NAWACITA AND THE LAW ENFORCEMENT OF CIVIL STATE APPARATUS IN CONSTITUTIONAL LAW PERSPECTIVES IN INDONESIA

“Nawacita” and Constitutional Law needs to be a legal approach to make improvements to the legal system, in order to encourage enforcement of the law with justice, then at least have to involve three pillars consisting of: (1) the substantive law (legal substance), which include legislative reform; (2) legal structure (law structure), including human resources law-enforcement officers (human resource), entered in it anyway coordination among law enforcement officers; and (3) the legal culture (legal culture), both culture and public law enforcement officers or citizens in general. Then, constitutional law and can be answered correctly, can be practiced within their Constitutional Act and may be unenforceable government in running the government. The key factor to keep in mind is eliminating ego-sectoral government agencies. Do not stop until the Act, a similar effort was also made to the laws which are in the executive area, such as government regulations, a presidential decree and ministerial regulation


Introduction
The beginning of reformation, there has been done a lot of mapping and analysis to save the "law" as one of the main pillars of this country.However, in practice, until now it has not shown a comprehensive and holistic improvement.This is happened since in encouraging legal reform, the involved parties are more likely to use a tactical approach to reform.Reformation is only done by fixing or patching defects, without making a thorough investigation and formulation, and forms a major update design, the improvements are often adhoc or patchy. 2 We go in to the fundamental question; What is "Nawa" "Cita"?or "Nawacita" what is the definition?Typically, it is a general term that is absorbed from Sanskrit, nawa (nine) and cita (hope, agenda, desire).
In the context of Indonesian politics in the run up to the 2014 Presidential Election, this term refers to the vision and mission used by presidential candidates and vice-presidential candidates Joko Widodo and Jusuf Kalla containing the couples' government agenda. 3n the vision-mission was presented nine main agenda to continue the spirit of struggle and ideals Sukarno known as Trisakti, namely sovereign politically, independently in the economy, and personality in culture.
If we look at and refer to the source of the General Election Commission, there are nine basic items in the government of Joko Widodo-Jusuf Kalla, as follows; 1. Bringing the country back to protect the entire nation and provide security to all citizens, through active free foreign policy, reliable national security and the integrated defense of Tri Matra state based on national interests and strengthening identity as a maritime country. 1 Lecturer at Faculty of Law, UNISSULA.Chief of APPSIHI.
2. Making governments not absent by building clean, effective, democratic, and reliable governance by giving priority to restoring public confidence in democratic institutions by continuing to consolidate democracy through party system reform, elections and representative institutions.3. Building Indonesia from the periphery by strengthening the regions and villages within the framework of the unitary state.4. Refusing weak countries by reforming system and law enforcement which is free of corruption, dignity, and trust.5. Improving the quality of human life of Indonesia through improving the quality of education and training with the program "Indonesia Smart"; as well as improving people's welfare with the "Indonesia Kerja" and "Sejahtera" programs by encouraging land reform and a 9-hectare land tenure program, the Kampung Seret home program or subsidized low-cost housing and social security for the people in 2019.6. Increasing people's productivity and competitiveness in international markets so that the nation of Indonesia can advance and rise with other Asian nations.7. Realizing economic independence by mobilizing domestic strategic sectors of the economy.8. Revolutionizing the nation's character through the policy of reorganizing the national education curriculum by promoting the aspect of civic education, which puts proportional aspects of education, such as teaching the history of nation-building, patriotic values and love of the country, the spirit of state defenses and character in the curriculum education of Indonesia.9. Strengthening diversity and strengthening Indonesia's social restoration through policies to strengthen diversity education and create inter-c o mmunity dialogue spaces.What is the implementation of Nawacita in the Jokowi-JK government in the past one or two years?Within a year of Jokowi-JK's administration there is also criticism and dissatisfaction with the Jokowi-JK government.In responding this, we are reflecting on what the government has done instead of criticizing the current conditions, we assess how the government's performance in one year.
At the beginning of his presidency, President Jokowi-JK always upheld the nawacita.It begins with a breakthrough in choosing ministers involving the KPK (Corruption Eradication Commission) in selecting ministers, point of view to realize the quality of life of the people translated in Jokowi-JK government by realizing the Kartu Sakti (Powerful Card) program namely Kartu Indonesia Sehat (Indonesia Health Card), Kartu Indonesia Smart, and Kartu Keluarga Sejahtera (Prosperous Family Card).In the field of law enforcement and human rights, president Joko Widodo-Jusuf Kalla has also taken decisive action in the form of execution of death against a number of drug dealers.The government of Joko Widodo-Jusuf Kalla also "ferocious" drowns foreign ships that steal fish.Public satisfaction of Jokowi-JK government in the field of education and health reaches 60% (Poltracking Indonesia Research).
This means that the public welcomes Jokowi-JK performance in that field.The level of community satisfaction on Jokowi's performance reached 46.0%, the level of community satisfaction over the performance of vice president Jusuf Kalla 42.1%, the level of public satisfaction of the minister's performance 36.3% (Indo Barometer / IB; September 2015). 4rom the data above, there is something interesting and striking whether it is real or not?However, from the other side there is satisfaction of social index of society which reaches 40% more in performance of Jokowi-JK government.Now let's see if it represents the nation's law matters and good constitutional law?
From the side the government claims that the performance and data say the real condition.In the field of law, the achievements over a period of 2 years is firstly, Deregulation of Regional Regulations by revoking 3,143 local regulations; 4 Let's look at the full source on http://www.kompasiana.com/rickoricardo/keberhasilan-nawacita-jokowi-jksatu-tahun-pemerintahan_562cb5dbd27a6141076e 3fb1 , accessed on 14 January 2017 at 11.15 wib.Meanwhile, Professor of Constitutional Law from Andalas University, Saldi Isra, stated that for this two years Jokowi-JK government has not focused in the field of law.In the first year, the government was busy doing a political consolidation such as government relations with the House of Representatives on a political map of supporters and not a supporter of government.The second year, the government focused on the economic field marked the publication of the package of economic policy. 6he legal issues targeted in the last two years are merely tangent to economic activity and investment."The government is cutting regulations that hamper the economy and inward investment that is worked out by law."UGM's Constitutional Law expert Zainal Arifin Mochtar looks at the way President Jokowi elects the cabinet to show the government surrender to the interests of political parties (political parties).It is a goal of political consolidation, so that the legal field has not become the main focus of the government 7 .In terms of scientific study there is an interesting example: the results of a survey conducted by the Indonesian Legal Roundtable (ILR) in 2015 showed Indonesia Legal Country Index 2015 increased to 5.32 from the previous year 5.18.The last few years ILR launched Indonesia Legal Country Index with various indicators. 8re the legal advantage and disadvantage in the series of Nawacita and Constitutional Law already achieving the targets that have been intended by the government?Can our legal capacity in government now remain unchanged from the system of legal authoritarianism?Indeed, a sporadic settlement in legal remedies cannot cure all legal issues in the Jokowi-JK period today.It needs a thorough touch in its improvement, namely the improvement of the legal system itself.It uses the legal system approach proposed by Lawrence Friedmen (1998).In order to improve the legal system and to encourage fair law enforcement, it must at least involve three pillars consisting of: (1) legal substance, legislation reform; (2) the legal structure, including human resources-the human resource apparatus, includes the coordination among law enforcement officials; and (3) legal culture (legal culture), whether the culture of law enforcers or the public or citizens in general. 97 Ibid.

8
The survey is based on the five principles used in the survey: Legal Governance, Formal Legality, Independent Judiciary, Access to Justice and Human Rights.The study used expert survey methods and document collection in 20 provinces in Indonesia.Of the 5 principles surveyed, the human rights field got the lowest score of 3.82.There are 6 indicators used to assess the Indonesian Legal Status Index 2015 for the human rights field, namely the right to life, the right to be free from torture, the right not to be enslaved, the right not to be imprisoned under contractual obligations, the right not to be punished for non-the right to freedom of thought, religion and belief.The government needs to revise its policy not only to focus economic affairs, but also to make human rights as mainstream.The Indonesia Legal Status Index Survey 2015 shows the various indicators that exist in the human rights principle of its value plummeted.Of the 6 indicators in the human rights principle, there are 3 lowest values of guarantee for the right to be free from torture (2.99), guarantee of the right to life (3.51) and the guarantee of the right not to be imprisoned on the basis of contractual obligations (3.75) .Ibid.Lawrence M. Friedman, American Law: An Introduction, (New York: W.W. Norton, 1998).

NAWACITA AND THE LAW ENFORCEMENT OF CIVIL STATE APPARATUS IN CONSTITUTIONAL LAW PERSPECTIVES IN INDONESIA Jawade Hafidz
Responding to the challenge of the above problems, the Jokowi-JK government then in one of its seven government missions affirmed the desire to "Create a developed, equitable and democratic society based on the rule of law".The mission will be embodied with a strategic agenda to reform the law enforcement system that is free of corruption, dignity and trust, and respect for human rights, and the just settlement of cases of past human rights violations (fourth agenda of Nawacita).The priority agenda is further downgraded to 42 main priorities that are part of the effort to achieve political independence.These 42 priorities include reform of law enforcement systems, protection of marginalized groups, and respect, protection and enforcement of human rights.However, in the preparation of this document, we will only focus on the 17 priorities within the Joy, which are part of the legal development agenda and the apparatus, as defined in Chapter 7 of Book II of the RPJMN 2015-2019. 10here are several steps that must be carried out by the government, especially Kemenkuham As mandated by Law Number 25 Year 2004 on the National Development Planning System, RKP contains development priorities, macroeconomic framework design, ministry / institutional programs, cross-ministries, territories in the form of a regulatory framework and indicative funding framework. 14Where is the legal liaison with the government's performance wrapped in the granary of the nawacita?
As a common reflection, when traced back to the early days of reigning, Jokowi-JK did not succeed in gaining momentum to begin the law enforcement agenda.Besides, facing the problem of political maneuvering a number of political forces in the DPR, Jokowi did not succeed in getting a figure believed to be fully capable of mobilizing the legal reform agenda contained in Nawacita.The most concrete example, Jokowi must bear the political burden is not simple when there is chaotic charging the position of the chief of the police that puts Irjen Budi Gunawan in the vortex of the pros and cons.In fact, commonly understood, the position of the Chief of Police became one of the President's key figures in law enforcement. 15hus, others interpret the stagnation of such a law; that in the Jokowi-JK government has been no concrete legal reforms especially in the prosecutor's office.In fact, the idea of legal reform and law enforcement is unlikely to run fast without significant changes in the internal prosecutor's office.Is there a significant change Tracking the threads in Nawacita, the legal agenda is elaborated into 11 commitments, including clear, open, and legislative political legislation in the fight against corruption, human rights enforcement, environmental protection and law enforcement reform.Specifically, the eradication of corruption will be carried out consistently by strengthening the Corruption Eradication Commission.Jokowi-Kalla also promised to eradicate the judicial mafia that has long been a chronic disease of law enforcement. 17 During two years of reigning, Jokowi-JK's commitment to reform legislation has not been so visible.The formation of the law still runs normally as before Jokowi-Kalla ruled.If it is now questioned, can the government prove that a law born with politics legislation is different from the previous era?It is certainly not easy to give a satisfactory answer.Let's not change the paradigm of legislation; the achievement of the Act has always been far below the national legislation program. 18he legal shrinkage is the main thread in Nawacita as we see in the data ever submitted by the ILR.It is the same if we describe the legal issues that twist the ambiguity of legal validity itself about many local law products that 16 Ibid 17 Saldi Isra, Mempercepat Agenda Hukum, Kompas 21 Oktober 2016.

18
Ibid conflict with higher regulations, the sample is; government efforts to cancel 3,000 of local legal products received special appreciation among some circles.However, such a move has not been made in the comprehensive design of a comprehensive solution of legal products, especially between the central and regional governments.Regional complaints cannot be synchronous regional law products as long as the legal products produced by the central government are out of sync.Conditions are increasingly complicated because the sectoral laws also add to the shackles for the regions. 19he important note is to provide an accurate solution to the implementation of the law as follows; to inventory the applicable law for the discovery of conflicting substances.Then, when it comes to the draft law, there is no overlap with the applicable law.A key factor to note, eliminating the egosectoral between government agencies.Do not stop until the law, the same efforts are also made on legal products that are in the executive region, such as government regulations, presidential regulations, and ministerial regulations.Then, similar steps are also made to the legal products in the region. 20, what is the law in "state-of-law" which capable of being embodied Jokowi-JK?While the current condition of political developments sufficiently heated up and experienced the reshuffles of his new cabinet.Indeed, it has an effect in the stabilization and maturation of the law because the law itself is always present as a product of politics; which are represented by the stakeholders through the People's Leadership Council.Are the indicators of success in the field of law above merely the imagery and the embedding of the report or how true in a legal perspective?

Law of the State Civil Apparatus; Does it work?
There is an interesting statement submitted by Menkopolhukam (Minister of Coordinating Ministry for Political, Legal and Security Affairs), Wiranto that the goal to be achieved from the 19 Ibid.20 Ibid.Volume IV No. 2 Mei -Agustus 2017

NAWACITA AND THE LAW ENFORCEMENT OF CIVIL STATE APPARATUS IN CONSTITUTIONAL LAW PERSPECTIVES IN INDONESIA Jawade Hafidz
Whereas if we look at his opinion Hans Dieter Evers saw that bureaucratic process in Indonesia develops Parkinson and Orwel.Bureaucratic according to Parkinson's is pattern where grow the number of personnel and spread uncontrolled structural position.On the other hand, Orwel stated that bureaucracy is a bureaucratization pattern as a process of expanding the power of the Government with the intent of controlling economic, political and social activities with regulation. 23he next question arises as to whether the bureaucracy in Indonesia is not expanding becomes more efficient, but it is just opposite of the efficiency, the convoluted and the many formal rules that are not adhered to.The bureaucracy in Indonesia is also marked by the growth of employees and organizational structure and makes the bureaucracy bigger and bigger.The bureaucracy is increasingly controlling and controlling people in the political, economic and social fields.
Then, there is an empirical labeling that the Indonesian cyber capacity as it turns out is not until the site, but through the cultural approach of the Indonesian bureaucracy belongs to the patrimonial bureaucracy.The characteristics of the patrimonial bureaucracy are (1) officials are screened on the intellectual intelligence; (2) position is viewed as a source of wealth and profit; (3) officials control both political functions and administrative functions, and (4) any action directed by personal and political relations. 24ow, we re-examine the law, that in the Law of the Republic of Indonesia Number 5 Year 2014 About the State Civil Apparatus said; "That in the framework of the implementation of the nation's ideals and the realization of the objectives of the state as stated in the preamble of the 1945 Constitution of the State of the Republic of Indonesia, it is necessary to build civil apparatus of state with integrity, professional, neutral and free from political intervention, clean from corrupt practices, collusion and nepotism, and capable of providing public services for the community and able to perform the role as an adhesive element of unity and national unity Then it is clarified with the sentence; "That the implementation of civil state apparatus management has not been based on the comparison between the competencies and qualifications required by the position with the competencies and qualifications of the candidates in the recruitment, appointment, placement and promotion of the position in line with good governance"; Meaning; professions for Civil Servants and government employees with employment agreements working in government agencies consisting of Civil Servants and government employees with employment agreements appointed by civil service officers and assigned tasks in a government position or assigned to other state duties and paid under statutory regulations -invitation.
In this case, legal ownership is directed to legal practice regulated by the Ministry of Administrative Reform and Bureaucratic Reform which has the duty of conducting affairs in the field of utilizing state apparatus and bureaucratic reform in government to assist the President in organizing the State government. 25In carrying out its duties, the Ministry of Administrative Reform and Bureaucratic Reform carried out functions: 1. 4. Supervision over the execution of duties within the ministry enabling the state apparatus and bureaucracy reform.
Based on the rules are already matched, but in practice that often occurs in law enforcement based on the state apparatus we always miss the momentum of weaknesses that often become a common problem, among others; (1).Corruption and abuse of authority, (2) Legislation overlap, (3) Overlapping authority, (4) Un-proportionate organization, (5) Quality and quantity of human resources Apparatus not yet ideal, (6) Unfavorable performance accountability, (7) The quality of public services is still low.
The problems that often arise in the enforcement of the Civil State Apparatus Law as follows; Inevitably, likes or not, the law is the main pillar, then it is appropriate if the policy direction must be bundled with bureaucratic reform in accordance with RPJM 2015-2019.What then underlies legally so it needs to be answered with strong resolutions and can be done properly and correctly.First there should be an area that is completely revamped and overhauled.Secondly there must be a target of accountability, transparency and unlawful.
Areas to work are; mental apparatus, state institutions, governance, human resources apparatus, Accountability, Supervision, Legislation, and improvement of public services.The strong target is for the realization of a clean, accountable, effective-efficient, and top-quality bureaucracy in public service.There is a crucial point in terms of legislation that is the application of merit system.The State Civil Apparatus Act 27 (ASN) number 5 of 2014 signed on 15 January 2014.It has changed the paradigm that has been attached to civil servants.Previous civil servants consist of central, regional and PTT, in addition there are Indonesian Army civil servants and Police.With the enactment of this ASN there are only 2 types of employees as elements of the state apparatus, the Civil Servants of the Republic of Indonesia (PNS) and Government Employees with Work Agreement (PPPK).There is also a change in the retirement age of civil servants from 55 years to 58 years.
Productive age does not become one of the legal benchmark in carrying out government performance and able to be the latest breakthrough.However, that alone is not enough when the age becomes the measure of a performance success in the legal context.It must balance with the decomposition of other problems and is based on the government performance road map from 2015 to 2019.

Conclusion
Nawacita in the context of its legal regulation is not the most perfect product.It is a work of ordinary man who could have been exploited for the benefit of politics and other agendas.Regardless of that, the Civil State's Apparatus law means the extent to which the success of bureaucracy reform is successful, and the continuity between the implemented law and the law being merely a "signboard".
Structuring the law in the context of staffing becomes increasingly comparable from the competence that should be owned by the government apparatus that runs the duty to serve the people. 28This is not in line with the position and role of Civil Servants as an element of the State Apparatus who served as a public servant who must carry out the functions of 27 The Merit System is a policy and HR management Apparatus based on qualifications, competence and performance fairly and fairly, without distinction of political background, race, color, religion, origin, sex, marital status, age, or disability.The enactment of Law Number 22 Year 1999 regarding Regional Government is the result of reform demands against Law Number 5 Year 1974 on the Principles of Government in the Region and Law Number 5 Year 1999 on Village Government, bringing the consequences of changes in the political, economic and social which is so fast, including employment issues. 29ureaucracy reform in the field of personnel is marked by the enactment of Law No. 43 of 1999 on the Amendment of the Civil Service Act which is a change and refinement of Law Number 8 Year 1974.Then followed by various implementation regulations, whether in the form of Government Regulation ( PP) and the Presidential Decree (Keppres), to ensure the implementation of Law Number 43 Year 1999 is well and directed. 30eferring to the Law of the Republic of Indonesia Number 5 Year 2014 on State Civil Apparatus; that how the agenda of change of Civil State Apparatus law related to bureaucracy reform is not silent because some of accountancy and staff corruption problem and so on.It always runs the legal preparedness in facing the increasingly tapered legal challenges.Arranging a law-based bureaucracy, arrange the state power pillared on the performance aspect of the Civil State Apparatus is not easy but it is also impossible, we cannot fix together.If nawacita is a tool of pruning lies and ignorance of the law in the implementation Jokowi-JK government journey then legitimate and may be perpetuated.But it must first be proved by the people that the law and the jaws are really synergies and produce results according to the RPJM 2015-2019. The 23 Ibid.24 Ibid.based on Pancasila and the 1945 Constitution of the State of the Republic of Indonesia.

28
Sri Martini, SH.MH, Hj.Setiajeng Kadarsih, SH.MH dan Tedi Sudrajat, SH, Hukum Kepegawaian di Indonesia, Sinar Grafika, Jakarta, 2008, p. 1 government well through the implementation of services fairly and equitably to the community based on loyalty and obedience to Pancasila and the 1945 Constitution of the State.
Let us compare the stagnant and ongoing legal position, is it equivalent to the 2016 Government Work Plan (RKP) as the second year of the National Medium Term Development Plan (RPJMN) 2015-2019.It is the continuity of planned and systematic and implemented development efforts done by each and all components of the nation by utilizing various resources that are available optimally, efficiently, effectively and accountably with the ultimate goal to improve the quality of human life and society sustainably.13 11 Nawacita and RPJMN as a Unity Development Plan: The field of Human Rights Law, prepared by the Institute for Policy Research and Advocacy (Institute for Policy Research and Advocacy) pada 11 Maret 2015.12 Zainal Abidin, Catatan Elsam Terkait RPJMN 2015-2019 Di Bidang Hukum Dan HAM, 11 Nopember 2015, dalam http://elsam.or.id/2015/03/catatan-elsam-terkait-rpjmn-2015-2019-di-bidang-hukum-dan-ham/ accessed on 14 Januaryi 2017 at 12.15 wib View the "Unruly" Legal Agenda

Table :
As a reflection of Nawacita comparative table data and human rights law.12 14 Attachment of Presidential Regulation Number 60 Year 2105 Concerning Government Work Plan 2016, Theme: Accelerating Infrastructure Development To Strengthen the Foundation of Quality Development, p. 1-1.