File Skripsi.docx

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RETHINKING THE EXISTENCE OF THE GUIDELINES OF STATE POLICY (GBHN) TO CREATE A GOOD GOVERNMENT PLANNING

UNDERGRADUATE THESIS

This undergraduate thesis is submitted as one of the requirements to obtain the degree of Bachelor of Laws at the Faculty of Law Universitas Muhammadiyah Yogyakarta

Name

: Nur Alfin

Student Number : 20140610461 Faculty

: Law

Major

: International Program for Law and Sharia

Field of Study

: Constitutional Law

FACULTY OF LAW UNIVERSITAS MUHAMMADIYAH YOGYAKARTA 2018

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ABSTRACT In the new order, MPR created the guidelines of state policy (GBHN) as the state guidelines in running the national development. Unfortunately, after the end of the new order by the amendment of 1945 Constitution, GBHN is replaced by national long-term development plan (RPJPN) where the authority to make the RPJPN passed to the president. Therefore, if the president is replaced by other, it means that the policy that has been decided in RPJPN is also changed and it arises the discontinuation of national development. The aims of the research to evaluate the importance of the existence GBHN in creating a good government planning. The research is a normative legal research with descriptive qualitative method. The facts show that the importance of the existence of the GBHN in creating a good government planning is because the GBHN as the guideline of a state my direct the national development order which based on Pancasila and 1945 Constitution. After the 4th amendment of the 1945 Constitution, the national development is no longer guided by the GBHN. It is guided by Law No. 25 of 2004 regarding National Development Planning System (SPPN). The research recommends, to revive the GBHN becomes very urgent in order to realize a justice and welfare of Indonesian as proclaimed in the Preamble of the 1945 Constitution.

Keywords: guidelines of state policy (GBHN), national long-term development plan (RPJPN), national development.

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APPROVAL PAGE

RETHINKING THE EXISTENCE OF THE GUIDELINES OF STATE POLICY (GBHN) TO CREATE A GOOD GOVERNMENT PLANNING

Written By: Nur Alfin 20140610461

This undergraduate thesis has been approved by the Advisors On November, 17th, 2017

Advisor 1

Advisor 2

Iwan Satriawan, S.H., MCL., Ph.D NIK. 19700706199904 153 039

Nanik Prasetyoningsih, S.H., M.H NIK. 19740415200004 153 043

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ENDORSEMENT PAGE

This undergraduate thesis has been defended in front of the board of reviewers

RETHINKING THE EXISTENCE OF THE GUIDELINES OF STATE POLICY (GBHN) TO CREATE A GOOD GOVERNMENT PLANNING On December, 9th, 2017 Board of Reviewers: Chairman

H. Nasrullah, S.H., S.Ag., MCL. NIK. 1970061720004 153 045

Reviewer 1

Reviewer 2

Iwan Satriawan, S.H., MCL., Ph.D NIK. 19700706199904 153 039

Nanik Prasetyoningsih, SH., MH NIK. 19740415200004 153 043

Endorsed by: Dean of Faculty of Law Universitas Muhammadiyah Yogyakarta

Dr. Trisno Raharjo, SH., M.HUM NIK. 19710409199702 153 028

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DECLARATION PAGE

I hereby declare that the Undergraduate Thesis which is entitled “RETHINKING THE EXISTENCE OF THE GUIDELINES OF STATE POLICY (GBHN) TO CREATE A GOOD GOVERNMENT PLANNING” its content is truly the work of my own and I did not do a plagiarism or quotation in ways that are inconsistent with the prevailing ethnic in the scientific community. On this statement, I am ready to be bear the risk/any sanctions imposed to me in accordance with the applicable regulations, if in the future a breach of scientific ethnics, I am willing to accept the sanctions.

Written by Name

: Nur Alfin

Student Number

: 20140610461

Facuty

: Law

Major

: International Program for Law and Sharia

University

: Universitas Muhammadiyah Yogyakarta

Yogyakarta,

Nur Alfin

, 2018.

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MOTTO

“Good is not enough, when better is possible” -Agus Trilaksono-

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DEDICATION This undergraduate thesis is dedicated to My Lord, Allah SWT Prophet Muhammad SAW

My Beloved Parents Sumaryanto Suratun

My Lovely Sister Lina Aufa Zafira Ifa Nurjanah

My Supervisors Iwan Satriawan, S.H., MCL., Ph. D. Nanik Prasetyoningsih, S.H., M.H.

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TABLE OF CONTENTS ABSTRACT .........................................................................................

i

APPROVAL PAGE ..............................................................................

ii

ENDORSEMENT PAGE ......................................................................

iii

DECLARATION PAGE .......................................................................

iv

MOTTO PAGE ....................................................................................

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DEDICATION PAGE ...........................................................................

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FOREWORD .......................................................................................

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TABLE OF CONTENTS ......................................................................

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LIST OF STATUTES ...........................................................................

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LIST OF ABBREVIATION ..................................................................

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CHAPTER ONE – INTRODUCTION ...................................................

1

A. Background of Research ...............................................................

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B. Research of Problem ....................................................................

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C. Objectives of Research .................................................................

6

D. Benefits of Research ....................................................................

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CHAPTER TWO – LITERATURE REVIEW .........................................

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A. The Guidelines of State Policy (GBHN) .........................................

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B. The Development of Law ............................................................

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C. The Legal Basis of the Government Planning .................................

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D. Sustainability Development ..........................................................

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E. Constitutional Sustem in Indonesia ................................................

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F. Comparison of National Development Planning .............................

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CHAPTER THREE – RESEARCH METHOD .....................................

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A. Type of Research .........................................................................

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B. Type of Data ...............................................................................

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C. Data Collection ...........................................................................

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D. Data Analysis ..............................................................................

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CHAPTER FOUR – FINDING AND ANALYSIS .................................

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A. History of the Guidelines of State Policy (GBHN) ..........................

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B. Development Planning in Indonesia ..............................................

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C. National Development Planning ....................................................

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D. Rethinking the Guidelines of State Policy to Make a Good 55 Government ................................................................................ CHAPTER FIVE – CONCLUSION AND SUGGESTION .....................

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A. Conclusion ..................................................................................

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B. Suggestion ..................................................................................

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BIBLIOGRAPHY ..................................................................................

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LIST OF STATUTES Indonesia Law No. 25 of 2004 on Planning System National development. Law No. 12 of 2011 on the Regulations of Legislation. Law No. 17 of 2017 on the National Long-term Development Planning Law No. 42 of 2008 on General Election of President and Vice President. The 1945 Constitution Republic of Indonesia before Amendment.

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LIST OF ABBREVIATION

GBHN

(Garis-Garis Besar Haluan Negara) Guidelines of State Policy

SPPN

(Sistem

Perencanaan

Pembangunan

Nasional)

National Development Planning System RPJPN

(Rencana Pembangunan Jangka Panjang Nasional) National Long-term Development Plan

RPJMN

(Rencana Pembangunan Jangka Menengah Nasional) National Medium-term Development Plan

RPJP

(Rencana Pembangunan Jangka Panjang) Long Term Development Plan

RPJM

(Rencana Pembangunan Jangka Menengah) Medium Term Development Plan

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CHAPTER ONE INTRODUCTION A. Background of Research

The Guidelines of State Policy (GBHN) is important for the future development of Indonesia. Through GBHN the state arranged the national development program by having GBHN. The national development will have clear guidelines, and strategy to achieve the goals in which a country aspires. Since the 4th amendment, the GBHN does not exist anymore. The state does not have guidelines in running and organizing national development programs because at the moment national development run using the vision-mission of the elected president. Historycally in the new order1, the president runs the national development using GBHN. Because basically, GBHN is the vision of the second highest mission of the country after the 1945 Constitution. Since reform era in 1998, it must be admitted that there has been a radical change in the state system. The People's Consultative Assembly (MPR), formerly the highest state institution, now stands as the state's high institution.2 In the old order and new order era, in the constitution of the state of Indonesia, namely the 1945 Constitution, there is a provision in Article 3 concerning the authority of the People's Representative

1

New order mean Soeharto era Bahaudin, “Menghidupkan Kembali GBHN: Komparasi GBHN dan RPJPN sebagai Kebijakan Politik Hukum Nasional dalam Bidang Pembangunan”, Jurnal keamanan nasional, Vol. III, No.1, (May, 2017), p. 95. 2

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Assembly to enact the Constitution and GBHN. In other words, it is obviously that the MPR has the authority to make GBHN. The President runs a System of National Development Programs based on GBHN made through MPR Decisions (TAP MPR).3 It is a manifestation of idea of the Founding Fathers of Indonesia. GBHN is a goal to be achieved by indonesia and it does not cover only one aspects, but it related to various aspect such as political, economic, social, cultural and includes many state institutions. GBHN continues to apply from the Old Order to the New Order and while in the reform period, GBHN was removed because the outlines of GBHN show or reflect an absolute supreme institution, the People's Representative Assembly which at that time (New Order Era) is a supreme state institution within the government of the Republic of Indonesia. GBHN was removed through the fourth amendment of the 1945 Constitution, so that the MPR did not become the supreme body of the state, and the MPR had not the authority to make the Guidelines of State Policy. Then, after removal of GBHN, in Law No. 25 of 2004 on National Development Planning System4 has been enacted. After the 4th amendment, there was a very significant change in the status of state institutions, or commonly is called hierarchy. Because before the 4th amendment the position of MPR was as the highest

Yessi, “Perbandingan Perencanaan Pembangunan Nasional Sebelum Dan Sesudah Amandemen Undang-Undang Dasar 1945”, Fiat Justisia Jurnal Ilmu Hukum, Vol. 9, No. 1, (March, 2015), ISSN: 1978-5186, p. 75. 4 Law No. 25 of 2004 on National Development Planning System 3

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institution and the president under the MPR. After the amendment, the position of MPR and President is equal because the highest position is the 1945 Constitution. In other words, there is no more the highest state institutions. Figure 1 The Indonesian constitutional hierarchy before the 4th amendment

UUD 1945 MPR

DPR

PRESIDEN NNNNNN

BPK

MA

DPA

Figure 2 The Indonesian constitutional hierarchy after the 4th amendment

UUD 1945

BPK

MPR DPD

DPR

PRESIDEN

MK

MA

WAKIL PRESIDEN

In the New Order Era, MPR has authority to set national development planning system every five-year which common called as the GBHN. The MPR through GBHN has established a comprehensive

KY

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national development planning system and instructed the President to carry out the development. After the New Order period, the formulation of national development planning system was given to the President and Vice President. Law No. 25 of 2004 on the National Development Planning System has stipulated that the President and Vice President are given the task of preparing national development direction and strategy for 5 years in the National Medium-term Development Plan (RPJMN).5 RPJMN is an explanation of the President which is guided to the Preamble of the 1945 Constitution and the National Long-term Development Plan (RPJPN) which has been established by Law No. 17 of 2007 on RPJPN.6 It is in line with the requirements of the President and Vice President based on Article 15 e of Law No. 42 of 2008 on General Election of President and Vice President,7 which should have visions missions and program for the next 5 years in running the government. The absence of GBHN as a product of the MPRhas created problems because MPR does not have the authority to produce legal products namely GBHN. Furthermore, in the absence of GBHN the structure of national development will be problematic because it does not have guidance for the future. While through the GBHN, the national development system will have clear strategies to achieve the goals in which a country aspires. It is interesting for the author to write on the rethinking the existence of GBHN to create a good government planning. 5

Ibid, p. 90. Law No. 17 of 2017 on the National Long-term Development Plan (RPJPN). 7 Law No. 42 of 2008 on General Election of President and Vice President. 6

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B. Research Problem How is the importance of the existence of GBHN in creating a good goverment planning? C. Objective of Research 1. To know the concept of GBHN in indonesian constitutional system 2. To evaluate the importance of the exixtence GBHN in creating a good goverment planning 3. To suggest recommendation on the importance of GBHN in creating a better goverment planning D. Benefit of Research Based on the research problem and objective research, the benefit of research is expected as follows: 1. Theoretically To result of research may enrichly and develop the legal science, particularly on the constitutional law issues 2. Practically The result research provides concept of the importance of GBHN that practically needed by the MPR

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CHAPTER TWO LITERATURE REVIEW

A. The Guidelines of State Policy (GBHN) The Guidelines of State Policy (GBHN) is rules on the state implementation as a statement of the people's wishes as a whole and integrated to realize the welfare of society.8 According to Jimly Asshiddiqie,9 GBHN is set every 5 years to reference and guidance the President to carry out national development within 5 year. Since GBHN removed and replaced by Law No. 25 of 2004 which regulates the national development planning system, that the explanation of the goals the establishment of the Republic of Indonesia as stated in the Preamble to the 1945 Constitution, as outlined in the form of the Long-Term Development Plan (RPJP). The RPJP have timeframe 20year, which is then the explanation in the medium-term development plan (RPJM), which is planned for 5 years. The GBHN is considered as a special pattern of national development, with a series of development programs that are focused and integrated. Based on the MPR decision, GBHN is a policy, the precision of steps and targets to realize an ideal of the state and the people. The GBHN also as a tool to achieve the desired future of the country. It also

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MPR Decree (TAP MPR) No. IV/MPR /1999, p. 1083. Jimly Asshiddiqie is former of Constitution Judges and Professor of Constitutional Law Expert

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serves as code of ethics of how national development should implemented in accordance with the rules. B.

The Development of Law According to Prof. Dr. Mochtar Kusumaatmaja,10 There are several aspects of the Theory of Development Law. First, Theory of Law Development until now is a legal theory that exists in Indonesia because it was created by the Indonesian people by looking at the dimensions and culture of Indonesian society. Therefore, by measuring the dimensions of theory of development law, will grow and develop in accordance with the conditions of Indonesia. Second, the development law theory used reference framework on the way of life of the people and the Indonesian nation based on the principle of Pancasila which is has nature of kinship toward the norms, principles, institutions and rules contained in the theory of law development consists of some dimentions, i.e, structure, culture, and substance as stated by Lawrence W. Friedman.11 Third, law development theory give the basic function of law as a "tool of society renewal"12 and

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Mochtar Kusumaatmaja is a Doctor of Law Sciences of Padjadjaran University, Bandung, author of Book Legal Science and an Indonesian academician and diplomat. He served as Justice Minister from 1974 to 1978 and Minister of Foreign Affairs from 1978 to 1988. 11 Lawrence W. Friedman, American Law: An invaluable guide to the many faces of the law, and how it affects our daily lives, W.W. Norton & Company, New York, 1984, page 1-8. and at Legal Culture and Social Development, Stanford Law Review, New York, p. 1002-1010 and in Law in America: a Short History, Modern Library Chronicles Book, New York, 2002, p. 4-7. 12 Basically, the function of the law as "means of renewal of society" (law as a tool of social engeneering) relative still in accordance with the development of law national now, but it needs to be equipped with beureucratic engineering that put forward the concept of role models or leadership, so that the function of law as a means of renewal can create harmonization between bureaucratic and community elements in a container called "beureucratic and social engineering" (BSE).

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law as a system which is indispensable for the nation of Indonesia as a developing country.13 Mochtar

Kusumaatmadja

adds

a

pragmatic

purpose

(for

development) as well as input from Roscoe Pound and Eugen Ehrlich where the correlation between Laswell and Mc Dougal's statement suggests that the cooperation between legal study and carrier of law is ideally capable of generating legal theory, a theory that have a pragmatic dimension or practical usefulness. Mochtar Kusumaatmadja brilliantly changed the meaning of the law as a tool to become law as a tool (instrument) to develop society. The basic idea underlying the concept is that regularity in the development and renewal efforts is desirable, even absolutely necessary and that the law in the meaning of norm is expected to direct human activities towards those desired by development and renewal. C.

The Legal Basis of the Government Planning As a developing country, Indonesia is currently working for economic development. Economic development is part of national development and also covers all aspects of life which include development in the fields of politics, economy, social, culture, defense and security. National development is defined as a series of sustainable development efforts, covering all aspects of community life and state.

13

Lilis Rasjidi, 2003, Hukum Sebagai Suatu Sistem, Bandung, CV. Mandar Maju, p. 5.

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National development is conducted with the aim to create a just and prosperous society on material and spiritual based on Pancasila and the 1945 Constitution. The National development also has a foundation for the running of a development plan. The foundation for implementing national development are: 1. Pancasila as the foundation of ideology of state 2. The 1945 Constitution as the constitutional foundation. 3. GBHN, MPR Decision No. IV/MPR/1999 which was amended by Law No. 25 of 2004 on National Development Planning System. Law No. 25 of 2004 on the national development planning system (SPPN) means a unity of development planning procedures to produce long-term, medium-term and annual development plans implemented by the state and community organizers at the central level and Regions. The National Development Planning System aims to: 1. Support coordination among development actors 2. Ensure the creation of integration, synchronization and synergy both between regions, between spaces, between time, between government functions and between Centers and Regions. 3. Ensure linkage and consistency between planning, budgeting, implementation, and supervision 4. Optimize community participation 5. Ensure the achievement of the use of resources efficiently, effectively, justice, and sustainable.

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D.

Sustainability Development According to Oekan S. Abdoellah,14 sustainable development has been proclaimed by the Indonesian government since 1987. Until now, the issue is still limited to discourse and rhetoric. Discussing on mainstreaming sustainable development, actually already exist in RPJMN. But the facts are not getting better. Environmental damage is getting worse. There are several problems that have not yet implemented on sustainable development in Indonesia. The political commitment of the government has not fully understood the pattern of sustainable development.

Political

commitment

is

still partial

because of

decentralization so that each region runs independently. Some region leaders have not been able to implement sustainable development in accordance with the RPJMN. This can be seen from the number of environmental destruction activities whose sole purpose is to increase the regional economic income. Indonesia's economy is still relying on the Natural Resources sector. Exploitation of natural resources is currently considered too extractive as if this sector is a natural wealth that will not be exhausted. Indonesia only depends on the sector of natural resources owned. While the ecological functions that exist of natural resources (Sumber Daya Alam) are never taken into account. Meanwhile, according to Kuntoro,15 Indonesia's unpreparedness regarding Sustainable Development is not yet 14

Oekan S. Abdoellah is Professor of the Faculty of Social and Political Sciences (FISIP) University of Padjajaran. 15 Former Head of President Work Unit of Development Supervision and Control of Indonesia

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prioritized the environmental sector in the pillars of development. The three pillars of development, the environmental sector is the latest to focus on economic and social sectors. Regarding the definition of the environment, it is currently defined only in the forest, coastal and river sector, as the government has proclaimed 40 years ago. In fact, the current definition of the environment is not only limited to forests, rivers, and beaches, but everything that supports our life. Thus, the current government is still dependent on economic parameters rather than the environment. If the parameter of Indonesia is not changing, then the country will never be ready for the sustainable development. The sustainable development requires strong commitment from various parties. The sustainable development is not only a national commitment, but also an international commitment. According to Armida S. Alisjahbana,16 that the main goal of sustainable development should be translated into real targets. The synergy of collaboration between central government, province, to district and city is very important. The government political commitment to development must implement sustainable development. Indonesia's development success indicators are no longer dependent on the economic sector. Implementation of sustainable development is the best way to achieve equitable welfare. At this time, the implementation of sustainable

16

Former Minister of Planning and National Development / Head of Bappenas 2009-2014.

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development must be implemented in order to achieve a good national development in accordance with the goals of the Indonesian nation.

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CHAPTER THREE RESEARCH METHOD A. Type of Research This type of research is normative legal research. Normative legal research is a legal research that uses the law as the basis for using a variety of secondary data. It will be taken from literature: books, journals, legislation, court decisions, legal theory, and also the opinions of jurists. It is also related to principles, norms, agreement, and doctrines. B. Type of Data The data which will be used in this research is secondary data. The secondary data consist of primary legal material, secondary legal material, and tertiary legal material. The detail data will be explained as follows: 1.

Primary legal material consists of regulations as follows: a. The 1945 Constitution b. Law No. 25 of 2004 on National Development Planning System c. Law No. 12 of 2011 on The Regulations of Legislations d. Law No. 17 of 2017 on The National Long-term Development Plan (RPJPN) 2005-2025 e. Law No. 42 of 2008 on General Election of President and Vice President f. The various laws related to the Guidelines of State Policy, etc.

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2.

Secondary legal material consists of several documents that related to the primary legal materials as follows: a. Books; b. Scientific journals; c. Other legal documents related to the issue; d. Trusted sites internet; and e. Other non-legal documents related to this research.

3.

Tertiary legal material, as follows: a. Dictionary; b. Encyclopedia.

C. Data Collection Method of data collection in this research will be conducted through library research by literature learning. This method will collect data by reading, analyzing and trying to make a conclusion from related documents such as constitution or laws, books, scientific journals and others which related to the main problem as the object of this research. D. Data Analysis The data will be analyzed systematically through qualitative descriptive approach. Systematically, this research will be analyzed based on constitution, laws, and other theories related to the problem the GBHN.

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CHAPTER FOUR FINDING AND ANALYSIS A. History the Guidelines of State Policy (GBHN) The period of reform that started from the fall of President Soeharto after leading the country of Indonesia for 32 years and then forwarded by the President of B.J. Habibie until Jokowi, better known as a period of democracy that does not have GBHN. During the leadership of Soeharto, the development of Indonesia used the guidelines of GBHN which was implemented with the MPR decree. From 1 April 1969 to 21 May 1998, there was six MPR decree on GBHN, namely: 1. MPR Decree No. IV/MPR/197317 The insight of archipelago is the Indonesian nation's perspective on their own self and surrounding environment based on its national idea based on Pancasila and the 1945 Constitution which is the aspiration of an independent, sovereign, dignified and selffulfilling Indonesian nation in achieving the goals of the national struggle. 2. MPR Decree No. II/MPR/197818 The guidance of the practice of Pancasila in the life of the state during the New Order period. The Pancasila Guidance is established by the MPR Decree. No. II/MPR/1978 on Ekaprasetia

17 18

MPR Decree No. IV / MPR / 1973 on the Guidelines of State Policy MPR Decree No. II / MPR / 1978 on Guidelines of Practice and the Application of Pancasila

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Pancakarsa19 which explain the five principles in Pancasila into 36 points of practice as a practical guide to the implementation of Pancasila. 3. MPR Decree No. IV/MPR/198320 a. The referendum is held by holding public opinion directly, publicly, freely and secretly. b. The voting of popular opinion is done by using the letter of the opinion of the people. 4. MPR Decree No. II/MPR/1988 The changes and additional on MPR decree No. I/MPR/1983 5. MPR Decree No. II/MPR/1993 The MPR decree on GBHN. 6. MPR Decree No. II/MPR/199821 Revocation

of

MPR

Decree

Number

II/MPR/1978

on

(Ekaprasetia Pancakarsa) and determination of Pancasila as the basis of state. Then, with the rise of President B.J. Habibie who succeeded President Soeharto on May 22, 1998 and followed by the implementation of the Special Session of the MPR in November 1998, the MPR Decree No. II/MPR/1998 on GBHN was revoked and replaced by the MPR Decree No. X/MPR/1998 on the Principles of Development Reform in 19

Eka Prasetya Pancakarsa is a guide about the practice of Pancasila in the life of the state during the New Order 20 MPR Decree No. IV / MPR / 1983 on Referendum 21 MPR Decree No. II / MPR / 1998 on the Principles of Development Reform in the Framework of Rescue and Normalization of National Life as the State Policy.

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the Framework of Rescue and Normalization of National Life as the State Policy. This document is used as a guideline for the Indonesian state to quickly get out of the economic crisis that occurred since July 1997. The last document of GBHN valid in Indonesia was ratified by the MPR Decree No. IV/MPR/1999 on GBHN 1999-2004. The existence of Law No. 25 of 2004 on the National Development Planning System (SPPN), and simultaneously is a result of the 4th amendment of the 1945 Constitution. The documents of GBHN is not used anymore. Currently, the document replacing GBHN is the National Long-Term Development Plan (RPJPN) stipulated based on Law No. 17 of 2007. B. Development Planning in Indonesia GBHN which established by the MPR is directives or guidelines for the nation's struggle to fill its independence. Thus, the material GBHN covering all aspects of life of the nation should still refer to the goals of a country contained in the Preamble of the 1945 Constitution. Therefore, in the GBHN it will be found in the form of explanations of principles of national development that should not conflict with Pancasila and the 1945 Constitution.22 In the period 1969-1998, Indonesia managed to make the national development plan systematically through the five-year stage. The development is an elaboration of the GBHN as mandated in the 1945

22

Denny Indrayana, 1997, Tantangan Pembangunan di Indonesia, Yogyakarta, UII press, p. 133.

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Constitution.23 The development stage of the time has become the basis for a sustainable development process and succeeded in improving the people's welfare, as seen in various social and economic indicators. The famous development doctrine of the time was a development trilogy.24 At that time all the power of the state apparatus was mobilized to realize about political stability. The enactment of Law No. 22 of 1999 regarding Regional Government has resulted in the implementation of regional autonomy implemented by providing broad, real and responsible authority to the regions. So that coordination and arrangements are required to unify and harmonize the development, both national development and interregional development. These matters are the consideration of the need to establish a national development planning system through Law No. 25 of 2004 on the National Development Planning System (UU SPPN) which became the legal basis in the field of development planning after the GBHN was removed.25 Law No. 25 of 2004 on the National Development Planning System (SPPN) is a unity of development planning procedures to produce long-term, medium-term and annual development plan

Imam Subkhan, “GBHN dan Perubahan Perencanaan Pembangunan di Indonesia”, Jurnal Aspirasi, Vol. 5, No. 2, ISSN: 196-223, (December, 2014), p. 138-139. 24 Trilogi pembangunan: (1) stabilitas nasional yang sehat dan dinamis; (2) pertumbuhan ekonomi yang cukup tinggi; (3) pemerataan pembangunan dan hasil-hasilnya menuju kepada terciptanya keadilan sosial bagi seluruh rakyat. 25 Law No. 25 of 2004 on Planning System National development. 23

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implemented by the state and community organizational elements at the Central and Regional levels.26 SPPN and GBHN have some fundamental differences. GBHN was drafted by the MPR and stipulated by MPR Decree because the MPR is considered as a representative of the Indonesian people in carrying out the sovereignty process of the people and the President must run the state guidance according to the GBHN determined by the MPR without being involved in the preparation. While in SPPN, the preparation of the planning document involves the state organizers which also consists of the President as the implementer of the planning and the community at the Central and Regional level.27 1. New Order The political policy of the law in the field of national development began to be neatly arranged, walking directionally and continuously as the New Order government was in the center of power. Apart from the pros and cons in it, from 1969 to 1998 the New Order made the GBHN a foundation in the field of National Development plan. During 32 year in power, ideas and development goals formulated by the MPR and runs by the President. In Article 3 of the 1945 Constitution, the pre-amendment reads "The People's Representative Assembly Establishes the Constitution the Guidelines of the State Policy." In the article it is clear that GBHN 26 27

Article 1 point 3 of Law No. 25 of 2004 on Planning System National development. Yessi Anggraini, Op.Cit., p. 83.

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is a mandate of the 1945 Constitution as an instrument to create prosperity, a just and welfare of society. The duties of formulating and making the GBHN assumed by the MPR which is the highest state institution in the country of Indonesia. The President as the mandate of MPR in running the government, cannot run with its own vision and mission but must be subject to the great visions made by the MPR and outlined in the GBHN. After the fall of the Old Order government and changed into the New Order. The national development policy in the regions is also planned by the MPR regularly which is then set out in the form of GBHN. Since 1973 to 1998 President Soeharto put the GBHN as the legal foundation in the development process in the country. It is not apart from the role and position of the MPR as the highest institution of the country, so that MPR Decree No. IV/MPR/1973 on GBHN became a legal product at the general assembly of MPR in 1973. The GBHN of 1973 also contains provisions of the relationship between the central government with the region, which contains the revocation of regional autonomy previously regulated by MPRS decree No. XXI of 1966. It was revoked because it is considered containing liberalism, which can cause and endanger the integrity and unity of the nation. During the New Order government, development projects were carried out systematically, running well, and neatly arranged. Each

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development program is run in accordance with the policy contained in the GBHN. In building the nation of Indonesia, the New Order government has its own strategy. The development program is divided into several stages. Short-term stages are called Repelita (Five-Year Development Plan) and even a twenty-five year development plan (1994-2019). Each Repelita has measurable targets and goals. The first 5 years of the 1969 to 1974 program focused on agriculture. In the mid-1980s Indonesia was able to achieve self-sufficiency in rice supplies. In that period, the Indonesian economy grew by more than 7 percent.28 Soeharto success in promoting rice self-sufficiency, creating political stability, reducing poverty and illiteracy. Many world leaders are interested in the figure, even learn with him to organize the country and nation they lead. At the international level Soeharto encouraged the development of cooperation among ASEAN countries in trade with the aim of strengthening and achieving national resilience. Soeharto also managed to restore relations with the People's Republic of Tiongkok (RRT). At that time Suharto was a famous leader, perhaps even a world leader.29 The following is an explanation of Suharto's leadership strategy during the New Order period, which has national development planning such as generic strategy, specific strategy, development 28

Anne Both, 2001, Pembangunan: Keberhasilan dan Kekurangan, Jakarta, Gramedia pusaka, p. 191. 29 R.E. Elson, 2001, Suharto Sebuah Biografi Politik, Jakarta: Pustaka Minda Utama, p. 487.

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program, stages in development program, program monitoring and evaluation, and feedback. 1. General Strategi30 In the Soeharto era, development strategies were directed at increasing national income, cleaning and improving economic conditions, especially to suppress high inflation rates. 2. Specific strategy of development31 In implementing national development, the New Order government has various references in planning the development program and improving the Indonesian economy. One of the work programs of the New Order government is the Trilogy of development, namely: a. Equity of state development and its results. b. Plan, implement, and achieve high economic growth. c. Creating healthy and dynamic national stability 3. Development Program32 a.

Law Developing legal culture in the life of society for the creation of legal awareness and compliance.

BAPPENAS, 2009, “tahapan penyusunan program”, (Direktorat Alokasi Pendanaan Pembangunan), p. 5. 31 Student Journalism, Perkembangan Strategi dan Perencanaan Pembangunan Ekonomi Indonesia, december, 20, 2018, http://wartawarga.gunadarma.ac.id/2010/03/perkembangan-strategi-danperencanaan-pembangunan-ekonomi-indonesia/, at 2.16 p.m. 32 Bappenas, Prioritas Pembangunan Nasional, december, 12, 2018, https://www.bappenas.go.id/files/7813/.../bab-ii-proiritas-pembangunan-nasional.pdf, at 12.45 p.m. 30

35

b.

Economic Developing a populist economic system based on fair market mechanisms with the principle of fair competition.

c.

Politic Strengthening the existence and sustainability of the Unitary State of the Republic of Indonesia which is based on bhineka tunggal ika.

d.

Education Striving for expansion and equality of opportunity to obtain high quality education for all Indonesian people.

e.

Social and Culture Improving the quality of human and environmental resources that prioritize efforts to improve health, prevention, healing. Developing a national culture that comes from heritage of national cultural that contains universal values including belief in God Almighty in order to support the maintenance of social harmony and build civilization of the nation.

4. Stages in the Development Program The strategy is then reinforced by setting goals and emphasis of each Rencana Pembangunan Lima Tahun, namely:33

Syahroni, “Pemikiran Tentang Pembangunan Nasional Jangka Panjang Tahap II”, Jurnal PWK, (December, 2010), page 4-8. 33

36

1.

RENCANA PEMBANGUNAN LIMA TAHUN I (Five-year development plan): Putting emphasis on agricultural and industrial sectors that support the agricultural sector to create a strong foundation for the next stage.

2.

RENCANA PEMBANGUNAN LIMA TAHUN II (Fiveyear development plan): Putting the emphasis on the agricultural sector by increasing the industry that process raw materials into staple.

3.

RENCANA PEMBANGUNAN LIMA TAHUN III (Fiveyear development plan): Putting the emphasis on the agricultural sector towards food self-sufficiency and increasing the industry that process raw materials into goods.

4.

RENCANA PEMBANGUNAN LIMA TAHUN IV (Fiveyear development plan): Putting an emphasis on the agricultural sector to continue the efforts towards food self-sufficiency by increasing industries that can produce their own industrial machinery.

5.

34

Monitoring and Evaluation of the Program, and Feedback34

AR, Strategi Optimalisasi Pelaksanaan Pengendalian Dan Evaluasi Perencanaan Pembangunan Daerah Dalam Mewujudkan Penyelenggaraan Pemerintahan Daerah Yang Baik, december, 15, 2018,http://www.bangda.kemendagri.go.id/opini/baca_opini/1023/strategi_optimalisasi_pelaksan aan_pengendalian_dan_evaluasi_perencanaan_pembangunan_daerah_dalam_mewujudkan_peny elenggaraan_pemerintahan_daerah_yang_baik#, 3.35 p.m.

37

In New Order period a lot of success in development planning, such as: a. Indonesia's GDP (gross domestic product/produk domestik burto) per capita growth in 1968 was only US $ 70 and in 1996 it had reached over US $ 1,000 b. Successfully fight illiteracy c. Successful self-sufficiency in food d. Minimum unemployment e. Successful Compulsory Learning Movement f. The success of domestic security so that the political situation is very safe, comfortable and conducive at the time. g. Success to foster a sense of nationalism h. Succeed with its REPELITA program (Five Year Development Plan). i. Foreign investors want to invest in Indonesia 2.

Reform Era After the fall of the New Order and born of the Reform Era in 1998, Indonesia entered a new phase. There have been significant changes in the political and administrative system. In the political field the President is elected directly by the people. The logical consequence of this is the President becomes determinant actor of the direction of national political policy in the field of development. The vision and mission of the President is derived applied in the

38

RPJP as guide of the national development. The Reform Era began when BJ Habibie replaced Soeharto as the President in 1998. As a leader born in the transitional era, Habibie focuses on controlling the political stability of the turbulent one. In this Habibie period the policy of national law in the field of development described in the GBHN is over. The MPR as the country's highest institution rejected President BJ Habibie's accountability. After that the policy of national law in the field of development is no longer familiar with the term GBHN. One of the ideals of the Reformation of 1998 was to seek a decent life for the people in accordance with just and civilized humanitarian principles. Then develop the people's economy that pays attention to economic growth with the values of justice, social interests and fair treatment for all Indonesian people. Referring to the Central Bureau of Statistics (BPS) data released in March 2015 the number of poor people in the country continues to increase. In September of 2014, the number of poor people in the Indonesia around 27.73 million people or 10.96% of the total population in Indonesia. Then in March of 2015 the number of poor people to 28.59 million people or 11.22% of the total population of Indonesia. In the span of 6 months the number of poor people in the homeland increased by 860,000 people. Even in 2016 the number of poor people is reduced, but the numbers are still quite large. According to BPS, the number of poor (people with per capita

39

expenditure per month below the Poverty Line) in Indonesia as of September 2016 reached 27.76 million people (10.70 percent), or decreased by 0.25 million people compared to March 2016 of 28.01 million people (10.86 percent).35 The percentage of poor people in urban areas in March 2016 was 7.79 percent, down to 7.73 percent in September 2016. The percentage of poor people in rural areas dropped from 14.11 percent in March 2016 to 13.96 percent in September 2016. Although during the period of March 2016-September 2016 the percentage of poverty declined, but according to BPS, the number of poor people in urban areas increased by 0.15 million people (from 10.34 million people in March 2016 to 10.49 million people in September 2016), while in rural areas fell by 0.39 million people (from 17.67 million people in March 2016 to 17.28 million people in September 2016). Such poverty figures, of course, should be used as a reflection to rearrange the course of the nation's journey. In such a position that is the importance of rearranging the direction of the future of the Indonesian nation.36

35

Badan Pusat Statistik, Persentase Penduduk Miskin Maret 2015 Mencapai 11,22 Persen, December, 14, 2018, https://www.bps.go.id/pressrelease/2015/09/15/1158/persentase-pendudukmiskin-maret-2015-mencapai-11-22-persen.html, at 9.47 a.m. 36 Badan Pusat Statistik, Persentase Penduduk Miskin Maret 2016 Mencapai 10,86 Persen, December, 14, 2018, https://www.bps.go.id/pressrelease/2016/07/18/1229/persentase-pendudukmiskin-maret-2016-mencapai-10-86-persen.html, at 10.16 a.m

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C. National Development Planning before and after the fourth amendment 1945 Constitution The constitutional amendment in the history of the nation of Indonesia provides fundamental changes to the process of preparing the national development direction. It is based on political changes in the history of the Indonesian state between democratic politics and authoritarian politics. The political changes that caused legal aspect not only about changes in the law, but also changes in the higher laws and regulations of the MPR and the 1945 Constitution. The amendment of the 1945 Constitution would change the institutional system of the state including the status of the MPR which would have an impact on the loss of the MPR's authority to make the GBHN.37 The legal basis of the need to amend the 1945 Constitution is based in article 1 (3) of the 1945 Constitution of the Republic of Indonesia which states: "the Indonesian state is a state law" meaning that the 1945 Constitution becomes the basis of all the provisions of the legislation.38 As a state of law, Indonesia directs its national development to protect the rights of citizens to achieve justice, prosperity and legal guarantees and legal equality for every citizen. The purpose of the establishment of the state of Indonesia is contained in the preamble of the 1945 Constitution of the fourth paragraph as follows: 37

Moh. Mahfud MD, 2017, Politik Hukum di Indonesia, Jakarta, Rajawali Pers, p. 375-377. Erna Ratnaningsih, Perbedaan Tujuan dan Arah Pembangunan Hukum Nasional Sesudah dan Sebelum Amandemen UUD 1945, accessed on March, 02, 2018, http://businesslaw.binus.ac.id/2017/08/27/perbedaan tujuan-dan-arah-pembangunan-hukum-nasional-sebelumdan-sesudah-amandemen-uud 1945/#_edn1, at 5.46 p.m. 38

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1.

Protecting the entire nation of Indonesia and the entire blood spill Indonesia

2.

Promote public welfare

3.

Educate of the nation

4.

Carry out a world order based on freedom, eternal peace and social justice

To achieve these objectives, the national development should be carried out gradually and continuously. Prior to the fourth amendment of the 1945 Constitution, the direction of national development is established through the guidelines of state policy. After the amendment of the 1945 Constitution, development planning to ensure the achievement of state objectives is regulated through the national development planning system with the issuance of Law No. 25 of 2004 on National Development Planning System which regulates the National Long Term Development Plan. GBHN and RPJPN are essentially the same as guidelines for Indonesian development direction both central and local government. Changes in the legal basis in national development planning as a substitute for the GBHN after the amendment of the 1945 Constitution caused many pros and cons in the community. With the abolition of GBHN, some parties assess the consistency and continuity have no gone well because the development planning is contained in the law. Law on national development planning system and the underlying legislation under which development planning is deemed incapable of ensuring the

42

sustainability and harmony of development between central and regional governments. These ideas led to the discourse of the revitalization of the more easily understood GBHN to run the national law development for the present. In the academic texts compiled by the Indonesian Rector Forum 2014, Niki Lukviarman, Professor and Head of Doctoral Program of Andalas University, stated that GBHN is different from Long Term Development Plan. GBHN is a development ideology strategy, while RPJP is a technocratic development strategy. The difference between the guidelines of state policy and the RPJP is very basic. If the state's point is ideological while the RPJP is technocratic. Urgency GBHN is a direction for national development while RPJP contains about the elaboration of national development direction which contains the priority of development work that is "technoratis and pragmatic". Then Prof. Niki Lukviarman said the GBHN are dynamic and holistic because they are discussed every five years by all MPR members representing all Indonesian people. This is different from the RPJP that is more likely to be static because it is in the form of law so that it has the potential to shackle the development planning in the next period of government. Elfindri highlighted some of the weaknesses of the national development planning system that took place since the reform era where development plans were formulated based on the vision and mission of the presidential candidate during the presidential election campaign so as

43

to focus more on medium-term development planning rather than long term. In addition, the vision and mission are limited to the campaign team and do not focus on how the country is built in the long term. As a result, development plans of reform-era presidents often can’t sustainable.39 To carry out the national development, the GBHN was created in 1993. The carefully planned development of the law should be directed to establish a modern national legal order with reference to the ideals of Pancasila law which are capable of providing an efficient and responsive legal framework and rules for the implementation present and future life. The Indonesian National Law Order must contain features:40 1. National and archipelagic insight; 2. Able to accommodate the legal awareness of regional ethnic groups and religious beliefs; 3. As far as possible is written and unified; 4. Be rational that includes rationality-efficiency, rationality-fairness (redelijkheid), rationality-principle and rationality-value; 5. Procedural rules that ensure transparency that enables rational review of government decision-making processes;

39

Advertorial, Seharusnya MPR Kembali Berwenang Menetapkan GBHN, accessed on March, 03, 2018, taken from http://www.tribunnews.com/mpr-ri/2016/06/21/seharusnya-mpr-kembaliberwenang-menetapkan-gbhn, 1.30 p.m. 40 Sunaryati Hartono, 1991, Politik Hukum Menuju Satu Sistem Hukum Nasional, Bandung, Citra Aditya Bakti, p. 3.

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6. Responsive to the development of community aspirations and expectations. While in the National Development Planning System contained in Article 2 paragraph (4) of Law No: 25 of 2004 on National Development Planning System aims to: 1. Support coordination among development actors; 2. Ensure the creation of integration, synchronization and synergy both between regions, between spaces, between government functions and between the Central and Regional Governments; 3. Ensure linkages and consistency between planning, budgeting, implementation and oversight; 4. Optimize community participation and; 5. Ensure the achievement of the use of resources efficiently, effectively, equitably and sustainably. There are similarities and differences of the purpose of national development planning before and after the political reform. The equation is responsive and optimizes community participation. While the fundamental differences in the GBHN is formal with a focus on the rule of law in the form of written, unified and procedural mechanisms in the decision-making process. In SPPN focuses on the coordination between development actors between the Central and Regional and ensures the achievement of efficient, effective, equitable and sustainable use of resources. In addition the differences of national development planning

45

purposes. The following comparison of national development planning before and after the amendment of the 1945 Constitution is as follows:

Table 1 Differences GBHN and RPJPN.41 No.

Differences of GBHN and RPJPN GBHN

1.

2.

RPJPN

Judging from Legal Basis The ideological basis of Pancasila and the constitutional basis of the 1945 Constitution.

The ideological basis of Pancasila and the constitutional basis of the 1945 Constitution.

Operational Platform: MPR Decree.

Operational platform: a. Decree of MPR RI Number VII/MPR/2001 on Future Vision of Indonesia; b. Law No: 25 of 2004 on National Development Planning System; c. Law No: 17 of 2007 on the National Long Term Development Plan 2005 2005-2025. d. Presidential Regulation No: 5 of 2010 on National Medium-Term Development Planning.

Viewed from the Development Strategy The development strategy is directed to the cleanup and improvement of basic economic conditions. The strategy is set with the objectives and emphasis of development in each Repelita

The implementation of the RPJPN 20052025 is divided into the stages of development planning in the periodization of the 5 year national medium term development plan as follows:

Law No. 17 of 2007 on National Long Term Development 2005 – 2025 & Law No. 25 of 2004 on National Development Planning System. 41

46

namely:

3.

1. Repelita I: Focusing on the agricultural sector by upgrading industries that process raw materials into raw materials to lay a solid foundation for the next stage;

1. RPJM-1 (2005-2009): It is directed to reorganize and build Indonesia in all areas aimed at creating a peaceful and peaceful, just and democratic Indonesia and the welfare of its people increasing;

2. Repelita II: Focuses on the agricultural sector by upgrading the industries that process raw materials into raw materials to lay the foundations for the next phase;

2. Second RPJPM (2010-2014): Aimed to further strengthen the restructuring of Indonesia in all fields by emphasizing efforts to improve the quality of human resources including the development of science and technology skills and strengthening economic competitiveness;

3. Repelita III: Focuses on the agricultural sector towards self-sufficiency of agriculture towards food self-sufficiency and improves industries that process new materials into finished goods to lay a solid foundation for the next stage:

3. The third RPJPM (2015-2019): Aimed at further strengthening overall development in various fields by emphasizing the achievement of competitive competitiveness of the economy based on the advantages of natural resources and quality human resources and the increasing ability of science and technology;

4. Repelita IV: focuses on the agricultural sector to continue efforts towards food selfsufficiency by upgrading industries that can produce their own industrial machinery both light industries that will continue to be developed in the next Repelita.

4. The fourth RPJM (2020-2024): Aims to create an independent, advanced, just and prosperous Indonesian society through accelerated development in various fields by emphasizing the establishment of a robust economic structure based on competitive advantage in various areas supported by qualified and competitive human resources .

In terms of Development Material a. Law: develops legal culture in all walks of life; b. Economy: Developing a populist economic system.

d. The 1st RPJM (2005-2009) focuses on: 1) Improved justice and law enforcement;

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c. Politics: a. Domestic Politics: Strengthening NKRI in kebhinekatunggalikaan; b. Foreign Policy: Affirming Indonesia's free and active foreign policy 1). State Implementation: Cleans state administration from corrupt, collusion, nepotism; 2). Communication, Information and mass media: Improving the utilization of the role of communication through modern mass media and traditional media; 3). Religion: Establish the function, role and position of religion as the moral, spiritual and ethical foundation in the administration of the state; 4). Education: To seek the expansion and inclusion of opportunities for high quality education for all Indonesians; 6). Social And Culture: Health and Social Welfare; Improving the quality of human and environmental resources that support each other Culture, Arts and Tourism by developing and fostering the national culture of Indonesia that originated from the nation's cultural heritage. 7). Status and Role of Women:

2) Decrease in unemployment and poverty; 3) Improve management of small islands; 4) Improve human resources; 5) Encouraging economic growth through the creation of a more conducive climate including improving infrastructure; 6) Increasing the role of the private sector by laying the foundations of policy and regulation and institutional reform and restructuring, especially for the transportation, energy and electricity sectors as well as post and telematics; 7) Implementation of institutional revitalization of growth centers that have strategic location such as special economic area (KEK) and mainstay area; 8) Improved mitigation plans: geology, forest destruction and environmental pollution. e. Second RPJM (2010 - 2014) with the program: Decrease in poverty and unemployment; 1) Improving health and nutritional status; 2) Preservation of environmental functions; 3) Increased economy through strengthening of manufacturing, agriculture and marine industries; 4) Increased energy. f. RPJM-3 (2015-2019) program:

with

the

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Improving the position and role of women in the life of the nation and state; 8). Youth and Sports: Growing a culture by the sport to improve the quality of Indonesian people; 9). Regional development: a. General: Develop regional autonomy widely, tangibly and responsibly. b. Special: Aceh Special Region, Irian Jaya and Maluku. 10).Natural Resources and the Environment: Managing natural resources and maintaining the carrying capacity to benefit the improvement of people's welfare from generation to generation. 11). Defense and Security: Reorganizing the Indonesian Armed Forces in a consistent new paradigm through repositioning, redefining and re-actualizing the role of the TNI.

1) Improvement of Science and Technology; 2) Competitive competitiveness; 3) Increasing the capacity of TNI and Polri as well as public participation in the field of law; 4) Equity. g. Human and Community Development Goals include: 1) Population 2) Education 3) Health h. Target Sector Development Targets include: 1) Food Sovereignty; 2) Energy sovereignty and electrification; 3) maritime; 4) Tourism i. Target Development of Equal Dimension includes: 1) Between income groups; 2) Between Rural Development Areas; 3) Border Area Development; 4) Development of Disadvantaged Areas; 5) Development of an Economic Growth Center outside Java;

Sources: Law No. 17 of 2007 on National Long Term Development 2005 – 2025 & Law No. 25 of 2004 on National Development Planning System.

Based on the above table there are some differences, first the formation of legal basis of GBHN and RPJPN, namely the formation of legal basis of national development planning is different as a logical consequence of amendment to the 1945 Constitution. According to Saldi Isra, changes to Article 1 paragraph (2) and Article 2 paragraph (1 ) Of

49

the 1945 Constitution will have implications on the role of the MPR as the highest institution of the state to be a combination of DPR and DPD. Then, the MPR's authority from determining the GBHN and electing the president and vice-president to change and enact the Constitution, inaugurating the president and vice president in his term according to the Constitution. Previous to the amendment, the MPRS Decree was deemed to be higher than the law as it was made by the highest state institution that established the law. In the following period of the amendment of the 1945 Constitution there was a change in the authority of the People's Consultative Assembly which had an impact on the change of status of the MPR Decree in the order of legislation. Before amandement of the 1945 Constitution, Development planning was previously contained in the GBHN and issued in the form of the MPR Decree which is stipulated within a period of five years. The GBHN determines the direction of development policies that the President will implement. The position of the MPR Decree is a state decision which is a statutory regulation in the field of state administration and has the power to bind internally and externally and into the MPR. There is a difference between MPR Decree and decisions. All decisions that apply to the members of the assembly itself, set out in the form of

50

Decision, while the decissions applied to external element of the assembly, set out in the form of Decree.42 The position of the MPR under the new provisions of the 1945 Constitution after the amendment has undergone a fundamental change, so that the MPR has no longer issued legal products as it is known so far. Therefore, the MPR does not stipulate regulating legal products except in the form of Constitution and Amendment to the Constitution. However, the authority of the MPR to issue non-regulatory legal products can be maintained. As the People's Consultative Assembly stipulates that the President and the Vice President have been officially appointed as President since their oath/pledge of office in the presence of MPR Session, in accordance with the provisions of Article 3 paragraph (2) of the 1945 Constitution.43 In the amendment of the 1945 Constitution, the abolition of GBHN was related to changes in the way the President and the Vice President elections which had been changed by the MPR through direct elections by the people. The President has the authority to determine the development plan because he is elected directly by the people. The President can no longer be impeached due to policy differences, differences of opinion between the MPR and the President. So that who can drop it later are matters relating to violation of law, violation of the 42

Jimly Asshiddiqie, 2010, Konstitusi dan Konstitusionalisme Indonesia, Jakarta, Sinar Grafika, p. 265. 43 Ibid, p. 211-212.

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constitution. Instead, national development planning refers to Law No. 25 of 2004 on National Development Planning System (SPPN). Nowadays, a document replacing GBHN is a document of the National Long-Term Development Plan (RPJPN) 2005-2025 stipulated by Law No.17 of 2007.44 Second, in terms of the national development strategy, the period of GBHN implementation during the New Order is divided into two stages: set the direction of national development policy over the next 25 years, and the second stage set the direction of development policy for 5 years period continuously. This is not much different from the national development planning system that is divided into the 5 year development planning policy (RPJPM) and the long-term development planning policy in the 20 year period (RPJP). The strategy of emphasizing development sectors to be achieved cannot be assessed because the situation of economic, social and cultural conditions at the time of the establishment of the national development policy direction is different in time. Third, in terms of development materials, RPJPN only contains the basic things and not much different from GBHN. More detailed provisions are contained in the national medium-term development plan (RPJMN). RPJPM is a description of the vision, mission and program of the President whose constituents are guided by RPJPN. As the elaboration of the President's vision, mission and program during the 44

Imam Subkhan, Op. Cit., p. 141.

52

presidential election, the RPJM as a national development plan for the 5 year period in practice and from various public opinion allows the discontinuity between one period with the previous President let alone the President's position is limited for 10 years. D. Rethinking the Guidelines of State Policy (GBHN) to Create a Good Government Planning It is common that every organization, whether on a small or large scale, it always needs a government planning. The same is certainly true of the state as an organization. When an organization (including a country) is not based on a mature, clear, measurable and planned planning pattern and concept, it is almost certain that the direction of the trip and its future is unclear. In the case of planning a country, especially Indonesia, the planning system that is built must be able to reach what the needs of the state and its citizens. Thus, the steps to reach the goal of the state on an ongoing basis can be realized. Although the demands of the needs of a country are not the same from time to time, it should be understood as a form of the next step that is the main goal to be achieved by a country.45 In order to realize what has been outlined in the opening of the 1945 Constitution of the Republic of Indonesia as the goal of the country, the Indonesian nation has done a mature planning concept through the formation of GBHN in the past. GBHN became the bow in order to lead Janpatar Simamora, “Urgensi Keberadaan Gbhn Dalam Sistem Ketatanegaraan Republik Indonesia”, Jurnal Litigasi, Vol. 17, No. 2, ISSN: 0853-7100, (November, 2016), p. 20-21. 45

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the way of travel and state for the next five years. The concepts contained in the GBHN are always updated every five years. The concept contained in the GBHN is then used as the basis for thinking and acting for the government in power in order to realize the general goals of the Indonesian nation as set out in the Preamble of the 1945 Constitution of Indonesia. In the discourse on the necessity of the state delivered by Ravik Rasidi, it is emphasized that the need for the GBHN becomes important for several reasons, namely:46 1.

The historical reason that the effort of preparing GBHN has been basically done since the beginning of independence as part of the economic planning model mandated by Article 33 of the 1945 Constitution.

2.

The legal reason, where the system is made to replace the state's role GBHN namely the national development planning system such as running ineffectively.

3.

The political reason, where the solution to all problems experienced by Indonesia can’t be searched from the outside. This nation can only move forward after this nation is able to recognize itself. With the direction of the state, the supervision of the road of development should also be stronger.

46

Ravik Karsidi, Inspirasi dan Gagasan Akademisi Peduli Bangsa Wacana Perlunya Haluan Negara, acessed on Monday, 12 March 2018, taken from https://uns.ac.id/id/unsberkarya/wacana-perlunya-haluan-negara.html, at 3.30 p.m.

54

4.

The social-economic reasons, where every development should be sustainable especially concerning infrastructure on a national scale. The absence of economic development purposes as mandated by the constitution is mainly due to the deviation of development from the spirit and soul of the constitution. After the removal of GBHN which is a consequence of the removal

of the MPR's authority in determining the GBHN, the concept of national development is legalized through the establishment of Law No. 25 of 2004 on National Development Planning System. It then mandates the existence of a state document on long-term planning for government journey in Indonesia.47 In order to fulfill the mandate of Law No. 25 of 2004, Law No. 17 of 2007 on the National Long Term Development Plan (RPJPN) was established. The RPJPN law itself was born on the steps taken by the government that submitted the draft of the Draft Law on RPJPN for the years 2005-2025 to the DPR to be discussed together. However, in practice, the existence of Law No. 17 of 2007, including Law No. 25 of 2004, are not been able to replace the existence of GBHN as a direction as well as a pointer for governing the wheels of government. In fact, the

Prayudi, “RJPN Tahun 2005-2025 Sebagai Landasan Pembanguan Politik Memperkuat Demokrasi”, Jurnal Konstitusi, Vol. 4, No. 3, ISSN: 2442-2274, (September, 2007), p. 24. 47

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abolition of GBHN is the foundation for the birth of Law No. 25 of 2004.48 The weaknesses of Law No. 25 of 2004, especially in article 2, paragraph 4 which has a very broad goal, namely to optimize public participation. In development practice, society is sometimes still positioned as object not subject. The thinking of the government still considers the community should only be guided, not given instructions and do not need to be involved in the planning, although it concerns the interests of the community itself. Development should place the community as subjects given the space to be involved in the planning, formulation and implementation of the program or development planning. Furthermore, the main weaknesses that have been found in the national and regional development planning system are the lack of integration both of cross-sectoral, inter-provincial and national, as well as between districts and cities. As a result, each development program is defined to be less mutually supportive of each other so that the expected synergies are less able to drive the national development process. It is evident that the development in Indonesia is not evenly distributed and also the number of some areas that still have low wages, lack of

Sumardi, “Keterkaitan Kebijakan Perencanaan Pembangunan dan Penganggaran Daerah”, Jurnal of Rural and Development, Vol. 1, No. 1, ISSN: 1978-9734, (February, 2010), p. 24. 48

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education, and the poverty rate is still high. it is because regional and national integration is not good. This is where the urgency of the existence of GBHN as the direction of the organization of the country in the future. GBHN at the time of its enactment that comes from the MPR and then mandated to the president to be a reference and guidelines to running the national development. The advantages of GBHN is to have a clear pattern of development planning in determining the goals in development theory as a foundation, as well as stages to achieve development goals.49 Also, if the GBHN is reinstated, the MPR has the authority to control whether GBHN has been properly implemented by state institutions, especially the president. Although the president is no longer responsible for the MPR, at least within the framework of GBHN, the president gives progress reports to the MPR.50 The importance of the existence of GBHN in the constitutional system of the Republic of Indonesia has made the Indonesian nation have to re-conduct in-depth assessment of the effort to restore the authority of the MPR in determining the GBHN. The facts have shown that since the abolition of the GBHN, the direction of government has become less

49

Prabowo, Formula Baru, GBHN dan SPPN Perlu Sinergi, accessed on April, 27, 2018, taken from https://news.okezone.com/read/2016/04/18/512/1365813/formula -baru-gbhn-dansppn-perlu-sinergi, at 4.20 p.m. 50 Suryanto, Kata pakar hukum jika MPR kembali tetapkan GBHN, accessed on April, 27, 2018, taken from https://www.antaranews.com/berita/568838/kata-pakar-hukum-jika-mpr-kembalitetapkan-gbhn, at 5.15 p.m.

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focused. In practice, since the abolition of the GBHN, the government from time to time only able to offer programs that is difficult to measure the success rate and seem to rely solely on the elected president's political program. As a consequence, every change of power holder occurs every time. There is a change of program according to the next president's political program. as an example is the change of president from the era of SBY and Jokowi era. In building infrastructure in the Susilo Bambang Yudhoyono (SBY) era by making the Masterplan of Acceleration and Expansion of Indonesia Economic Development (MP3EI) program, and in the era of Jokowi it doesn’t continue.51 In the period of the New Order government, a series of priority programs set forth in the GBHN has been manifested in the life of the nation and state. See for example the concept of the development Trilogy, began from dynamic national stability, high economic growth, and equity of development. Indonesian people have also experienced food self-sufficiency during the reign of the new order. In such a situation, the presence of GBHN becomes one of the important steps as guidelines the national development towards the ideals of reform, especially the ideals of the Indonesian nation as stated in the Preamble of the 1945 Constitution of Indonesia.

51

Septian Deni, Program Infrastruktur Jokowi dan SBY, accessed on May, 13, 2018, taken from https://www.liputan6.com/bisnis/read/2851372/program-infrastruktur-jokowi-vs-sby-mana-yanglebih-realistis, at 7.45 p.m.

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CHAPTER FIVE CONCLUSION AND RECOMMENDATION A. Conclusion Based on the previous discussion in chapter four, it may conclude that the importance of the existence of the GBHN in creating a good government planning is because the GBHN as the guideline of a state my direct the national development in accordance with Pancasila and the 1945 Constitution. After the 4th amendment of the 1945 Constitution, the national development is no longer guided by the GBHN. It is guided by Law No. 25 of 2004 regarding National Development Planning System (SPPN). Therefore, this model of guidelines depends on the elected president and therefore it is changeable in line with the interest of the president. To some extent, it may disturb the sustainability of national development. B. Suggestion To overcome the problem of discontinuation of national guidelines it is important to repose back the GBHN as the guideline of state. Accordingly, the amendment of the 1945 Constitution is necessary needed.

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BIBLIOGRAPHY Books and Journals Abdi Yuhana, 2013,”Sistem Ketatanegaraan Indonesia”, Bandung, Fokus Media. Anne Both, 2001, Pembangunan: Keberhasilan dan Kekurangan, Jakarta, Gramedia pusaka. Armen Yasir, ”Perbandingan Perencanaan Pembangunan Nasional Sebelum Dan Sesudah Amandemen Undang-Undang Dasar 1945”, Fiat Justisia, Vol.9, No. 1, ISSN: 1978-5186, (March, 2015) Bahaudin, “Menghidupkan Kembali GBHN: Komparasi GBHN dan RPJPN Sebagai Kebijakan Politik Hukum Nasional dalam Bidang Pembangunan”, Jurnal Keamanan Nasional, Vol. III, No. 1, (May, 2017). Denny Indrayana, 1997, Tantangan Pembangunan di Indonesia, Yogyakarta, UII press. Imam Subkhan, “GBHN dan Perubahan Perencanaan Pembangunan di Indonesia”, Jurnal Aspirasi, Vol. 5, No. 2, ISSN: 196-223, (December, 2014). Jimly Asshiddiqie, 2010, Konstitusi dan Konstitusionalisme Indonesia, Jakarta, Sinar Grafika. Janpatar Simamora, “Urgensi Keberadaan Gbhn Dalam Sistem Ketatanegaraan Republik Indonesia”, Jurnal Litigasi, Vol. 17, No. 2, ISSN: 0853-7100, (November, 2016). Lilis Rasjidi, 2003, Hukum Sebagai Suatu Sistem, Bandung, CV. Mandar Maju. Mahfud MD, 2001, Politik Hukum di Indonesia Persada.

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