Keywords

Dimension of Legal Politics, Research-Based Legislative Making, Freedom of Learning and Campus Merdeka.

Introduction

The construction of the title presented by the author in this journal is based on the technical guidelines for the TOR (Term of Reference) of the Indonesian House of Representatives Expertise Board, entitled "Dimensions of Legal Politics, Improvement of the Indonesian House of Representatives Expertise Body in the Framework of Implementing Research-Based Legislative Policy Making and Implementation of Independent Learning and Independent Campuses (MBKM)". In the author's opinion, the title is very interesting, appropriate, and/or strategic for analysis. In the title referred to, several important variables must be analyzed, the first variable is the substance of the Political Legal Dimension itself, the next variable is related to the improvement of the Expertise Board of the Republic of Indonesia to carry out Research-Based Legislative Policy Making, and the last variable is about the Implementation of Free Learning and Independent Campus (MBKM). This section, of course scientifically and philosophically (Shauki, 2011), must also be explained related to the nature of science in the context of accountability for the truth of several variables contained in the title of this journal. In the approach to the nature of science, three aspects must be accounted for, namely in the aspect of ontology-responsibility for what, epistemology-responsibility for processes, and axiology-responsibility for benefit (Bryant, 2015).

Specifically for the legal political dimension (Prasetyo & Barkatullah, 2017); the author means that the actual process of forming the legislation is a process with a political dimension because empirically in the field its formation is carried out jointly between representatives People/Legislature together with Government/Executive. In this case, the author has high hopes, lest this happens, in the process of its formation (Idham, 2004) it is carried with pragmatic political interests, but the direction must be to prioritize the interests of the nation and the state in a down-to-earth manner born of the soul and personality of the nation's children.

In this section, it is further explained that the ontology aspect that questions about what, for something to happen, is related to the process of forming legislation referred to as increasing the Expertise Body of the DPR RI to carry out Research-Based Legislative Policy Making. The People/Legislature together with the Government/Executive must have sufficient knowledge, especially in the field of sufficient and qualified research, supported by mastery of knowledge in the field of Legislation (legal drafting), in the context of understanding construction and substance, specifically related to what is meant by a set of laws and regulations. In the aspect of epistemology, this is about process accountability.

It means, that to carry out the correct process related to the establishment (Kusumaatmadja, 2002), the laws and regulations that are grounded and sovereign by the people, in this connection are specifically directed to the People's Representatives/Legislature together with the Government/Executive, must understand correctly and professional, namely how the flow, cycle, process and stages for the formation of a product of the legislation in question. In this regard, it should be (Artyukhov, 2003), between the Expertise Board of the Indonesian Parliament and the Ministry of Education, Culture and Technology Research of the Republic of Indonesia to carry out collaborations to research in the field of legislation from all aspects of the lives of the nation's children which constitute the Life System. National (Sisnas), covering the fields of Ideology, Politics, Economics, Socio-Cultural and Land, National Security, which is abbreviated as Ipoleksosbud Hankamnas, and from the results of the research, it is hoped that at the same time the Expertise Board will increase its capabilities related to the implementation of Research-Based Legislative Policy Making, through the Merdeka Learning and Independent Campus (MBKM) program.

As for the axiological aspect, the People's Representatives/Legislature together with the Government/Executives understand correctly, that of all the results and products of these laws and regulations, they must be able to realize concrete accountability regarding their benefits, namely to realize strengthening the principle of people's sovereignty, the principles and characteristics of the rule of law, a sense of justice, happiness, and the welfare of society as a whole,

The performance of the research activities in question must be focused on understanding correctly how to carry out the process of establishing laws and regulations that are grounded and sovereign by the people. To accelerate the achievement of the objectives of the program, in the author's opinion, the activities can be simultaneously integrated with the Merdeka Learning and Independent Campus (MBKM) program, by the programs that are being intensively implemented by the Ministry of Education, Culture, and Technology Research of the Republic of Indonesia. About the above, that empirically in the field, actually from the perspective of the number of laws and regulations that have been produced, the number is quite significant. It's just that, of the many laws and regulations that have been produced, These conditions and circumstances are an imbalance and/or phenomenon gap, namely the gap between das sollen/what should be implemented based on statutory/normative provisions and regulations, it turns out that in reality on the ground/das sein/empirical it is not as intended and/or ordered under existing laws and regulations. This is evidenced (Mertokusumo, 1999) that the Government is currently and will continue to implement revolutionary and fundamental steps and policies, by taking actions and/or policies in the political dimension of law which was mentioned by the President of the Republic of Indonesia Joko Widodo, namely the Omnibus Law. This means that all products of existing laws and regulations.

Some parts that are fundamentally related to the title of this journal, according to the author, have been explained in the background. The point is that the author has already explained things that are basic and the main points and that is the central theme, at the same time it has also been explained, the existence of inequality and/or the phenomenon gap, namely the gap between das sollen and das sein. The substance that has been described in the background is an identification of the problem.

Moving on from several main points as described in the background section, the construction of the problems that will be discussed and/or analyzed in this journal are: How are legal arrangements, implementation in the field, and what factors are obstacles and/or obstacles as well as solutions in the context of carrying out the process of establishing laws and regulations that are grounded and sovereign by the people in question. Thus, that the three contents of the construction of the problem formulation, henceforth in this journal, the author will conduct an analysis/discussion using a systems approach which is supported by literature sources and methodologies (Seidman, 1978), which is correct based on scientific writing rules.

Literature Review

Writing Method

In the semantic perspective, that is the vocabulary of methodology, the basic word is a method, and in general, that method means way. Thus it can be concluded that the methodology is a method that is used as a tool and/or certain tools in the context of finding the truth of a problem being studied. The methodology (Hartono, 1994a), which is used is very conditional, adapted to the realities and realities that exist in the field and the problems to be analyzed, and the results of the work must be made and/or compiled in a structured and systematic manner.

Based on the description above, that the method of writing this journal is to use a normative method, by relying on an analytical base that is legal research. This means that the data used in conducting the discussion is more focused and/or prioritized on secondary data obtained by the author from literature sources in the form of books (textbooks) and various related laws and regulations. Because the writing method is dominant and oriented to secondary/normative data, the types and/or qualifications of writing this journal are also normative.

In this methodology section, one of the methods used by the author is to apply the use of Jeremy Bentham's theory, namely the theory of happiness (utilitarianism) and the theory of Lawrence M Friedman who introduced the theory of the legal system (Friedmann, 1953a). It is hoped that the use of the two legal theories as analytical tools and integrated with the Improvement of the Expertise Body of the Indonesian Parliament to carry out Research-Based Legislative Policy Making and Implementation of Independent Learning and Independent Campus (MBKM), to dissect the problems presented in this journal, can provide a solution that constructive to form laws and regulations that are grounded and sovereign by the people.

Moving on from the central theme and several variables as contained in this journal, and the three constructions of the problem in question, in the content of this analysis/discussion, in essence, the author emphasizes that in carrying out the discussion of the problem, it will still be carried out in a linear, focused, dip and sloping way as further described in the section below.

Legal Arrangements in Forming Legislation and Independent Implementation Learning and Independent Campus (MBKM)

Regarding legal arrangements in the context of carrying out the process of forming a statutory regulation, is one part that is an important and dominant requirement and determines the validity of a statutory regulation itself (Friedmann, 1953b). On the other hand, that the existence of legal regulation is so important as a guideline that is fundamental in the context of the formation of laws and regulations that are grounded and sovereign by the people, it is hoped that the results of their products can provide guarantees and certainty for the realization of one of the principles of the rule of law, namely from the aspect of due process of law. This means that the law must be processed and enforced based on the legal provisions and/or statutory regulations that apply as a paradigm (Idham, 2005).

In line with this, in this section, according to the author, institutions and/or institutions that are authorized and mandated by law to carry out the process of forming laws and regulations, namely the People's Representatives/Legislature together with the government/executives, are obliged to understand in a correct and structured manner, various forms of legislation will be used as the basis and at the same time as postulates of legal arrangements in the context of carrying out their main duties, functions, and authorities. Empirically, this is intended so that this does not occur and at the same time reduces, and or eliminates the occurrence of lawsuits (judicial review) to the constitutional court related to the results of the laws and regulations that have been produced.

Fundamental Legal Arrangements and Implementation of Independent Learning and Independent Campuses (MBKM)

In this first group, several legal arrangements (Apeldoorn, 2001), which are basic, what the author intends are, First, legal arrangements that are philosophically called the philosophy of paradigm, meaning that in this group the legal arrangements intended are the application of the values of Pancasila on June 1, 1945, as the basis of the State of the Republic of Indonesia, as well as a view of life, and the soul of the nation's personality must be actualized concretely and permanently and sustainably by the legislators which are written clearly in various principles and norms. In the context of carrying out the formation of the said legislation (Hartono, 1994b). Second, the part which is the basis for legal arrangements related to the implementation of the formation of the legislation, in this case, what the author means is legal arrangements that are and refer to the provisions and mandates as well as orders based on the 1945 Constitution of the Republic of Indonesia, which This is what the author calls the constitutional of paradigm. Of course, in this section, the legislators must at the same time realize and or confirm the implementation of the principles and understanding of people's sovereignty, and at the same time confirm that Indonesia is a state of law.

Methods Operational Legal Arrangements

In the context of carrying out the process of forming laws and regulations whose breath is down to earth and people's sovereignty, in this case the author really hopes that the organs authorized to form the said legislation must be focused and thorough and have a high concern for guiding and as the basis for various the form of laws and regulations that are operational in nature, and or organic in nature.

This needs to be carried out consistently and responsibly, so that there is no overlap in the results of the formulation of the legislation that has been implemented. The method has been determined, namely based on Law Number 12 of 2011 concerning the Establishment of Legislations vide Law Number 15 of 2019, concerning Amendments to Law Number 12 of 2011 concerning the Establishment of Legislations (LN.2019-183, TLN.6398), that in the context of implementing the formation of various laws and regulations, it must be accompanied by a study, namely in the form of an Academic Paper (NA).

In the author's opinion, through this Academic Paper, it is hoped that there will be a sweeping of all existing organic laws to be synchronized with the substance that will be developed in the context of forming new laws and regulations, and of course this will at the same time be able to eliminate overlaps in the implementation a principle, and norms in the context of producing the legislation to be formed.

On the two pillars of legal regulation that are fundamental and strategic, in this section the author will weave and/or integrate them with two legal theories (Boström & Hallström, 2013), as mentioned in the section above. The two legal theories referred to are the theory of the law of happiness (utilitarianism) by Jeremy Bentham and the theory of legal systems by Lawrence M Friedman. Bentham said that in fact all forms of laws and regulations that will be formed; the main goals and objectives must be able to provide a guarantee for the realization of a sense of happiness for all the people (stakeholders).

Meanwhile, according to the legal system theory by Lawrence M Friedman (1953a) that the product of various laws and regulations must be implemented and enforced concretely in the field on all government structures and institutions, by implementing three main pillars integrally, namely when regulations the legislation that will be formed, from the aspect of its substance (legal substance) must be correct in accordance with the aspirations that exist in people's lives, the institutional infrastructure of law enforcement officers must be honest, open (Fooks et al., 2013), and professional.

Related to this, it must also be supported by facilities and infrastructure that are comfortable and qualified with the latest/advanced technology (advanced technology) as well as guaranteed welfare for law enforcement officers. While the next pillar, said Lawrence M Friedman that all forms of the product of the legislation, in its implementation must involve active participation from all levels of society by prioritizing a legal approach that lives in the order of people's lives (legal culture).

This means that the existence of the world today is likened to the width of the palm of the hand, that is, it can be controlled by an Android phone. According to the author, the concrete action that must be implemented immediately, while still using a collaborative approach between the Indonesian House of Representatives Expertise Board and the Ministry of Education, Culture and Technology Research of the Republic of Indonesia, is to integrate it with the Merdeka Learning and Independent Campus (MBKM) program.

With regard to this matter, according to the author, currently the Indonesian House of Representatives Expertise Agency and the Ministry of Education, Culture and Technology Research of the Republic of Indonesia must have the courage to move quickly to carry out budgetary politics, especially to carry out constructivist activities that are sustainable. If this policy is implemented immediately, the author believes that the aims and objectives are in an effort to improve the Expertise Body of the DPR RI, in the context of carrying out Research Based Legislative Policy Making and Implementation of Independent Learning and Independent Campus (MBKM) can be realized, and the end of this is of course certain that this can be achieved. Make a real and concrete contribution, especially in producing laws and regulations that are grounded and have people's sovereignty.

Results Implementation to Establish Grounded and Sovereign Legislation the People through the Independent Learning Program and the Independent Campus

Furthermore, in this section, the author will discuss the construction of the second problem, namely how to implement it in the context of forming down-to-earth laws and regulations (Goel & Ramanathan, 2014), and people's sovereignty. In the meantime, according to the author, there are several important things as anchors and main pillars, which must be implemented by the legislators at the implementation level, as further explained in the section below.

Strengthening Pancasila June 1, 1945 as a Sustainable Paradigm

In the author's opinion, the existence of Pancasila on June 1, 1945, as the basis of the state, the view of life and the soul of the nation's personality is final, and it should not be questioned and contested in carrying out all aspects of national and state life within the territory of the Unitary State of the Republic of Indonesia, which we love very much together. From an academic perspective, especially from the spectrum of paradigm understanding, that the existence of Pancasila is already a grounded, entrenched and rooted pattern as the soul and personality of the Indonesian nation and state which has been proven to be real and concrete, able to unite and at the same time strengthen the sustainability of the Unitary State of the Republic of Indonesia.

For the complete proof that Pancasila is the basis of the state, the view of life and the soul of the nation and the state of the Republic of Indonesia that has been permanently and sustainably tested, at the level of setting a paradigm, when competent legislators, once again the author puts It is hoped that the legislators should continue to stick to the implementation of the Pancasila paradigm of June 1, 1945, in a straight line and not shifting, which is used as a reference and/or basis as well as the only permanent foundation in the context of carrying out the process of forming regulations.

In line with this, in the author's opinion, it must be understood comprehensively, that the application of the values of Pancasila is the only philosophy of paradigm in the context of forming the legislation is the energy and soul of the personality of the Indonesian nation and State which are grounded and rooted (grounded values) as noble values and civilization of the nation's children in the Unitary State of the Republic of Indonesia that is sustainable (sustainability). Relevant to this, in the author's opinion, the actualization of the Pancasila paradigm on June 1, 1945, is intended primarily in the context of the formation of laws and regulations,

Actualization of the Mandate of the State Constitution with Integrity

The substance that will be analyzed in this section, the author means that all orders, mandates, and mandates as affirmed in the 1945 Constitution of the Republic of Indonesia, constitutionally paradigmatically must be the basis and/or foundation (Sodiki, 2013), in the context of carrying out the process of forming laws and regulations.

In the author's opinion, so that the implementation is not misguided and leads to reactions and demonstrations from all levels of society against a Bill (RUU) that will be formed, then in its implementation that is since the drafting of the bill in the Prolegnas, as well as when it is carried out. In the process of making Academic Papers, the competent legislators must first understand comprehensively and holistically the meaning contained in the Preamble/Preamble of the said Constitutional text, namely the 1945 Constitution of the Republic of Indonesia.

Why is the substance important to understand, the short answer is that the Basic State, namely Pancasila June 1, 1945, and the national ideals and goals of the nation and the State of Indonesia permanently and structured exist and are listed and engraved in the Preamble Manuscript/ Preamble to the Constitution of the Republic of Indonesia 1945 itself.

In the meantime, several principles and norms that are constitutional of a paradigm as have been mandated by the Constitution, and should also serve as a basis for reference in the context of forming these laws and regulations, one of which is to strengthen the understanding of people's sovereignty (the Assembly of the Republic of Indonesia). People's Consultation of the Republic of Indonesia, 2010, Article 1 paragraph (2); confirmation that Indonesia is a legal state according to Article 1 paragraph (3); confirming the understanding of Human Rights (HAM) vide Article 28A; and to strengthen legal politics in the field of the National Economy and Social Welfare, see Article 33, as has been mandated in the Constitution of our State, namely the 1945 Constitution of the Republic of Indonesia.

In the author's opinion, all the substances contained in the 1945 Constitution of the Republic of Indonesia as long as there has not been a change in their nature are final and cannot be interpreted differently, especially by the makers and/or legislators, therefore in its embodiment (Scherer & Palazzo, 2011), must be carried out in a straight manner, free from all pragmatic legal interpretations and must be carried out with a complete and solid commitment to integrity to realize a product of laws and regulations that have an earthly character and people's sovereignty whose peak service is (Susanto, 2003), is to accelerate the achievement of a welfare state.

In the author's opinion, it was once again emphasized that to accelerate the realization of the Improvement of the Indonesian House of Representatives Expertise Body, namely in the context of carrying out Research-Based Legislative Policy Making, it is time and do not delay the DPR RI Expertise Board must immediately hurry, move proactively to collaborate with The Ministry of Education, Culture and Research Technology of the Republic of Indonesia in a compact collaborative team unit and immediately went to the field to conduct research in the field of legislation from all aspects of the lives of the nation's children as explained by the author in the section above, all of which are collaborative programs. It is implemented and/or implemented through concrete actions through the Independent Learning and Independent Campus (MBKM) program.

Integrated Dissemination and Consolidation Through Merdeka Learning and Merdeka Campus (MBKM)

The meaning of dissemination is a series of activities carried out by the legislators with the authority in this case the People's Representatives/Legislature together with the Government/Executives to accommodate all aspirations and inputs (Manan, 2014), from all over the world. layers of society in the context of making improvements to the Academic Manuscript and Draft Law (RUU) in the National Legislation Program (Prolegnas). In the author's opinion, the demonstration of this dissemination activity is very necessary and important to be carried out in a planned, mature, and sustainable manner as long as the bill is still in the process and stages of forming a statutory regulation.

In line with this, it is deemed necessary to convey the meaning of socialization. What is meant by socialization is a series of activities carried out by implementing laws and regulations, namely in this case the government, which aims to explain in detail and detail the existence of a statutory regulation that has been ratified and announced in the Supplementary Gazette of the State Gazette (LTBN). so that the whole community can know, understand, and implement it completely and correctly in the context of law enforcement as mandated in the relevant laws and regulations.

Returning to the substance for strengthening the dissemination, the author hopes that all forms of dissemination activities that have been carried out by the Expertise Board of the House of Representatives of the Republic of Indonesia (DPR-RI) related to the process of forming legislation, should be improved. maximized by involving the active participation of all levels of the society concerned. This is so that the discussion process at the level of the Special Committee (Pansus) in the DPR-RI can be carried out quickly and at the same time the final results of the laws and regulations that are formed will be of high quality because the substance has been built based on the construction of the thoughts and aspirations of the citizens. public.

Regarding the strengthening of the dissemination intended by the author, in its implementation, of course, in this case, the Expertise Board of the DPR-RI is obliged to do it by applying the principles of integrated and sustainable consolidation by involving (Nurmadjito, 2009), all relevant parties, namely the Law Drafting Center whose main task is to provide expert support on drafting legislation; Center for Monitoring the Implementation of Laws; Center for Budget Studies; Center for the Study of State Financial Accountability; and the Research Center with the main task of providing expert support in the implementation of the legislative, budgetary and supervisory functions through research, study, and scientific development.

Relevant to this matter, and harmonized and/or integrated with the central theme contained in this journal, in the author's opinion, it is time for the Indonesian House of Representatives Expertise Board together with the Ministry of Education, Culture and Technology Research of the Republic of Indonesia, to integrate the steps and policies that have been adopted. integrated into a strong and solid Work Team (Timja) and prioritized the principle of gotong royong, which I suggest that Timja be named the Integrated Work Team (Timjadu). The aims and objectives to be achieved from the results of the Timjadu,

At the end of the content (Soekanto, 1988), this discussion, in the author's opinion, is between the Expertise Board of the DPR RI and the Ministry of Education, Culture and Research Technology of the Republic of Indonesia, especially in the context of carrying out all the research series and actions referred to, it is hoped that in its implementation it can apply two The legal theory is the theory of Jeremy Bentham who is famous for the theory of happiness (utilitarianism), and the theory of the legal system by Lawrence M Friedman (1953b). Henceforth, in the section below, Figure 1 will be presented which explains the Fundamental Basis of Formation of Legislations related to the implementation of Independent Learning and Independent Campus (MBKM).

Constraints and Solutions

Moving on from some of the things that the author has presented in the analysis and/or discussion section mentioned above, then in this section of the constraints and solutions, in the author's opinion, there are two parts of obstacles and/or obstacles that must be resolved quickly by the relevant authorities. With the Improvement of the Expertise Body of the DPR-RI in carrying out Research-Based Legislative Policy Making and Implementation of Independent Learning and Independent Campuses (MBKM), several obstacles/obstacles are intended by the author, namely: First, structural constraints. This structural obstacle is an obstacle that is inherent and clings to the body of the Institution, Ministry, and/or Institution itself. For example, constraints related to budget constraints, the constraint is still the existence of sectoral egos, this can be seen with the naked eye, and namely, it is difficult and weak to carry out integrated coordination. Second, non-structural constraints.

This means that the author is a constraint that comes from outside. A concrete example of this non-structural obstacle, such as the apathy of the community whose concern has greatly decreased to participate actively in discussing and/or discussing the process of forming laws and regulations. The author assumes that this happens, the possibility of transactional political influence. Such as the apathy of the community whose concern has greatly decreased to actively participate in discussing and/or discussing the process of forming laws and regulations. The author assumes that this happens, the possibility of transactional political influence. Such as the apathy of the community whose concern has greatly decreased to actively participate in discussing and/or discussing the process of forming laws and regulations. The author assumes that this happens, the possibility of transactional political influence.

Construction of the completion and/or solution (Bures, 2015), from the several obstacles/obstacles as referred to, in the author's opinion, is very appropriate and correct, that the Expertise Board of the Republic of Indonesia together with the Ministry of Education, Culture and Technology Research of the Republic of Indonesia to immediately carry out cooperation in concrete, real and direct action goes down and goes into the field in the middle and in the realm of people's lives to research with a focus, using a comprehensive, and holistic approach through the Merdeka Learning and Independent Campus (MBKM) program.

Conclusion

Based on the analysis and/or discussion that the author has presented in the section above, in the closing section of this journal, conclusions and suggestions are presented as set out below.

1. For the Field of Legal Regulation, which is used as the main basis and condition for carrying out the process of forming laws and regulations, especially and related to the actualization of the values of Pancasila on June 1, 1945, as the State Foundation, the outlook on life and the soul of the nation's personality, must be held firmly, and has the integrity as a philosophical paradigm (philosophy of paradigm) and is final and does not need to be debated again, but in the era of globalization and the development of the world of sophisticated technology and information, there are concerns that currently the values of Pancasila on June 1, 1945, are already unstable and experiencing shocks. Paradigm (shock of a paradigm);

2. At the implementation level in the context of forming laws and regulations, the legislators who are authorized in this case the People's Representatives/Legislature together with the Government/Executive must have solid, upright, and permanent integrity to actualize all mandates, and orders, namely based on the provisions of the State Constitution, the Constitution of the Republic of Indonesia (constitutional of a paradigm), with emphasis on affirming the understanding of people's sovereignty, affirming that Indonesia is a constitutional state, and affirming the understanding of Human Rights (HAM);

3. Constraints/obstacles factors related to the process of forming laws and regulations, in the context of increasing the Expertise Body of the DPR RI to carry out Research-Based Legislative Policy Making and Implementation of Independent Learning and Independent Campuses (MBKM), the obstacles/obstacles are two aspects, namely structural constraints, and non-structural constraints. Structural Constraints are all obstacles that exist and are inherent in the Institutions, Ministries, and/or Institutions themselves, such as budget constraints and sectoral egos due to the difficulty of carrying out integrated coordination. While the non-structural constraints, there is an apathetic attitude of the community when discussing the process of forming laws and regulations.

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Received: 21-Mar-2022, Manuscript No. JLERI-22-11561; Editor assigned: 23-Mar-2022, PreQC No. JLERI-22-11561(PQ); Reviewed: 06- Apr-2022, QC No. JLERI-21-11561; Revised: 22-Aug-2022, Manuscript No. JLERI-21-11561(R); Published: 29-Aug-2022