Formatting State Direction in the Context of Indonesia Presidential
System
Dwiyanto Indiahono
1
, Abdul Aziz Nasihuddin
2
and Kartono
2
1
Faculty of Social and Political Science - Jenderal Soedirman University, Purwokerto, Indonesia
2
Faculty of Law - Jenderal Soedirman University, Purwokerto, Indonesia
Keywords: state direction, president, presidential, representative council.
Abstract: The State's direction as a guide to the development of the nation becomes a terminology that seems to be
abandoned, and is sufficiently replaced by the Long Term Development Plan (RPJP) - and Medium
(RPJMN). Empirically, the RPJP is considered to be very executive, conceptually in development so far has
denied the existence of the People's Consultative Assembly as a symbol of people's representation. This
article will answer the question: What is the ideal format of the state's direction in the context of the
Indonesian presidential system? Research with qualitative methods has been conducted, and has conducted
a series of interviews with constitutional law experts and focus group discussions. The results of this study
indicate that the format that has the highest assessment is the format of state direction included in the
Constitution, and that the country's direction will be embodied in the RPJMN by the president. This format
is the most ideal because it is believed to be able to reflect the voice of the people in forming the direction
of the state, contributing to strengthening the presidential system, and having a distinctive character.
1 INTRODUCTION
The purpose of the Republic of Indonesia as stated
in the Preamble of the 1945 Constitution of the
Republic of Indonesia (UUDNRI 1945) is to protect
the entire Indonesian nation and all of Indonesia's
bloodshed and to advance the general welfare,
educate the life of the nation, and participate in
carrying out world order based on independence
eternal peace and social justice. These four goals are
the spirit of the Indonesian people in stepping up,
building and continuously improving the life of the
nation. Every dynamics of the life of the Indonesian
people must be able to reflect the efforts to embody
these four goals.
The four objectives of the establishment of the
Republic of Indonesia are still general and therefore
must be translated in more detail by the government.
Therefore Article 3 of the 1945 Constitution prior to
the amendment states that "the People's Consultative
Assembly establishes the Basic Law and outlines
rather than the state direction". The state direction is
a guide for citizens to know the direction of the
derivation of the purpose of the establishment of the
state, so that the people know the goals and long-
term direction that the government wants to do. The
government, with its state direction documents, can
convey its technocratic ideal which is complemented
by input from the people which in this case is carried
out by its representatives in the by the People's
Consultative Assembly (MPR, reffered to Majelis
Permusyawaratan Rakyat).
Nowadays, the dynamics of nationality shows
the importance of the state's direction for two main
reasons: first, the direction of the state should be a
document determining the direction and long-term
objectives compiled by all elements of the nation.
Therefore the document of the country's direction
must be an arena for discussion between the
Executive and Legislature; secondly, after the fourth
amendment to the 1945 Constitution, the Indonesian
people wanted the embodiment of a pure presidential
system, which separated the president and
parliament separately. This concept provides strong
legitimacy to the president along with his staff to
design long-term and medium-term development
documents autonomously. Autonomy here means
that parliament does not have the authority to
intervene in the document. The development
planning document, an important document as a
substitute for the state direction, should be a joint
product between the executive and the legislature.
Indiahono, D., Nasihuddin, A. and Kartono, .
Formatting State Direction in the Context of Indonesia Presidential System.
DOI: 10.5220/0009920709490955
In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 949-955
ISBN: 978-989-758-458-9
Copyright
c
2020 by SCITEPRESS Science and Technology Publications, Lda. All rights reserved
949
The unification of the executive and legislature in
the formulation of state directions (in any form) is a
symbol that the direction and objectives of the
nation's development are the will of the people and
are prepared professionally by the government and
its ranks.
Therefore, it is important to ask the question:
how is the format of an ideal state direction in the
context of the Indonesian presidential system?.
2 METHOD
The research looked for the format of the state
direction in the context of the Indonesian
presidential system carried out using qualitative
methods. This method is believed to be able to
provide more precise data related to research
problems. Data collection techniques were carried
out by in-depth interviews, focussed group
discussions (FGD), and documentation. In-depth
interviews are conducted with experts who
understand the concepts of constitutional law, public
policy, philosophy and public economics. The FGD
has also been conducted twice and has provided
many perspectives related to empirical and
conceptual experiences about Pancasila and State
Policy. Documentation techniques have contributed
data related to the implementation of the country's
direction in Indonesia. Data analysis was carried out
rigorously and thoroughly using interactive data
analysis techniques (Miles and Huberman 1992).
3 RESULTS AND DISCUSSION
3.1 The State's Direction is More Than
Development Planning
After 2004, the role of State Policy Outlines
(GBHN, reffered to Garis-garis Besar Haluan
Negara) was replaced by Law No. 25 year 2004
concerning the National Development Planning
System and Law No. 17 year 2007 concerning the
2005-2025 National Long-Term Development Plan.
The GBHN seems to have been adequately replaced
by a national planning system in the form of a Long
Term Development Plan (RPJP, reffered to Rencana
Pembangunan Jangka Panjang) and Medium Term
Development Plan (RPJM, reffered to Rencana
Pembangunan Jangka Menengah). This RPJP is an
executive product and juridically legal. This study is
important because state institutions and policies
greatly influence the level of citizen trust and
satisfaction with the government (Bouckaert and
Walle 2003; Kampen et al 2006; Aydin and Cenker
2011; Salim et al 2017; Chen 2017). Policy
uncertainty also poses a threat to the economy,
especially in the investment climate (Wahyuni and
Kee Ng 2012).
There are three main reasons that the direction of
the country is important to be upheld: first, to ensure
that development reflects a comprehensive and
sustainable development; Second is a development
plan that is able to cover all of the nation's children,
which reflects diversity, and cultural background;
and Third, the direction of the state as a bond
between the nation's children; develop national
commitment. Learning from Malaysia, the
Malaysian Government is very strong in its efforts to
tackle inter-ethnic inequality, conflicts and tensions,
as well as the challenges of global trade and
economic relations that are realized through
comprehensive and sustainable development
planning (Akhir and Kim 2015). It is very important
to consider the local context in which reform
initiatives are adopted, interpreted, accepted,
legitimized, and concretized for implementation
(Kim and Han 2015). In the local context in America
almost all state governments have adopted
legislative or administrative mandates to manage
results. This mandate requires agencies (executives)
to be involved in strategic planning and performance
measurement, with the hope that performance
information will be used to change decision-making
behavior and improve performance (Moynihan
2005). The direction of development reflects the
coalition between the executive and the legislature.
3.2 Learning from Turkey
Turkey, which now has a population of around 80
million, has experienced an economic crisis as
experienced by countries in Asia in 1999, with an
average economic growth of only 3.7% per year.
The economy has slumped so that the country in the
Asia and Europe region has proposed assistance to
the international monetary institution (IMF) to
restore the economy, ensure the health and welfare
of its people.
Recep Tayyip Erdogan's election as Prime
Minister of Turkey in 2002 did not go smoothly
because Erdogan came from an Islamist camp,
replacing the secular faction that had been in power
for almost 90 years. Erdogan launched Turkey
Vision 2023, which in 2023 was Turkey's 100th
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950
birthday. His declaration when the Turks were still
in turmoil, both in politics and economics. The
development of the elected government is able to lift
the downturn of the crisis so as to increase public
confidence. The government reformed the banking
and financial sectors so that the ratio of public debt
per gross domestic product (GDP) fell from 75
percent (2001) to 40.8 percent in 2011. Economic
efficiency has increased along with the acceleration
of the privatization process, fiscal consolidation and
inflation control.
This success cannot be separated from the
cooperation and mutual understanding between the
executive and the legislature. Both institutions
minimize differences so that the legislature fully
supports the long, medium and short-term policies of
the elected government. The formulation and
ratification of the law takes place smoothly and in its
implementation through a mechanism that has been
arranged together with the government work
program, Turkish Prime Minister Recep Tayyip
Erdogan can run and achieve the optimal target.
Turkey Vision 2023 received full support from
the legislature because this was an achievement
target that returned Turkish fame to coincide with its
100th anniversary. The target of achieving Vision
2023 is to become one of 10 countries of world
economic power, GDP of circa $ 2 trillion, export
value of circa $ 500 billion, inflation and interest
rates of only one digit, and per capita income of US
$ 25,076. Turkey Vision 2023 is a national direction
from Turkey's national development, similar to
Indonesia's RPJP. Until now, this vision still
survives because the people and the legislature are
still trusted as partners of the government (Saepudin,
2017; Sandikci et all, 2016).
3.3 Learning from Malaysia
Malaysia since 1971 has carried out an integrated
development movement until now. The development
strategy is carried out in stages, in 2016-2020 is the
eleventh development plan. Development in the
medium term is carried out as part of a long process
of previous Malaysian development. While MyNDS
is a development program launched in 2015 to
obtain a high level of economic growth with low
costs. This development is based on people's
economy and capital-based.
In the period 1971-1990 Malaysia laid the
foundation of its development on poverty alleviation
without discrimination. In 1991-2000 put pressure
on a balanced development program between the
main economic sectors and the region, and reduced
the socioeconomic gap between citizens. The
development of 2001-2010 was carried out to
improve the country's competitiveness. In 2011-
2020 the development of Malaysia was emphasized
on efforts to encourage high-income economies and
reach an established level of citizens. Malaysia's
long-term development journey above is not in vain.
The picture above shows the remarkable
achievements of Malaysian development. The
poverty rate in 1970 was recorded at 49.3% in 2014
with only 0.6% remaining. Malaysia's life
expectancy is currently very good at 75 years. If in
1970 the average household income was only RM
264 so in 2014 this figure moved 20 times larger to
reach RM 6,141 (around 18 million rupiah). Even
though revenues rose, what was even more amazing
was that this figure was accompanied by a decrease
in the income gap as indicated by the Gini index in
1970 at 0, 513 in 2014 to 0, 401. Malaysian citizens
who could enjoy their own homes were 76, 1
percent. The population that has enjoyed clean water
is 95, 1 percent, and 97, 6 percent of the residents
have enjoyed electricity. These figures show
Malaysia is successful in its development.
Development that is planned, gradual and
sustainable is the key to Malaysia's success in
development (O’Donnell et all 2017; Dadzie 2013).
Affirmation of the people's sovereignty which
was originally carried out by the People's
Consultative Assembly (MPR, reffered to Majelis
Permusyawaratan Rakyat) through the distribution
of power by various state institutions placed the
MPR no longer as the highest state institution but
parallel with other state institutions. The existing
constitutional politics places the position of the
GBHN as the basis of the politics of development
policy as stipulated in Article 3 of the 1945
Constitution to end. Politics and the direction of
national development subsequently changed through
the 20-year National Long-Term.
Formatting State Direction in the Context of Indonesia Presidential System
951
Table 1: Assesment of state policy formation.
Total Value
12 12 14 12 12
Indikator
People
Representation
1 1 1 3 5
People
Representation
5 5 5 3 1
People
Representation
1 1 3 3 5
People
Representation
5 5 5 5 5
Format name
State
Direction
entered in
the 1945
Constitution
of Republic
Indonesia,
The
People’s
Consultative
Assembly
(MPR) as
the
supervisor
State
Direction
entered in
the 1945
Constitution
of Republic
Indonesia,
The
People’s
Consultative
Assembly
(MPR) as
the
supervisor
State
Direction
entered in
the 1945
Constitution
of Republic
Indonesia,
The
People’s
Consultative
Assembly
(MPR) as
the
supervisor
State
Direction
entered in
the 1945
Constitution
of Republic
Indonesia,
The
People’s
Consultative
Assembly
(MPR) as
the
supervisor
State
Direction
entered in
the 1945
Constitution
of Republic
Indonesia,
The
People’s
Consultative
Assembly
(MPR) as
the
supervisor
Development Plan (RPJPN) which was outlined
in the form of a law. Existing constitutional politics
then resulted in Law Number 25 year 2004
concerning the National Development Planning
System (SPPN) and Law Number 17 year 2007
concerning the National Long Term Development
Plan (RPJPN) of 2005-2025.
Regarding the above, to simplify the assessment
of the best format that can be chosen as an ideal
format for the direction of the country, indicators or
assessment criteria are needed. The assessment
criteria are people's representation, pure presidential
strengthening, the construction of a typical system in
accordance with the national identity, and the
formation process. The representation of the people
means that the direction of the state must be formed
by the most representative institution representing
the voice of the people, the higher the representation
the higher the value and vice versa. Pure presidential
strengthening means that in this decade, efforts have
been made to uphold a purely presidential system in
the Indonesian state system. Therefore, the bigger
the format supports the presidential system, the
higher the value, and vice versa. While the
development of a typical system in accordance with
the national identity is the format that is designed
must have a distinctive character that is in
accordance with the context and values adopted by
the Indonesian people. So the more typical, the
higher the value and vice versa.
The formation process is to assess the formation
of the state direction as seen from the process of its
preparation, the faster the higher the value, and
conversely the longer and complicated the process
the lower the value.
There are at least five models that can be
developed as a format for state direction, which is:
The first format, describing the direction of the
state is the will of the people so that it must be
determined by the institution that is closest to the
sovereignty of the people. Integrated and sustainable
planning and development strategies must have a
clear boundary, driving force and monitoring
mechanism. The state direction stipulated in the
Constitution will provide a special position for the
state direction. The direction of the state will be seen
as a guide for development in all sectors and fields,
to be the spirit of development and can be seen by
other nations in an open and accountable manner.
The MPR in this alternative was given the authority
to determine the state direction, so that the format
was almost the same as the GBHN format in the
original 1945 Constitution. The state direction that
will be determined is certainly different from the
concept of the state direction on the previous GBHN
which tends to be centralized in the central
government.
The second format is almost similar to the first
format, the difference is only on the supervision
side. If in the first format direct supervision is
carried out by the MPR, then in this second format,
supervision is carried out by the DPR, as one of the
functions that is inherent in the DPR, namely
overseeing the executive's course.
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952
The third format is the state direction as a form
of the people's will must be produced by a
representative state institution, namely the MPR.
The country's direction was later made a direction by
the president in drafting the National Medium Term
Development Plan (RPJMN). The President in
carrying out its development must refer to the
direction of the state but can still color the RPJMN
with the political vision and mission presented in the
campaign, and position the DPR as a supervisor.
This format is close to ideal, while maintaining a
pure presidential system, but directing the president
to follow the will of the people in the direction of the
state.
The fourth format is a document that can be
referred to together as a development plan and
strategy and acknowledged as a manifestation of the
will of the people so it does not have to be in the
degree of having to change the Constitution and
include a clause for the establishment of the state
direction by the MPR. The document of the
country's direction is quite in the form of a Law
because all this time the formation of the law has
been agreed "enough" to legitimize the will and
sovereignty of the people. State direction will be a
document that must be referred to in national and
regional development. If the country's direction is
agreed upon in the form of a law then Law Number
25 of 2004 concerning the National Development
Planning System and Law Number 17 of 2007
concerning the National Long Term Development
Plan for 2005-2025 must be reviewed.
The Fifth Format (Status Quo) is the
development plan and strategy contained in Law
Number 25 of 2004 concerning the National
Development Planning System and Law Number 17
of 2007 concerning the 2005-2025 National Long
Term Development Plan which is a maximum effort
about integrated and sustainable development plans
and strategies. The main problem so far about
development in Indonesia is believed not to be in the
level of the documents referred to but rather in the
implementation. Both laws are considered to be
sufficient to protect the will of the people and
integrate development between regions, levels of
government and the development sector.
Based on the assessment table 1., it can be seen
that the highest assessment format is the format of
state direction included in the Constitution, and that
the country's direction will be embodied in the
RPJMN by the president. This format is the most
ideal because it is believed to be able to reflect the
voice of the people in the formation of the GBHN,
also strengthens the presidential system, and has a
distinctive character.
Figure 1: The state directions is regulated by MPR, the
realized by the Presdient throught RPJMN and viewed by
DPR.
Caption: DPR is The Legislative Assembly, DPD is The
Regional Representative Council.
The history of a nation continues to run, efforts
to improve existing weaknesses are reconstructed
through four times amendments of the 1945
Constitution. The basic politics and direction of
development and the system of state directions set
by the MPR are shifted through a law-forming
system that has now been running for more than a
decade of governance. Following the reconstruction
of the interpretation of the constitution after the
amendment to the 1945 Constitution, the direction of
development policy was actually downgraded into a
legal system whose hierarchical position was under
the MPR decree. Even the implementation and basis
of national development are implemented in a lower
level of presidential regulations and ministry
strategic plans.
Based on the political history, many national
states formulated about the state law of Pancasila.
However, in many ways the idea of a Pancasila legal
state tends to deny the position of the MPR as part of
the Pancasila state law history idea as revealed by
Soepomo who introduced the principle of kinship
and realized it in an institution called the MPR and
DPR. Early history which was later manifested in
the 1945 Constitution prior to the amendment, the
position of the MPR was placed in an honorable
position as the basis for the five-year mechanism of
the state direction. Therefore, the reconstruction of
the Constitution which shifts the position of the
MPR as a form of direction and state policy has
actually shifted from the concept of the rule of law
to Pancasila.
Empirical practices of translating Pancasila
values as the foundation and direction of
development through the establishment of laws,
Presidential Regulations and Ministry Strategic
Plans as if only the government (executive).
Whereas the issue of state direction is more than a
Formatting State Direction in the Context of Indonesia Presidential System
953
matter of executive direction and policy, but also the
direction of political development in the DPR and
legal development in the judicial institutions and
other state institutions. The translation of Pancasila
values has historically practically shifted through the
strengthening of a system of separation of powers
which undermines the historical idea of the principle
of kinship which was sparked by the founders of the
state.
Both the National Development Planning System
(SPPN) and the National Long-Term Development
Plan (RPJPN) which are packaged in the form of
legislation are seen as too stressful to the limited
perspective of the elected President which is
expressed through the vision and mission when
nominating. This implies the emergence of
disparities in the development process in various
regions and the disappointment of many parties
because the output and outcome of the development
process are not in accordance with what the
constitution mandates. The implication obtained is
the potential for discontinuation of development
results with the values of Pancasila as the nation's
ideology. Development must reflect a combination
of two types of policies, evidence-based policies and
performance management (Heinrich 2007;
Triantafillou 2015).
Based on empirical experience and historical
understanding of the translation of the 1945
Constitution before the amendment. The issue of
Pancasila values is not just how to translate 'five
precepts' as the basic values of Pancasila. The values
of Pancasila openly can be included in the basic
values that have been expressed by the founders of
the nation in the form of a written constitution,
including the position of the institution and the
functions that have been outlined. In this
construction of thought, the position of the MPR as
the highest institution and forming the direction of
the country's policy direction does not need to shift
its constitutional position. Political will to strengthen
the presidential system, the need to expand the
protection of human rights, or the desire to
strengthen the independence of the judiciary can still
be carried out.
In the ideal perspective of the above, the
translation of Pancasila values is carried out by the
MPR as the highest institution of the country for the
direction and policy of all high state institutions,
both the government, the DPR and judicial
institutions. Construction of the separation of powers
as one of the elements of the rule of law remains
fulfilled. However, the direction of national
development policy is not partial in character as the
direction of executive development policy alone.
The main points in the development policy outlined
in the MPR decree can be a joint reference between
the government and the DPR. It does not matter
whether the initiation of the law comes from the
government or from the DPR.
The above thoughts have consequences on the
need to reconstruct the amended Constitution.
However, formally this is not an ahistorical idea in
which the translation of Pancasila values in the
direction of the state is only related to the formal
form of state direction in the 1945 Constitution, or
the development planning system in the formal form
of the current law. Reconstruction as an ideal idea of
translating Pancasila values in the direction of the
state can instead accommodate the conflict between
the two. In this case the Constitution as the basis for
the implementation of state life is part of the
meaning of the state direction in the broadest sense.
Thus the provisions of Article 1 paragraph (2) of the
1945 Constitution of the Republic of Indonesia that
"sovereignty is in the hands of the people and
carried out according to the Constitution" can still
work without denying the position of the MPR
which historically is part of the translation of
Pancasila values in the state system.
4 CONCLUSIONS
The values of Pancasila as the direction of many
development policies are interpreted as the
embodiment of the basic values of the 'five precepts'
contained in the opening of the Constitution.
Existing interpretations practically leave the
constitutional values historically translated by the
founders of the state as a manifestation of Pancasila
values. Existing interpretations then bear fruit in the
downgrade of the MPR's position as a high state
institution and forming the direction of development
policy as a state direction. This then continues to
decrease the direction of development policy only in
the unilateral position of the law, Perpres and
ministry's strategic plan, and partially even opens up
opportunities to distance the policy direction from
the values of Pancasila itself. Before preparing the
state direction that will be used in the future, a
thorough study or evaluation of the implementation
of the RPJP and RPJMN is needed that has been and
is being carried out by the government. After
obtaining the results of the study carefully and
comprehensively, then prepared carefully and
carefully the state direction that rests on the aspects
of the people's will in building and aspects of
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954
professional consideration of experts in the field of
development planning. The ideal format to
encourage the state's direction as a guide to national
and regional development plans and strategies in a
more integrated and sustainable manner must be
carried out with care to the national and regional
political aspirations and constellations. This is done
so that the changes made get the support of the
people consciously and responsibly.
Comprehensive studies on the evaluation of the
implementation of the RPJP, RPJMN, and national
and regional development needs must be carried out
as a basis for the decision to form a state direction.
The Indonesian government system must be
structured according to the character and needs of
the Indonesian nation itself, so that the formation of
a state direction that is considered an effort to
weaken the pure presidential system is not worthy of
being accepted in its entirety. The ideal format in the
formation of the state direction is that the state
direction is included in the Constitution, and the
country's direction will be embodied in the RPJMN
by the president and supervised by the DPR (figure
1). This format is the most ideal because it is able to
reflect the voice of the people in the formation of the
GBHN, also strengthens the presidential system, and
has a distinctive character.
ACKNOWLEDGEMENTS
The author would like to thank the Center for
Research and Development of Pancasila and
National Insights of Jenderal Soedirman University,
and the Secretariat General of the People's
Consultative Assembly of the Republic of Indonesia
which has provided funds and all support for the
implementation of this research and publication.
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