TUGAS BAHASA INGGRIS

Nama : Maryano
NPM : 211186518059
Universitas Nasional

According to Padmo Wahjono, legal politics is a policy of state administrators that

is fundamental in determining the direction, form and content of the law to be formed and

about what criteria will be used to punish something.15 Thus, legal politics according to

Padmo Wahjono is related to the applicable law in future (ius constituendum). Meanwhile,

Teuku Mohammad Radhie in an article entitled Renewal and Legal Politics in the

Framework of National Development defines legal politics as a statement of the will of the

state authorities regarding the laws that apply in their territory, and regarding the direction

of legal development that is built.

Satjipto Rahardjo defines legal politics as the activity of choosing and the methods

to be used to achieve certain social and legal goals in society. According to Satjipto

Rahardjo, there are several basic questions that arise in the study of legal politics, namely:

(1) what goals are to be achieved with the existing legal system; (2) what methods and which

are considered the best to be used to achieve these goals; (3) when the law needs to be

changed and in what ways it should be done; and (4) can be formulated a standard and

established pattern, which can help decide the process of selecting goals and ways to achieve

these goals properly. As for another elaboration of legal politics, namely legal politics as a

tool or means and steps that can be used by the government to create the desired national

legal system and with that national legal system the ideals of the Indonesian nation will be

realized. According to Bellefroid, legal politics is a legal discipline that regulates how to
change ius constitutum to ius constituendum, or create new laws to achieve their goals.

Furthermore, legal political activities include changing laws and creating new laws because

of the fundamental interest for social change to be made by making a regulation (regulation)

instead of beschiking (determination).

However, it should be noted that, although it is hierarchical, it does not mean that

the formulation and stipulation of laws and regulations is always based on the laws and

regulations that are directly above it. The arrangement of the hierarchy or order of the laws

and regulations is solely in the context of synchronizing or avoiding implementation conflicts

between one rule and another. So that every statutory regulation is expected to run in

accordance with the purpose of making the statutory regulation. Planning for the

preparation of laws is carried out in the National Legislation Program (Prolegnas) while

planning for the preparation of Regional Regulations is carried out in the Regional

Legislation Program (Prolegda). The purpose of Prolegnas and Prolegda is to realize the

national legal system in Indonesia. The existence of Prolegnas and Prolegda does not mean

that you cannot make a Draft Law or Raperda outside the Prolegnas and Prolegda.

However, in certain circumstances, the DPR or the President may submit a bill outside the

National Legislation Program to address extraordinary circumstances/conflicts/natural

disasters or other certain circumstances related to the national urgency of the bill. In the

same way as the Raperda, the DPRD or the Governor may submit a Raperda outside the

Prolegda to address extraordinary circumstances/conflicts/natural disasters, as a result of

cooperation with other parties and certain other circumstances related to the regional

urgency of the Raperda which can be mutually agreed upon by the Regional Legislation

Agency and Provincial Law Bureau.

In the formation of laws and regulations, these principles must be adhered to by

the legislators, so that in their formation they will fulfill all the rules holistically or
thoroughly. These principles are the guidelines and standards for the formation of

legislation. In addition to these principles, the formation of laws and regulations must be

carried out on the basis of: 1. The objectives to be achieved in their formation; 2. Must be

made by the appropriate and authorized institution; 3. The content of the material must be

appropriate and in accordance with the type and hierarchy; 4. The effectiveness of its

application in society, both socio-philosophically and juridically; 5. Really needed and

useful in regulating the life of society, nation and state; 6. Systematics, choice of words and

even terms as well as legal language that is clear and easy to understand so as not to cause

various kinds of interpretation in its implementation; 7. All levels of society have the widest

opportunity to provide input in the formation of laws and regulations. The direct public

participation in a draft legislation has been guaranteed in the law. The guarantee of

community participation is regulated in Law Number 12 of 2011 concerning the

Establishment of Legislation in Indonesia. Public.

The right to provide input orally and or in writing in the formation of laws and

regulations, which can be done through public opinion meetings, work visits, socialization

and or seminars/workshops/discussions. The community in question is an individual or group

of people who have an interest in the substance of the Draft Law and Regulations. Likewise,

every Draft of Laws and Regulations must be easily accessible by the public.

This has something to do with the material content of laws and regulations that

contain criminal provisions. Criminal provisions may only be contained in Laws, Provincial

Regulations or Regency/City Regional Regulations. Sentencing is related to the limitation of

people's human rights, so that in order to limit their rights it is necessary to have opinions,

considerations and the community involved in the formation process. Because in the end, it is

the rights of the people who will be limited. For the content of Laws and Government

Regulations in Lieu of Laws, it must contain further regulations regarding the provisions of
the 1945 Constitution, orders for a law to be regulated by law, ratification of certain

international agreements, follow-up on decisions of the Constitutional Court and or

fulfillment of needs. law in society. While the content of the Government Regulation contains

material for implementing the Law, as well as the material on the content of the Presidential

Regulation contains material ordered by law to implement Government Regulation or to

carry out the administration of government power. Likewise with the content of Provincial

Regulations and Regency/City Regional Regulations, the content of which is in the context of

implementing regional autonomy and co-administration tasks as well as accommodating

regional conditions and or further elaboration of higher laws and regulations.

Every country has its own goals. Various obstacles will certainly arise during the

achievement of the country's goals, both internal and external constraints. Sociological and

juridical problems of a country also greatly affect the realization of the country's goals. The

goals of the state are generally based on the ideals or goals of the state. Every country must

have goals to be achieved in accordance with its constitution.

The goals of each country are strongly influenced by social values, geographical

conditions, the history of its formation and the political influence of the state authorities. In

general, the state has the following objectives: 1. Expanding power alone 2. Organizing

public order 3. Achieving general welfare The 1945 Constitution is the source of the entire

Indonesian national legal politics. But in practice, the law is often a reflection of the will of

the holder of political power so that not a few people view that law is the same as power. The

1945 Constitution recognizes rights (including property rights) and individual freedoms as

human rights, but at the same time places common interests above personal interests.

Meanwhile, legal politics is a legal policy that has been or will be implemented nationally by

the Indonesian government which includes:

 1. Development of law with the core of making and updating legal materials so

that they are in accordance with needs 2. Implementation of existing legal provisions

including affirmation of institutional functions and guidance of law enforcers. Legal politics

is a policy as the basis for administering the state, especially in the field of law regarding

laws that will run, are running and have been in effect which are taken from the values that

grow and live and apply in society to achieve state goals as stated in the Preamble of the

1945 Constitution paragraph 4 The fourth paragraph, states "independence from that to form

a government of the Indonesian state that protects the entire Indonesian nation and the entire

homeland of Indonesia and to promote general welfare, educate the nation's life and

participate in carrying out world order based on independence, eternal peace and social

justice, then The independence of the Indonesian nationality was compiled in the structure of

the Republic of Indonesia which is sovereign by the people and based on: Belief in the One

and Only God, just and civilized humanity, Indonesian Unity and Democracy led by wisdom

in deliberation. representatives, as well as by realizing social justice for all Indonesian

people”. This paragraph has the meaning of affirming the ideals that must be achieved by the

Indonesian people through the unitary State of the Republic of Indonesia. The objectives of

the Indonesian state government are to protect the entire Indonesian nation and to promote

general welfare, educate the nation's life, and participate in carrying out world order based

on freedom, eternal peace and social justice. Institutions within the Indonesian government

system work together and support each other to realize the goals of government in the

Indonesian state.28 In order to realize the goals of the state, it is necessary to carry out the

development of national law. This is in line with the understanding that law is a means to

realize the goals of the state. State goals can be achieved through

existing national laws. Which with the achievement of national law will facilitate

our nation's steps in achieving the country's goals. State goals can also be referred to as
national goals, national goals are the targets of all activities of a nation whose realization

must be pursued continuously. The national goals of the Indonesian people are stated in the

fourth paragraph of the Preamble to the 1945 Constitution. As a constitution, the 1945

Constitution of the Republic of Indonesia is the basis of written legal sources in the form of

laws and regulations with the spirit of Pancasila as a benchmark for making legal products

under it. Therefore, every policy, be it political, legal, economic or defense and security must

be in accordance with the constitution imbued with Pancasila as the basis of the philosophy

of the Indonesian state. The link between legal politics and state goals can actually be seen

in the RPJP (Long-Term Development Plan) and RPJM (Medium-Term Development Plan).

This RPJP or RPJM is the policy direction (politics) of the authorities and other

administrative bodies to achieve state goals. From the description above, it can be concluded

that National Law Politics is the basic policy of state administrators (Republic of Indonesia)

in the field of law that will, is currently and has been in effect, which is sourced from the

values that apply in society to achieve the country's aspired goals.

Country destination as the direction of national development is in line with and

closely related to the prevailing and changing legal politics. For example, several

amendments to the 1945 Constitution of the Republic of Indonesia have changed several

important elements of executive power (ruler) which are considered too broad so that it

seems an authoritarian leader. so that the authorities will no longer arbitrarily violate the

rights of citizens only for reasons of the public interest which are clichés and cannot be

legally accounted for. As for the things that influence in realizing the goals of the state is the

National Law. National law is law or legislation based on the ideological and constitutional

basis of the state, namely Pancasila and the 1945 Constitution or laws built on creativity or

activities based on the nation's own taste and engineering. applicable in the territory of the

Unitary State of the Republic of Indonesia, both written and unwritten laws. One of the goals
of the state that we can understand from the Preamble to the 1945 Constitution is to prosper

the people. To support this smooth operation, the state, in this case the government, has the

authority to make regulations, in this case, national law as a tool to control the community.

The formulation of the National Political Law in Indonesia can be found in various

planning documents that have been determined. In the early days of independence it was

formulated in the 1945 Constitution Article II Transitional Rules, the Old Order period was

formulated in the Old Order Political Manifesto as GBHN at that time, the New Order period

in the MPR Decree on GBHN, the reformation period was found in the National

Development Program (Propenas) Decree. MPR No. IV of 1999 in conjunction with Law No.

25 of 2000. Indonesia's current national legal politics can be seen in Law no. 25/2004 which

regulates the National Development Planning System, which states that the elaboration of

the objectives of the establishment of the Republic of Indonesia as contained in the Preamble

to the 1945 Constitution, is set forth in the form of RPJP (Long Term Development Plan).

The time scale of the RPJP is 20 years, which is then described in the RPJM (Medium-Term

Development Plan), which is a plan with a 5-year timescale, which contains the vision,

mission and development program of the elected president, guided by the RPJP. At the

regional level, local governments must prepare their own RPJP and Regional RPJM, with

reference to the National RPJP.