ANALYSIS OF LEGAL PRODUCT FORM AND CONTENT MATERIAL IN PRINCIPLES OF STATE POLICY

Abstract

The amendment to Article 3 of the Indonesian Constitution is responsible for the removal of the People's Consultative Assembly (MPR) authority, to determine the State Policy Guidelines. This explains that the national development is presently guided by the following policies, (1) Law Number 25/2004 on the National Development Planning System, (2) Law Number 17/2007 on the National Long-Term Development Plan 2005-2025, and (3) Presidential Regulation on the National Medium-Term Development Plan. These laws are considered unable to guarantee the continuity and harmony of development between the central and local governments. In the absence of State Policy Guidelines (GBHN), the continuity of an important existing long-term regulation by a new government is not guaranteed. In this case, a state policy is needed to ensure the continuity of development, leading to a discourse to revive the PPHN (Principles of State Policy). Therefore, this study aims to analyze the legal product form and content material of the PPHN, by using a normative juridical method through secondary data. The results showed that PPHN was needed to ensure the continuity of Indonesia's development, with the formulation authority provided to the MPR, the most representative state institution. The material of PPHN was also philosophical and strategic, due to emphasizing state goals according to Paragraph IV of the Indonesian Constitution Preamble. This was outlined in MPR legal products as State Regulations, which guided national institutions in preparing work programs during their term of office.