Legal Politics of Bureaucratic Reform in Really Good Governance According to Prophetical Law

DOI: 10.22219/ljih.v28i1.10393 This research was conducted to analyse the political politics of bureaucratic reform. The politics of law in reforming government bureaucracy is actually useful for making improvements so that it becomes a public servant and realizing good governance. The problem with corruption, collusion and nepotism in the bureaucracy, is not because the legal umbrella in Indonesia is not strong but subjectively every state civil servant or civil servant does not yet have the full characteristics as in the prophetic concept. Through normative juridical research methods, this study tries to explore prophetic concepts to realize good governance. The results showed that it was hoped that this prophetic concept could become its future social ideals and as a guidebook for each ASN and PNS in its soul in carrying out its public service duties. Prophetic focuses on principles of behaviour that originate from religious values. So that all executive, legislative and judicial branches can make moral ethics universally from the prophetic concept in providing services to the community in order to realize good governance.


INTRODUCTION
Bureaucratic reform in Indonesia actually still expects the government to regulate and be directly involved in all the affairs of its citizens. In this position, not only is the government expected to be a pioneer in realizing good governance, but subjectively all bureaucratic instruments protect the public. This is where the government is used as an asylum center for the community to be served in a fair, honest, open, efficient and effective service in government bureaucracy.
Those who run the government or are called bureaucratic machines, are the State Civil Apparatus, which up to now have occupied structural and functional a. The need to formulate a new "theology" in Indonesia, as a critique of "traditional" theology which is considered inappropriate; b. The existence of a crisis, which not only occurs in knowledge, but also in society, so that the social sciences (both academic social science and critical social science) that exist today are observing stagnation (Wardiono 2014).
Prophetic ideals indirectly form the basis for bureaucrats and bureaucrat employees to carry out their duties and functions to follow and emulate the noble qualities of the prophets. The prophetic concept according to Busyro Muqoddas in the UII Law Masters seminar with the theme of Leadership Crisis, explains if the prophetic concept cannot be released from Pancasila and the Preamble of the 1945 Constitution (Universitas Islam Indonesia 2017). he Pancasila and Opening of the 1945 Constitution explain 5 (five) precepts that can be interpreted as prophetic elaboration in bureaucratic life: a. Belief in the one and only God; b. Just and civilized humanity; c. The unity of Indonesia; d. The people who are led by wisdom in consultation / representation; e. Social justice for all the people of Indonesia.
So that the meaning of the values of Pancasila which has a close relationship in the prophetic concept in carrying out the bureaucracy that must be owned by office holders from the top to the bottom structure must have integrity which is considered very important as a moral, religious principle and its presence can be felt its benefits in the middle society and daily life in a bureaucratic environment.
The problem faced to carry out this prophetic concept is to realize the character and improvement in the realm of the constitution. The point is, the bureaucracy must be improved to provide a good service to the community, acting in a bureaucracy must possess prophetic minimal nature of the leader and high moral integrity, mechanisms for staff recruitment was good without bribery, acts dishonestly making a deal hidden in hiding, choosing people not because of their intellect, abilities and moral integrity but rather the interests of those who use their positions to elect the closest people (in the broadest sense).
In the field of state administration, the government guarantees the continuity of government by serving the citizens. The purpose of the state as the ideals of the Pancasila and the 1945 Constitution is to create welfare (walfare state) to the community. So the state positioning itself as a Public service (organizer of public interest) is a term of coverage covering all the roles and functions of the government as a political state (political state) or as a legal state (state of law) as well as an administrative state (administrative state) (Lubis 2008).
Connected with "Development" as a continuous and continuous effort to create a planned and directed welfare of the people, the government in theadministrative or sevice state plays key roles, among others: a. As a stabilizer (monitor); b. As an innovator (reformer); c. As a vanguard (voorlooper) (Lubis 2008).
Furthermore, reform essentially involves four aspects. First, reforms contain links to innovation and transformation. Second, successful reforms require systemic and broad-based changes, and these changes must be done by heart careful and planned Third, the aim of reform is to achieve efficiency and effectiveness Fourth, reform must be able to cope with environmental changes.Thus the scope of reform is not limited to processes and procedures, but also links changes at the level of structure and attitudes and behaviour (Huda 2005).
Public reform has become just as important as personal reform, especially in close relation to government reform activities.In modern times, and at an accelerating pace, government machinery creates and mass-produces programs. programs, changes and reforms, if we look at law and government government mainly as a structure, as a distributor, the law and the government should respond, not initiate, react rather than produce and anticipate (Friedman 2017).
So bureaucratic reform, especially in the attitudes and behavior in serving the community, lies in the development of human resources in this case all work tools in providing services in any agency. Also includes the distribution of rights from the community in the field of public services. The obligations of office holders or the government must have a responsive view of the response from the community through regulations, both those that regulate (regulatory), are policy regulations (beschiking) or internal regulations (self body rules) (Johan 2018).

Political Law in the Field of Bureaucratic Reform of State Civil Apparatus Based on Prophetic Law Legal
Politics or legal policy that will or has been implemented nationally by the Government of Indonesia which includes: first, the development of law with the core of making and updating legal materials so that they can be in accordance with needs; secondly, the implementation of existing legal provisions including the affirmation of the functions of the institution and the development of law enforcers. From this understanding, it can be seen that the politics of law covers the process of making and implementing laws that can indicate the nature and direction in which the law will be built and enforced (MD 2017).
Moestapadidjaja AR and Sedamaryanti Sadjijono use the term good governance, this government departs from the approach of the functional aspects of the word governance namely whether the government has functioned effectively and efficiently, and contains connotations of effective performance related to public management (Resen 2015).
Basically, the political law of the government through its bureaucratic reform has been apparent after years of Indonesian reform through the implementation of general principles of good(governancealgemene beginselen van behoorlijk bestuur) with the aim of avoiding various practices of corruption, collusion and nepotism within the government body so that can be created not only good government but also clean government.
Bureaucratic reform can also be seen in the 2014-2019 Medium Term Development Plan (RPJM). The RPJM explains the targets to be realized, namely improving the quality of bureaucracy and good governance in supporting the improvement of competitiveness and performance of national development in various fields. This is indicated by: the establishment of effective and efficient bureaucratic institutions; increase the capacity of managing bureaucratic reforms; the implementation of the State Civil Apparatus Law consistently in all government agencies; and improving the quality of public services. policy and strategy direction a. Institutional restructuring of government bureaucracy to be effective, efficient, and synergistic, which is pursued through strategies: improvement of government institutional design (Ministries, LPNK and LNS); internal and regional government internal institutional structuring which includes evaluating / auditing the organization, structuring tasks, functions and authorities, simplifying the structure vertically and / or horizontally; and strengthening of synergy between institutions at the central and regional levels. b. Strengthening the capacity of the management of national bureaucratic reforms pursued by strategies including: strengthening institutional and governance management of national bureaucratic reforms; structuring regulations and policies in the field of the state apparatus; expansion and facilitation of RB implementation in local government agencies; and refinement of the evaluation system for the implementation of the RBN. c. The implementation of transparent, competitive and merit-based State Civil Service (ASN) management carried out through strategies include: determining the formation and procurement of CPNS carried out very selectively according to the priority needs of development and agencies; the application of employee recruitment and selection systems that are transparent, competitive, based on information and communication technology (ICT); strengthening the system and quality of education and training; application of promotion systems in an open, competitive, and competency-based manner supported by more effective supervision by the State Civil Apparatus Commission (KASN); application of employee performance management systems; and strengthening the national staffing information system.
Improving the quality of public services pursued through strategies, including: ensuring the consistent implementation of Law Number 25 of 2009 concerning Public Services; encouraging public service innovation; increasing community participation in public services; and strengthening the capacity and effectiveness of public service supervision (Kementerian Perencanaan Pembangunan Nasional/ Badan Perencanaan Pembangunan Nasional 2014).
Increasing the capacity of the bureaucracy through Bureaucratic Reform through RPJM 2015-2019 is found when in carrying out public services the government conceptualizes the following sections (Kementerian Perencanaan Pembangunan Nasional/ Badan Perencanaan Pembangunan Nasional 2014):

a. Preparation of Grand Design and Road Map for Bureaucracy Reform
Preparation of Grand Design and Road Map for Institutional Bureaucracy Reform; b. Institutional arrangement of Government agencies (K / LPNK / LNS) which includes structuring the functions and organizational structures. Conduct organizational restructuring and agency work procedures for rightsizing based on the RPJMN and RPJMD Targets and Policies. Organized organizational structure and work procedures that are proportional, effective, efficient; c. Management of government agencies Simplification of business processes and preparation of major SOPs, especially those relating to services to the community. The main SOPs have been arranged according to the organization's business processes; d. Development of HR management Apparatus Improvement of the merit system in staffing the application of the merit system in staffing management. Improvement of employee competency and performance -employees who have taken part in the assessment center as needed, employees who have taken part in the education and training program are required to assess employee performance based on work performance.
The above RPJM relates to the Law on Civil Apparatus, where in Article 3 the Law on Civil Apparatus is specifically explained again that ASN in carrying out its profession must be based on the following principles: a. basic value; b. code of conduct and code of conduct; c. commitment, moral integrity, and responsibility for public services; d. competencies required in accordance with the field of duty; e. academic qualifications; f. guarantee legal protection in carrying out the task; and g. professionalism of position. h. accountable for its actions and performance to the public; i. has the ability to carry out government policies and programs; j. provide services to the public in an honest, responsive, fast, appropriate, accurate, efficient, effective, and courteous manner; k. prioritizing high quality leadership; l. respect for communication, consultation and cooperation; m. give priority to the achievement of results and encourage employee performance; n. fostering equality in work; and o. enhance the effectiveness of democratic government systems as career system devices.
Based on Article 23 of the Law of the Republic of Indonesia Number 5 of 2014 concerning State Civil Apparatus, Broadly speaking in prophetic view actually refers to the noble qualities that must exist in a position holder (Officials and Employees of the Civil Service) in carrying out official duties with dedication, honesty, awareness, and responsibility, showing integrity and exemplary attitude, behavior, words and actions to everyone, both inside and outside the agency.
According to data cited from the KPK Bureaucratic Anti-Corruption Education Center, it must often defeat its integrity by accepting bribes, lures, gratuities or whatever to win the impact of corruption on government bureaucracy that causes inefficient public services, in this PERC (ranking Political and Economic Risk Consultancy). Indonesia ranks number two worst in Asia. Ranking is presented with the best number 1 to 10 worst standards (Anti-Corruption Learning Center (ACLC) 2020).
Since 2017, the Corruption Eradication Commission through the Directorate of Education and Community Services together with LSP P-II KPK has designed an anti-corruption competency certification system for the position of expert in building integrity (Pratama 2017). Expert Competence of Integrity Builders has a strategic role in building a national-standard integrity system in efforts to eradicate corruption in government agencies, business actors, and other stakeholders. Ensure that the private sector complies with anti-corruption regulations and policies, especially bribes. Providing direct benefits for stakeholders (Anti-Corruption Learning Center (ACLC) 2020).
Prophetic emphasis actually leads to the behavior of HR which reflects a person's subjectivity. The point is, in the subjective order of behavior, integrity, morality and attitude are required to be perfect, but in practice the desire to enrich oneself sometimes can not be released. For example, it refers to the improvement of the bureaucracy because it is based that the bureaucracy which is a public servant makes the elements of the state civil apparatus very sensitive to KKN problems.
From this fact it appears that basically the bureaucracy in the public service sector shows if in terms of internal and external supervision is not carried out properly. If bureaucratic reform is aimed at providing services to people without conditions (facilitation payments), it is certainly procedural because professional and transparent performance can be quickly carried out. However, if the culture has been indoctrinated by the community that "I have to" or "Pakewuh in Javanese" just for sweat money, then facilitation payments are common, for some people it can be a burden to follow this bureaucratic flow, but for them which has financial potential, this kind of bureaucratic procedure is a solution so that all its needs can be quickly carried out.
However, the influence of dynamics and changes in society, both arising from the development of legal awareness (rechtsbewustzijn) and so on, the citizens are increasingly aware of their rights and obligations; As an impetus for the dynamics and awareness of the state, people increasingly understand the nature of democracy. Thus, the government actually does not become the owner of the state and is not the master of the people but the government is a servant to the people (Public Servant) (Lubis 2008). a. Establish a system of prevention and eradication of illegal payments; b. collect data and information from ministries / agencies and other parties related to using information technology; c. coordinate, plan, and carry out illegal eradication eradication operations; d. perform hand-catching operations; e. provide recommendations to the heads of ministries / institutions and heads of regional governments to impose sanctions on extortion actors in accordance with statutory provisions; f. provide recommendations for the formation and implementation of duties of extortion Saber units in each agency providing public services to the leadership of ministries / institutions and heads of local governments; and g. evaluating illegal levies. LJIH 28 (1) March-2020, 81-95

ISSN (Print) 0854-6509 -ISSN (Online) 2549-4600
The Reform of the State Civil Apparatus is focused on the creation of a state apparatus that is professional, political, neutral, accountable, free of KKN, and won the trust of the public. Agenda that is necessary in the context of bureaucratic reform of the state apparatus is described as follows: a. Implement an apparatus performance appraisal system objectively; b. Apply the Apparatus Compensation Scale based on the burden of responsibility and performance of the State Secretariat; c. Implement a dual pension system (pay-as-you-go and self-paying) for civil servants and JES, and a self-paying pension system for PNTT) d. Increase the mobility of civil servants to overcome silomentality " or" frog mentality under the shell "through the placement of JES in all regions of Indonesia (Jeddawi 2009).
Based on the awareness of the position holders, prophetic must be applied before the recruitment or before a person serves as the state civil servants or civil servants. The concept of bureaucratic reform has normally been implemented. However, in the aspect of evaluation based on the 2015-2019 government program, the ASN Law and the Public Service Law will be evaluated based on the basis of sein (reality on the ground) above.

Evaluation of Bureaucratic Reform based on the Prophetic Approach
State'sas an abstract intensity, which appears to be elements of the state in the form of people, territory, and government. One element of the state is the people. People who live in the territory of the country become residents of the country concerned. Citizens are part of the population of a country, citizens have relations with their country. Its position as a citizen creates a relationship in the form of the role of rights, and obligations that are reciprocal (Hamidi and Lutfi 2010).
But at the level of citizens' rights, it can be said that the state is a public servant. This is mentioned as in the written constitution Indonesia mandates the position of citizens Article 28H of the 1945 Constitution reads: a. Everyone has the right to live in physical and spiritual prosperity, to live and to have a good and healthy environment and to have health services; b. Every person has the right to get special facilities and treatment to obtain equal opportunities and benefits in order to achieve equality and fairness; c. Every person has the right to social security that enables his or her full development as a dignified human; d. Every person has the right to have private ownership rights and private property rights and these rights may not be taken arbitrarily by anyone.

Nehru Asyikin LJIH 28 (1) March-2020, 81-95
Public services actually make the central and regional governments run administrative activities to run the wheels of government. The quality of human resources who fill positions in the bureaucracy must be good. The key words of the two words "service and public" are interpreted as serving or being served, while the public can be interpreted as a unitary group of people in a certain place or region (Unitary State of the Republic of Indonesia) If public service is said to be the duty of the government then it cannot be separated as the authority of the government, because the government (central and regional executives) is the one who carries out government.
Regarding the government requirements, good and clean governance must be created. To be able to create it, it cannot only be left to the quality of a leader. If the leader is honest, it will be good. But when the elected are dishonest leaders, the people can become victims of corruption. Here it means a system that is steady, legal certainty, and not merely based on the compassion of the leader (Sudarsa 2013).
Improving the quality of human resources to obtain adequate human resources (SD) requires structuring and recruitment systems for personnel, payroll systems, conducting training, and improving welfare (Sudarsa 2013). Evaluation forms of bureaucratic reform if prophetic law is used as a basis for viewing the legal instruments of the RPJM , ASN Law, and Public Service Law, what needs to be seen is the efficiency and effectiveness of the organizers to conduct the recruitment of ASN and PNS. Some points that become the basis for seeing other than the requirements such as intelligence, namely morality, ethics, integrity, persuasion ability. It can be said if it meets these absolute requirements, the organizers can focus more on recruiting candidates for ASN or PNS.
In prophetic areas, in addition to prefentive supervision and repressive supervision according to the concept of supervision, the supervisor is in himself, because the circle of the noble qualities of the prophet can be a barrier wall for not acting in violation of positive laws or violating religious law. The practice can be said as a new way to avoid KKN practices. In addition, public services in the bureaucratic area are spared from ineffective services, inefficient services, not fast services, and even avoid costs beyond those determined by the government as administrative procedures.
As a result, it does not rule out the possibility of corrupt transactions in it involving bureaucrats to sell state policies for personal, family or group interests. Whereas according to Max Weber, one of the characteristics of an ideal bureaucracy is that every official is not permitted to carry out duties related to his position and the resources of his institution for personal and family interests (Kementerian Pertahanan Republik Indonesia 2014). LJIH 28 (1) March-2020, 81-95

ISSN (Print) 0854-6509 -ISSN (Online) 2549-4600
There is a pull that can cause a person who is given the authority to perform actions that benefit himself. Sometimes this is inevitable if someone does not have a principle or determination to be honest and pure. The benefit of learning prophetic concepts is actually not just to be a barrier wall for not being able to see or avoid selfish behavior. But rather to be a grip to remind yourself.
When referring to the direction of government policy (legal policy) to avoid intervening interests, Bagir Manan argues that the bureaucracy in Indonesia is less independent of political forces. In order to set or achieve political goals, the bureaucracy is always seen as an effective instrument and force for organizing and strengthening a political power. This kind of bureaucratic politicization has more negative effects than benefits. Political development can dominate a variety of decisions and actions rather than consideration of the public interest or public service. Can also occur collusion between bureaucracy with various forces and activities outside of bureaucracy on behalf of political solidarity" and so forth. For the bureaucracy itself, the politicization can be used as a bureaucratic apparatus itself, the politicization can be used as a means of obtaining various "protections" arbitrary (Manan 2003).
From the above facts, the solution that can be done is to simplify services that must undergo some complicated procedural, especially for most people. There must be courage and sincerity to fully entrust a type of service to one particular agency. The concentration of this kind of service authority contains various positive aspects, such as facilitating service seekers, facilitating accountability, can be faster, easier and so on. Then a systematic planning regarding the development of human resources, both regarding quality, karis guarantee, welfare, and so forth (Manan 2003). In order to avoid finding fraudulent individuals, a good recruitment mechanism based on prophetic concepts is needed. The guiding steps are as follows: a. Formulate indicators of dishonesty and evidence of dishonesty; b. Establish an administration of honesty or dishonesty; c. Conduct checks in relation to the quality of honesty administration; d. Use past administrative records to base honesty management; e. Use outside resources to ensure honesty and achieve the minimum requirements that must be present in the entity; f. Select anti corruption employees with professional criteria. Research track records individual, get rid of dishonest ones. Enact new rules against nepotism; g. Anti-corruption leadership, exemplary leaders who change the attitude of subordinates. Vocal and communicative leadership with the community about commitment to eradicating corruption (Jeddawi 2009).
If guided by ethics in carrying out governance, especially in government administration, ethics can be broadly defined, namely, administrative ethics includes the application of moral principles to behavior in officials in organizations (Administrative ethics involves the application of moral principles to the conduct of officials in the organization). The ethics of government administration because it involves people's lives, people's welfare, and continuous progress. Thus, ethics can give birth to the principles of standards, guidelines, and virtues as well (Gie 1993).
However, in the bureaucratic mover order it is not a public secret if morals and ethics are limited to the work area whereas beyond that morals and ethics can be abandoned and will be carried over to the area of decision making or attitudes in public service later. On the other hand, even though humans are not prophets or just ordinary people, morality must be present on the subjects of state administrators at the structural level from the top to the bottom.
Good morals or morals, that is, the value system becomes the principles of behavior that originate from the Qur'an, As-Sunnah and natural values (sunatullah), while morals can mean natural values (sunatullah) and can also means the value system that comes from human agreement at a certain time and space so that it can change. Another case is ethics which is a temporary agreement from groups that use behavioral institutions. Therefore, moral values which are ethical values can change according to agreement and formulation of descriptions of basic values that are seen as natural (universal) (Ali 2016).
Thus, all branches of power (executive, legislative and judiciary) in which there are ASNs or civil servants can make moral ethics and universally that is, morals can be used as a guide such as a handbook that exists within each other than the ASN Law, the Public Service Act and other administrative sciences of course. Then prophetic is used as a barrier wall for not doing what is forbidden by God and positive law. With the aim of being able to sincerely and commit to making public services the needs of protected communities in a fair, professional, transparent and honest manner both in the Central Government and in Regional Governments.

CONCLUSION
Prophetic based on ethical ideals there are 3 contents namely humanism, liberation and transcendent. which is more or less found in the values of Pancasila. Political law as the official direction of government in politics and law through the RPJM, ASN Law, Public Service Act, Presidential Regulation on extortion provides a structured action but not in the area of prevention, especially in corruption, collusion and nepotism within the bureaucracy. The Prophetic approach is directed at the subjective behaviour of ASN HR in carrying out their functions and authorities following the noble qualities of the prophets. The function of the noble qualities of the prophets is an internal controller to maintain the balance of his life and achieve the goals of his spiritual life safely. Such a function is needed because individually, in every human person there is a conflict of interest or cannot control the passions to commit acts of misuse. Prophetic focuses on the principles of behaviour that are based on religious values. So that all branches of the executive, legislative and judiciary can make moral ethics universally from the prophetic concept in providing services to the community.