FACTORS CAUSING LEGAL INEFECTIVE RULE MAKING PROCEDURES

Mukhammad Soleh Assistant Professor of Wisnuwardhana University Malang. ...................................................................................................................... Manuscript Info Abstract ......................... ........................................................................ Manuscript History Received: 07 December 2019 Final Accepted: 10 January 2020 Published: February 2020

The Village Regulation Draft on Village Revenue and Expenditure Budget, besides having to consult with the community to get opinion from the community, before it is submitted to the Badan Permusyawaratan Desa as institution that carries out government functions whose members are representatives of the village population based on regional representation and democratically determined to be discussed together, the Village Regulation Draft on Village Revenue and Expenditure Budget, no later than one (1) month after the Regional Regulation concerning the Budget for the Revenue Expenditure of the City District (Regional Regulation/ APBD Regency / City) is determined. In this case, the Regulations on Regional Regulations of Regency / City APBD are set no later than one (1) month before the start of the fiscal year every year. This means that the APBD Regional Regulation must be established no later than November. Therefore, the Village Regulation concerning the Village Revenue and Expenditure Budget has been established before December 31.
Based on teleological or sociological interpretation of the law, the purpose of the legislators is that the Village Regulation Draft of the Village Budget and Expenditure Budget prepared by the Village Government, before being discussed with the Badan Permusyawaratan Desa should be consulted with the community to get opinion, suggestions and responses, is a form of democratic law formation, because it involves the public at large to provide opinion, feedback and suggestions.

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The concept of democracy, experts in the political and legal fields differ in providing a definition of democracy. Etymologically, Rod Hague and Martin Harrop, stated that; "Democracy comes from the Greek word "demokratia" which means power or rule (kratos) by the people (demos). So democracy in the sense of word is a lot of meaning, not only the election of leaders by the people but denial of the separation of the two. " Democracy has a long history the existence of ideas about democracy began 508 years BC. The long journey has ushered in democracy towards a sustainable dynamic, evolving in accordance with the times and the needs of the people who use it. In line with that, I Dewa Gede Atmadja, said that regional and otoda government in Indonesia based on Article 18 of the 1945 Constitution (the 2nd Amendment) was based on the principle of democracy. In accordance with the English-Latin Law Dictionary "Black's Law Dictionary" the meaning of "democracy" is; "That form of government in which the sovereign power resides in and is, exercised by the whole Department of free citizens directly or indirectly through a system of representation, as distinguished from a monarchie, aristocracy, or oligarchy".
It is the form of government in which the sovereignty of the whole governmental institution is determined by free people, both directly and indirectly through a system of representation, which differs from monarchy, aristocracy, or oligarchy.
Moh. Mahfud.MD, said that almost all notions of democracy always provide important positions for the people, despite the operational implications in different countries. This means that all countries that act in the name of their government adhere to a democratic system of government must involve the interests of the people in making policies both through their representatives in the representative institutions and directly.
CF.Strong, said that democracy is a system of government that has a majority of adult members of the political community, participating in participation by means of representation, which ensures that the government must account for all its actions to the majority group.
Thus the essence of democracy is community involvement in determining government policy. The government policy in the field of law is no exception, whether it is laws, regional regulations or village regulations, either directly or through representatives elected through the general election mechanism or appointed based on the agreement representing them.
One of the principles in the formation of good laws and regulations is the existence of public (community) participation in its formation. This is in line with the opinion of Maria Farida Indrati Soeprapto who stated that in the formation of legislation the government must involve the community both verbally and in writing. Community involvement (public participation) is needed because of differences in resources related to the material to be formed. Community involvement is also needed so that regulations are formed in accordance with the needs and values that exist within the community itself.
Moh Fadli et al said, In a democratic country community participation is essentially there: a means to: avoid abuse of power, channel the aspirations of the community to the government, involve citizens in public decision making and uphold people's sovereignty. Participation is the right as well as the obligation of citizens to uphold good governance.
Referring to the opinions of Maria Farida and Moh Fadli et al above, community participation in the formation of laws and regulations, not least in the formation of village regulations is the community's rights and obligations, therefore besides the community must be active to be involved in every determination of government policy, then the government is obliged to facilitate so that the rights and obligations of the community to participate in any government policy can be carried out smoothly and well, without the elements of intimidation and coercion to the community.
Pleret Village, Pohjentrek Subdistrict, Pasuruan Regency, Republic of Indonesia is geographically a village that borders directly with the territory of Pasuruan City, where the community has a relatively high concern in 301 supporting development in the Pleret Village area. This is evidenced by the complete infrastructure in the Pleret village office and information on development and services in the Pleret village, as well as the frequent Pleret Village Government and Pleret Village community groups representing Pohjentrek District in hygiene, waste management and environmental safety contests. at the Pasuruan Regency level.
Preparation and discussion of Village Regulations in Pleret village, Pasuruan Regency, Republic of Indonesia for study, whether physical development is directly proportional to community empowerment, specifically community involvement in correcting, expressing aspirations and proposing village development programs and activities in planning and discussion about Village Regulation on Village Budget and Revenue. The purpose of this study is Find out what factors are hampering the effectiveness of community empowerment law in participating in drafting and discussing village regulations in Pleret village, Pasuruan Regency, Republic of Indonesia.

Methods:-
This type of research conducted by researchers is empirical legal research or sociological legal research. It is studying the implementation of law or the effectiveness of law in the midst of society.
The data in this study are primary data and secondary data. Primary data is direct data in the form of words and human actions, in this case village government actors, such as the village head, the village secretary, the head of the hamlet in Pleret village, as well as the leaders and members of the Badan Permusyawaratan Desa While secondary data are indirect data in the form of legal material both primary legal materials, secondary legal materials and tertiary legal materials. Primary data collection by conducting in-depth interviews with predetermined informants, observations / observations and documentation on the sites visited by researchers. Interviews will be conducted with the Village Head, Village Secretary, Village / Village Head, Chairperson and Members of the Badan Permusyawaratan Desa. Secondary and tertiary data collection, namely by studying literature in public libraries, as well as campus libraries and the literature owned by the village government of Pleret along with other written documents.
Data analysis was conducted using qualitative juridical analysis, by: Data obtained from the results of both primary and secondary data were collected and then classified and categorized based on the main points of the problem to be expressed through research then drawn conclusions to answer the problem. Secondary data were analyzed using legal interpretation. The activity was continuously carried out so as to form a cycle that allows conclusions that provide answers to problems, so that the cycle process can be systematically interconnected.
This study was only studying and analyzing the implementation of the law on community empowerment in the formation of village regulations on Village Budgeting and Expenditure, specifically the implementation of Article 69 Paragraphs (9 and 10) of the Village Law. That is, the implementation of the obligations of the Village Government, conveying the Village Regulation Draft on Village Revenue and Expenditure Budget to the community to get opinion and responses, before the Draft Village Regulation on Village Revenue and Expenditure Budget is discussed and determined between the Badan Permusyawaratan Desa with the Village Government. This research was carried out in Pleret Village, Pohjentrek District, Pasuruan Regency, Republic of Indonesia Republic, in a period of six (6) months.

Discussion:-
Geographically, the PLERET Village Area is included in the Pohjentrek Sub-district of Pasuruan Regency, and administratively the PLERET Village area is ± 109,249 ha. The use of which consists of:

. Bunguran
And each hamlet is led by a hamlet head, while the position of hamlet head becomes very strategic as there is an abundance of village tasks to village officials in order to maximize the service function to the community.  Village headmaster - Penulupan Hamlet Headmaster -  Functional Neighborhood Associations Amount 9 3 Neighborhood Associations Amount who has an administrator 9 4 Neighborhood Associations Amount who has an office 1 5 Residents Amount 31 Point D Pasuruan Regent Regulation concerning Guidelines for the Formulation of Village Budgeting and Expenditure in 2019, is stated: "... In preparing the Village Budget, the Village Government and BPD need to pay attention to technical matters as follows: 1. The Village Government prepares and determines the APBDesa in a timely manner, which is no later than 1 (one) month after the Regency APBD is established. 2. Village Government to meet the timetable for the preparation of the APBDesa process, starting from the preparation, submission to the BPD and BPD approval. 3. Materially it is necessary to synchronize the Village Government Work Plan (RKP Desa) with the Village RAPB, so that the APBDesa is a form of integration of all National, Regional and Village programs in an effort to improve public services and the welfare of the community in the village. .   (1) month after the Regional Regulation concerning the Budget for the Revenue Expenditure of the City District (Perda APBD Regency / City) is determined. In this case, the Regulations on Regional Regulations of Regency / City APBD are set no later than one (1) month before the start of the fiscal year every year. This means that the APBD Regional Regulation must be established no later than November. Therefore, the Village Regulation concerning the Village Revenue and Expenditure Budget has been established no later than December 31. Accordance to Sudikno Mertokusumo, that the law has requirements to be valid or to have force to apply. There are three types of force in force, namely force in force juridical, sociological and philosophical. 307

The Power of Juridical (Juristische Geltung)
The law has the force of valid juridical if the formal requirements for the formation of the law have been fulfilled.
According to HANS KELSEN, the legal capacity has a valid force if the stipulation is based on a higher level method. A legal method is a hierarchical system of methods. In Grundnorm (basic norms) there is a basis for the validity of all methods that originate from one legal system. From Grundnorm it can only be explained the validity of the legal method and not its contents. The question of the application of the law is related to das Sollen, while das Sein relates to the notion of law.

The Power of Sociology (Soziologische Geltung)
The point is the effectiveness or results of the use of the law in the joint. What is meant is: that the enactment or acceptance of the law in society is independent of the fact whether the rule of law was formed according to formal requirements or not. So here, law enforcement is a reality in society.
The strength of the law in this society are divided into two kinds: 1. According to the theory of power (Machtstheorie). The law has the power to apply sociological if enforced by the authorities, whether or not accepted by the citizens. 2. According to the theory of recognition (Anerkennungstheorie). The law has the force of sociological effect if it is accepted and recognized by the citizens of the community.

The Power of Philosophy (Philosophy Geltung)
The law has a philosophical force if; the legal method is in accordance with the ideals of law (Rechtsidee) as the highest positive value (uberpositiven Werte: Pancasila, prosperous fair society).

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Effectiveness comes from the word effect which means the effect caused by cause, effect / impact. Effective which means successful, while effectiveness according to the language of use accuracy, use, support the goal. Meanwhile, the effectiveness of grammatical law can be interpreted as the effectiveness of law, in this case regarding the successful implementation of the law itself. When discussing the effectiveness of law in society means discussing the working power of law in regulating and or forcing people to obey the law.
The effectiveness of the law in question means reviewing the rule of law that meets the requirements, that is juridical valid, sociologically valid, and philosophically valid.
The effectiveness of law is inseparable from discussing and studying human observance of applicable law. If a rule of law is obeyed, it can be said that the rule of law is effective; it can still be further questioned about the degree of effectiveness. To find out about the degree of effectiveness of a rule of law, it can be seen in the relationship between the theories of legal words from H. C Kelman those are Compliance, Identification Internalization.
A legal system is essentially a unity or set of various ideals and ways in which people try to overcome the real and potential problems that arise from the association of everyday life which regarding peace.
According to Soerjono Soekanto conceptually, the essence and meaning of law enforcement lies in the activity of harmonizing the values that are set out in solid rules and attitude of action as a series of translation of the final stage of values, to create, maintain and maintain the peace of social relationships.

Factors that affect the effectiveness of law: Legal substance factors:
The law functions for justice, certainty and expediency. In the practice of law enforcement in the field there are times when there is a conflict between legal certainty and justice. Legal certainty is concrete tangible, whereas justice is abstract so that when a judge decides on a case by applying the law alone, there are times when the value of justice is not achieved. So when you see a problem about the law, at least justice is a top priority. Because law is not merely seen from the perspective of written law, there are still many rules that live in a society that able to regulate people's lives. If the law aims only at justice, then the difficulty is because justice is subjective, highly dependent on the subjective intrinsic values of each person.

Law enforcement factors
This factor includes those who form or implement law or law enforcement. The parts of law enforcement are law enforcement officers who are able to provide proportional certainty, justice and legal benefits. The law enforcement apparatus encompasses the understanding of law enforcement institutions and law enforcement officers, while law enforcement officials in the strict sense starts from the police, prosecutors, judiciary, legal advisors and prison officers. Each apparatus and apparatus is given the authority to carry out their respective duties, which includes receiving reports, investigating, investigating, prosecuting, proving, convicting and giving Punishment as well as efforts to re-convict the convicted.
Sociologically, each law enforcement apparatus has a status and role. Social position is a certain position in the social structure. The position is a role or role, therefore someone who has a certain position, usually has a role. A right is an authority to do and not do, while an obligation is a burden or duty. A certain role can be described in the following elements: 1. Ideal role; 2. Expected roles; 3. Perceived role; and 4. Actual roles.
Law enforcers in carrying out their role cannot do as they pleased, they must also pay attention to ethics that apply in the scope of their profession, and ethics pay attention or consider human behavior in moral decision making. In the law enforcement profession itself they have their own set of codes of ethics, but in practice the codes of ethics that have been set and agreed upon are still violated by law enforcers. As a result of the actions of law enforcers who do not have integrity can even be said to be unethical in carrying out their profession, resulting in the slow development of law expected by this nation, even giving rise to negative opinions and reducing public confidence in the performance of law enforcement.

Second. Economic factors:
Economic factors or costs. Considering that the number of residents of Pleret Village aged 17 years and over or already married more than 3115 people, will be a burden to the budget of the Pleret Village Government to double the draft of the Village Regulation Draft on Pleret Village Revenue and Expenditure Budget of approximately 3115 copies, not yet in time and energy to deliver the text to each of the residents above.

Third. Timeliness factor:
Future factors also determine if a separate strategy is not carried out in the submission of the draft Village Regulation on Village Budgeting and Expenditure (APBDesa) to the community to get responses, suggestions and opinion and is limited in how many days or how many weeks to respond. Considering that no later than one (1) month after the Regency Regulation on the Regency Revenue and Expenditure Budget is approved, the Draft Village Regulation on Village Revenue and Expenditure Budget must have been passed. That is, no more than December (December 31), Village Regulations on the Village Budget and Revenue must have been established and approved and signed between the Chairperson of the Village Consultative Badan Permusyawaratan Desa and the Village Head.

Conclusion:-
Factors that hamper the effectiveness of community empowerment law in participating in the formulation and discussion of village regulations. First. Knowledge factor. Second. Economic factors. Third. Timeliness factor.