators of laws that have been made and carried out by the executive body. Even though it is systematic that the appointment of judges will later go through the authority of the president, in the future there will be specific specificities with their rights. Judges in this case cannot be instructed by the head of state which gives power. Even later can give punishment or sanctions against the head of state. So that if a violation is found, it will be processed through court procedures indiscriminately.12
We can see that the system of government of the Republic of Indonesia will review the 1945 Constitution, which later after the amendment, institutions with their classification of authority. So based on the division of teachings according to the trias politica that the division of powers as described above needs to be interpreted in the law, which will later determine and ensure whether the institutions mentioned above have the authority in accordance with the teachings of the trias politica.
a. Regarding legislative power, the making of laws which will later review the 1945 Constitution after amendments are classified by type in the People's Consultative Assembly or MPR and the People's Representative Council (DPR), namely the People's Representative Council (DPR) and exist in the regional realm, namely Regional Representative Council on the legal basis described on the previous page
b. In the executive power or executive power that is related to implementing the law later according to what is contained in the 1945 Constitution after the amendment is the president and in accordance with the legal basis which will later become the reference for the central government
c. In the judiciary power institution that is related to various powers that there is an obligation to carry out supervision through court procedures by giving to the people related to the judicial body. So that based on their authority, later the case will be processed through the imposition of penalties and sanctions by the judiciary in Indonesia which will include the legal basis is Article 24 Paragraph (2) of the 1945 Constitution from another point of view before the amendment was the Supreme Court and the Constitutional Court.
d. With regard to powers that are impartial, that related to their authority, in examining state finances, it is necessary to look at the examiner powers reviewed in Article 23 of the 1945
11 Retno Saraswati, “Problematika Hukum Undang-Undang No. 12 Tahun 2011 Tentang Pembentukan Peraturan Perundang- Undangan,” Jurnal Yustisia 2, no. 3 (2013)..
12 Hasanuddin Hasim, “Hierarki Peraturan Perundang-Undangan Negara Republik Indonesia Sebagai Suatu Sistem,” Madani Legal Review 1, no. 2 (2017).
Constitution which was enacted after the amendment, namely BPK. In this case, the power will provide convenience in the current understanding.
Thus, through politics, state regulation creates a draft and planning for developing national law in Indonesia. The achievement of regulation development will encourage the achievement of regulatory objectives which in turn will lead to the creation of state objectives. The purpose of law to build justice, benefit, order, and legal certainty cannot easily be fulfilled if every existing law contains state goals. The achievement of the goals of the rules will point or lead to the achievement of the state's goals. As a vehicle for achieving state goals, the goals of regulation must be achieved first so that the state's goals will be adequately realized. Therefore, in this essay, the author will discuss the political role of regulation in forming laws and regulations in Indonesia to realize state goals.13
The constitution of any country in the world is inseparable from the history of the country's formation. Its existence represents certain feelings, becomes a charter for human struggles & becomes a document for the rules of a country. The constitution is not a regulation or regulation but rather "rules containing moral messages. As a result, reading it becomes “moral reading”. The constitution does not just appear, but its presence becomes a self-actualization of a nation's struggles with cultural values, principles, philosophy, and goals of its development. The Constitution of the State of Indonesia, for example, serves as the basis for its legal political direction14
Based on the above formulation, there is a question, what is rule politics? According to Mahfud MD, regulatory politics is a legitimate policy or official and valid policy line regarding rules that will be enforced by making new rules or replacing obsolete rules to achieve state goals. The formulation of the political rules of Mahfud MD in the above has similarities in substance to the formulation of the political budget put forward by Padmo Wahjono, who said that political politics is the basic policy that determines the direction, as well as the form of the contents of the budget to be formed. Based on the understanding as described above, it is understandable that the constitution & political politics of Indonesia can be understood in terms of several important historical events related to the formation of the constitution (UUD 1945) & its legal policies & constitutional amendments which often understood along & in rhythm with developments & changes era, because of that this pen, budget politics in the Indonesian context is divided into two parts, namely policy politics before the amendments to the 1945 Constitution & after the amendments to the 1945 Constitution. These two significant events have impacted the production of the Indonesian state budget.15
The constitution in Indonesia has always changed. The first to apply was the 1945 Constitution, followed by the RIS Constitution in 1949, the second constitution that resulted in the form of the Unitary State changing to a State of the Union. The 1950 UUDS was the third constitution. Although it returned to the Unitary State of the Republic of Indonesia, the system of government was Parliamentary until the issuance of the Presidential Decree on July 5, 1959 to return to the 1945 Constitution in force until the reform that led to the amendment of the 1945 Constitution four times and is valid until now. The process is seen from the period from August 18, 1945 to December 27, 1949, the period of enactment of the 1945 Constitution, the period from December 27, 1949 to August 17, 1950, the period of enactment
13 Abdul Rasyid Thalib and M SH, Wewenang Mahkamah Konstitusi & Implikasinya Dalam Sistem Ketatanegaraan RI (Jakarta: Citra Aditya Bakti, 2006), hlm 55.
14 Jimly Asshiddiqie, “Gagasan Kedaulatan Rakyat Dalam Konstitusi Dan Pelaksanaannya Di Indonesia: Pergeseran Keseimbangan Antara Individualisme Dan Kolektivisme Dalam Kebijakan Demokrasi Politik Dan Demokrasi Ekonomi Selama Tiga Masa Demokrasi, 1945-1980-An,” 1993, hlm 49.
15 Jimly Asshiddiqie, Konstitusi Ekonomi (Jakarta: Penerbit Buku Kompas, 2010), hlm 298.
of the Constitution of the Republic of Indonesia United (RIS), the period from August 17, 1950 to July 5, 1959, the period of enactment of the Temporary Constitution of 1950 (UUDS 1950), The period from July 5, 1959 to October 19, 1999, the period of the 1945 Constitution, The period from October 19, 1999 to August 10, 2002, the period of the implementation of amendments to the 1945 Constitution, The period from August 10, 2002 to the present, the period of the 1945 Constitution, after being amended.
2. Political Intervention in the Development of State Constitutionality
Indonesian law enforcement agencies are still not considered without political intervention. Intervention is not only involved in forming a legal product, but also in implementing its implementation in the judiciary. According to Ikrar Nusa Bakti from the Indonesian Institute of Sciences (LIPI) and Todung Mulya Lubis, Chair of the Board of Directors of Transparency International Indonesia, this was revealed in discussions about political intervention in law and upholding human rights in offices from the judiciary.
However, the existence of political intervention cannot be separated.16
This is contrary to the sense of justice in society. As Todung said, judicial independence is just a myth that never existed. Todung gave an example of the selection of judges at the Supreme Court. The prospective judges selected by the Judicial Commission are finally submitted to the DPR.17 “Political transactions take place here. The people who were sent to the Supreme Court were the result of a political compromise. There are professional judges, but they are also not free from political transactions. According to Todung, the independence of the judiciary will ultimately lead to the judiciary. According to him, these institutions need to be rearranged. Apart from the judiciary, the DPR must also be relocated. The resulting legitimate products have more to do with political interests and compromises than humans.
This can be seen from the many legal products produced by the DPR, which the Constitutional Court examines.
Meanwhile, according to Wahyudi Jafar, the legislative process is inseparable from political transactions. But the most important thing is how implementing law enforcement can be independent. There is discrimination in law enforcement. It must be admitted that the legal process in corruption cases, especially those related to corruption in the Regional House of Representatives (DPRD) and regional leaders, is tinged with nuances of discrimination. But this discrimination must be seen in the context of social justice. That is when corruptors are explicitly treated compared to other crimes. It is a discriminatory policy not to execute DPRD members convicted and terminated. Also discriminatory against all perpetrators of regional budget corruption. On the other hand, such a political position is just an attempt to protect local politicians from the scope of the law by hiding behind a law enforcement oversight body owned by members of the DPR RI. 18
If discriminatory practices occur, the DPR RI must consistently urge law enforcement officials to prosecute all the actors involved. Instead, not only call for discrimination but also make discriminatory recommendations. According to Soerjono Soekanto, five factors affect the impact of law enforcement mechanisms. The first is the legal factor (body) or the law.
Second, law enforcement factors. From the parties involved in drafting and implementing laws and regulations related to mentality issues. Third, the factor of the institution or agency
16 Maruarar Siahaan, “Uji Konstitusionalitas Peraturan Perundang-Undangan Negara Kita: Masalah Dan Tantangan,” Jurnal Konstitusi 7, no. 4 (2016).
17 Azmi Siradjuddin and F Cici, “Proses Perubahan Mendasar Konstitusi Indonesia Pra Dan Pasca Amandemen,” Siyasah Jurnal Hukum Tatanegara 1, no. 1 (2021).
18 Fathorrahman Fathorrahman, “Pengaturan Dan Implikasi Pengujian Formil Undang-Undang Di Mahkamah Konstitusi,”
HUKMY: Jurnal Hukum 1, no. 2 (2021).
that supports the law enforcement process. Fourth, community factors, the social environment where the law applies or applies, is reflected in people's behavior. Fifth, work based on cultural factors: human initiative, creativity, and tastes in social life. Satjipto Rahardjo, on the other hand, distinguishes the various influential elements of the law enforcement process by their proximity to the process, or a little further. Besides, there is something nearby. Based on the approximation criteria, Satjipto Rahardjo distinguished three critical elements in law enforcement. First, the legislative element. Legislature. Second, elements of law enforcement,
Police, prosecutors, and judges. And third, environmental factors that embrace the individuality and society of citizens. The two views above seem to match. The five elements mentioned by Soerjono Soekanto can be reduced to the three elements mentioned by Satjipto Rahardjo.
On the other hand, the three elements put forward by Satjipto Rahardjo can be further divided into five elements, as explained by Soerjono Soekanto. Rights are usually said to be a political product, especially in the form of law. Laws are formed by compromises between various social forces, which are then upheld and enforced as a means of achieving interests and objectives and protecting existing interests. Ideally, the protected interests include the interests of individuals, society, and the state and the state. Moh. Mahfud MD stated in his book Political Politics that products of legitimacy always appear, reflecting the political structure behind them. In other words, the sentences in the law are just crystals of competing desires. Satjipto Rahardjo said that law is always in a weak position because politics is more wasteful of energy in the relationship between legal and policy subsystems.19
Especially since the implementation of public demands for reform in all fields, the collapse of the New Order under the authoritarian leadership of Suharto has led to an era of reform in all fields through several laws. The law expresses such a large and wide confession.
In this regard, public opinion has proved to be a dangerous decision-maker regarding life and death. The public philosopher Walter says that legal decisions can be made if a sense of justice and order is required. Reminiscent of Lipman's statements disturbed by injustice or violations of public order and morals, the opinion effect would snowball. An important legislative note made by Walter Lippmann is If public opinion dominates the government.
There is a fatal deviation that causes almost crippling weakness and is unable to govern.20 Therefore, the legislature influences public opinion. We must reiterate the importance of paying attention to the voices of 2 people with no political access and influence. This protects the interests of the majority of the people and the roles of 2 elected representatives through existing democratic mechanisms. Structural and political infrastructure to fully understand society's norms, rules, interests, and needs and realize their values. This is a practical method.
In the Indonesian political order, the political composition of law or democracy is expected to produce attractive and legal products. Political and Legal Positions: We analyze the determinants of political rights in the sense that political activity obeys the rule of law, interacts, and even competes with competing political wills. However, the order can be established in an ideal system where the two positions are equally determined. Laws result from political decisions, but we must comply with all political activities once they come into force. Legislative and political authority is the most comprehensive national documents, namely national legislative documents, national judicial documents, and national legislative documents, and is responsible for legislation. National documents that are not generally accepted. It is based on the (old) 1945 Constitution and includes a causal relationship between law and politics, steps towards politics or whether politics influences politics. There are three
19 Jumadi Jumadi, “Memahami Konsep Konstitusionalisme Indonesia,” Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah Dan Hukum 3, no. 2 (2016).
20 Jimly Asshiddiqie, Konstitusi Dan Konstitusionalisme Indonesia, Cetakan Ke (Jakarta: Sinar Grafika, 2004), hlm 62.
types of answers explaining this. Law is the determinant of the Second politics. Politics is the determinant of the Third law and politics. The difference in the answers to the important questions, especially the first and second choices, lies in the different views of experts on the two social subsystems based on all levels of relationships between community members.
Existence advocates or empirical understanding to understand that politics heavily influence legitimate products in their manufacture, manufacture, and empirical facts. Legislative activities (legislation) make more political decisions than the actual implementation of legal affairs, especially when legal matters relate to procedural issues. Clearly, the legislature (which regulates legislative products) is closer to politics than the law itself. Hikuma Hunt Juwana said that bridging the legal-political gap requires: Law enforcement problems faced by Indonesia must be recognized and accepted by the legal community as problems that cannot be solved by legal approaches alone.21
The legal community also has to admit that legal solutions are inadequate. Law enforcement issues need to be resolved within legal research and development framework.
This opens up opportunities for various disciplines to play a role. Legal professionals solving law enforcement problems must also have non-legal knowledge, especially in social sciences.
Second, legal education must be a priority. Particular attention should be paid to the welfare of law enforcement officials. Happiness has two purposes.22
First, you can minimize the financial impact on law enforcement agencies. Second, recruit qualified graduates of law enforcement agencies from various prestigious universities who are sincere in the public sector. Happiness needs to be translated here in the context of law enforcement's financial capacity to provide children with adequate housing, transportation, medical care, and education. For example, the basic salary of the Central Jakarta District Court for the position of judge is based on Government Regulation Number 12 of 2003, exceeding IDR 4.2 million to Indonesian Rupiah (IDR) 6.8 million, but a reasonable monthly fee has reached IDR. 14 million. This shows that the judges' current income is insufficient to meet their daily needs fully. Third, the need to maintain consistency in preparing and enforcing laws. As explained in the law enforcement issue, law enforcement in Indonesia is heavily influenced by money, discriminatory treatment, and the negative influence of law enforcement officials. Law enforcement is for political purposes. Law enforcement agencies must lay a strong foundation for law enforcement officers to carry out their duties consistently. At least all parties, including the government, can create an atmosphere that encourages consistent law enforcement.23
Reference to maintaining this consistency is, of course, not power, money, or any other variable. Law, especially law, is used as a reference. It must be acknowledged that Indonesian laws and regulations may not be available as a strong reference due to the overlapping of laws and regulations with other laws and regulations. The provisions of these regulations are so vague that they need to be interpreted. Of course, this weakness must be overcome, but law enforcement officials must be encouraged to comply with the law in carrying out their duties.
Fifth, the legal system needs to be cleaned up internally. It is important to carry out internal cleaning activities of the legal system and provide ongoing support. In this context, policy makers need to understand that the spirit of Indonesian law enforcement officers remains the same as that of Indonesian society.
They are afraid of the law and disobey it. Therefore, strict law enforcement must be carried out against law enforcement officers who have abused their authority. The mechanism
21 Dewi Haryanti, “Tinjauan Singkat Konstitusi Tertulis Yang Pernah Berlaku Di Indonesia,” Jurnal Selat 2, no. 1 (2014).
22 Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan (Lembaran Negara Nomor 1, Tambahan Lembaran Negara Nomor 3019).
23 Pasal 99 A Undang-Undang Nomor 5 Tahun 2019 Tentang Pembentukan Peraturan Perundang-Undangan.
created must be an operating mechanism that can catch the guilty persons trusted by society.
If policy makers choose to prioritize happiness, internal cleansing must be intensified. This is to eliminate those who deviate from their position and stick with those who are "greedy" and motivated to commercialize their position. Conducting thorough and definitive internal cleansing is difficult before the nation can provide adequate welfare. Sixth, a proactive measure of the need for and opposition to humanitarian action. People who will be upgraded are those in legal institutions and those around them, including their families. Improvement of human rights must be humane. Undoubtedly, there will be resistance if the reform of human laws is not carried out humanely.
Resistance makes the repair process more complicated and tedious. Therefore, the basis of the solution sought is at least an improvement that can reduce hatred and resistance.
However, when improvements to society and the legal system enter the legal process, law enforcement must be carried out consistently. Finally, the need for citizen participation.
Increasing public awareness and participation is essential to improve law enforcement.
Citizen participation includes individuals in society as well as non-governmental organizations. All parties are responsible for improving law enforcement in Indonesia. Every individual in Indonesia will play a significant role and contribute significantly.24
Starting from small things, everyone is subject to the law of obedience, not out of fear.
Parents teach their children to follow the rules from an early age. Individuals subject to legal processes can refrain from taking action that could undermine law enforcement. Mobilization of public participation is not as much as possible through formal movements. After the 1945 Constitution came into force, Islamic law also applies to Indonesians who are Muslims, from the point of view of Islamic law. Islamic Shari'a convinced its adherents for 14 years, starting from 22 June 1945, when the gentleman agreement was signed between Indonesian leaders, until 5 July 1959, before the Presidential Decree of the Republic of Indonesia was issued.
Information is not an authoritative source. The Jakarta Charter is a convincing source for an in-depth interpretation of the 1945 Constitution, as all the results of the Independent Examining Commission meetings and the Indonesian Preparatory Committee meetings for Indonesia are convincing sources of the trial results. Recognized as one. Opposition to the Independent Investigation Bureau is also an interesting source of information for the 1945 Constitution.25
Let's look at the constitution. As is well known, the Jakarta Charter is the opening of the 1945 Draft Constitution which was compiled by a research institute for the preparation for independence and then set forth in an executive Order dated July 5, 1959. The Jakarta Charter became an authoritative and convincing source of information for the Indonesian constitution only when the executive Order of the Republic of Indonesia of 5 July 1959 contained the provisions of the Jakarta Charter. To find out the legal basis for the Jakarta Charter in the Preamble to the Government Regulation of the Republic of Indonesia dated 5 July 1959, the provisional legal basis or Preamble to the constitution and laws.26
Marriage Law and Inheritance Law. The New Order government's legal policy in dealing with Islamic law for adherents of religion is regulated in Marriage Law Number 1 of 1974.
This legal policy is also contained in Provisional People's Consultative Assembly (MPRS) Decree Number II/MPRS/1960, which stated that religious factors would be considered in the
24 D R Abdul Manan, Politik Hukum Studi Perbandingan Dalam Praktik Ketatanegaraan Islam Dan Sistem Hukum Barat (Kencana, 2014).
25 Syamsuddin Radjab, “Negara Hukum Demokratis: Konstitusionalisme, Rule of Law Dan HAM,” Sulesana: Jurnal Wawasan Keislaman 8, no. 2 (2013): 3.
26 Andi Mappetahang Fatwa, Potret Konstitusi Pasca Amandemen UUD 1945 (Jakarta: Penerbit Buku Kompas, 2009), hlm 41.
further development of marriage and inheritance law. Up to March 27, 1968, MPRS Decree Number II/MPRS/1960, there has not been a single law that has appeared in the field of marriage law and inheritance law, but the Legal Development Institution concerned with complementary arrangements for marriage management, I issued a biaw. On the other hand, following the bilateral justice system, since 1959, the Supreme Court has made several decisions in the field of national inheritance law. Here you can see the area of national inheritance law, which approaches Islamic law from customary law bilaterally.
Political law theoretically becomes a scientific discipline in the spatial structure of law regarding the procedure for fundamentally changing the ius constitutum to become ius constituendum, it will lead to the creation of newer laws stipulated for legal changes, which will later become something fundamental to social changes. Regulation or policy and not become a provision
In Indonesia, legislation is the essential way to create a law. In addition, because of its binding and mandatory legal force, the law is a very effective means of changing laws. The legislation also offers greater legal certainty than common law, common law, or case law.
National legal politics is the basic policy of administering the state (Republic of Indonesia) in law, which originates from the values held by society to achieve the desired state goals. The state's goal as the direction of national development is closely related to general and changing legal policies. The role of national legal policy is very important in achieving state goals. This is because the national laws and regulations that apply and are enforced within the jurisdiction of the Unitary State of the Republic of Indonesia are used as the basic guideline for determining values, formation, formation, and development of national law in Indonesia. State administrators must establish national legal policies as the first and most important reference in the design of national law to achieve state goals.
C. Conclusion
In the teaching of Trias Politica, we will see terms of the central values of Trias Politica.
In the aspect of separation of powers, that there are government institutions or state institutions that have different characteristics, namely there are two divisions, namely vertically will be reviewed based on its level, related to the division of powers which will be classified according to its position as in the realm of territorial scope related to the central government and local governments in a unitary state. Then look horizontally that power can be divided functionally by emphasizing the functions of government which will be related to the legislature, executive, and judiciary. Understandably, Indonesia's constitution & budgetary politics can be understood in terms of some important historical events relating to the formation of the constitution (1945 Constitution) & its legal policies as well as constitutional amendments which are often understood in line with the development & changes of the times.
Therefore, budget politics in the Indonesian context is divided into two parts: budget politics before the amendment of the 1945 Constitution and budget politics after the amendment of the 1945 Constitution. Both of these actual events impact Indonesia's state budget products.
D. Suggestion
Law enforcement agencies in Indonesia are still not free from political intervention.
Intervention occurs in the formation of a legal product and in the process of its implementation in the judiciary. There is discrimination in law enforcement. It must be admitted that the legal process in corruption cases, especially those related to corruption in the DPRD and regional heads, is colored with shades of discrimination. However, this discrimination must be seen in the context of social justice, such as corruptors being treated
especially compared to other crimes. The DPR RI must consistently urge law enforcement officials to prosecute all actors involved. Not only calling out discrimination but also making policy recommendations that eliminate discrimination.
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Undang-Undang Nomor 5 Tahun 2019 Tentang Pembentukan Peraturan Perundang-undangan (Lembaran Negara Nomor 183, Tambahan Lembaran Negara Nomor 6398).
