The Staples of the State Policy as the Legal Basis for Sustainable Development to Face the Industrial Revolution 5.0 and Golden Indonesia 2045

Abstract

The National Long-Term Development Plan (RPJPN) and the National Medium-Term Development Plan (RPJMN) are national development planning systems developed after the abolition of the State Policy Guidelines (GBHN) in the Indonesian constitutional system. The RPJMN has been deemed inadequate because the actors that form and implement it are deemed unrepresentative and irrelevant to the essence of popular sovereignty, as well as ineffective public control mechanisms for the implementation. Therefore, a legal instrument is needed in the form of Staples of State Policy (PPHN) as a legal basis or legislative umbrella for the development and the re-establishment of the GBHN (or by other names) as well as the direction in planning and monitoring the government’s commitment as an executive institution. This research aims to find out and provide recommendations for PPHN legal basis as a legislative umbrella for implementing sustainable development in the face of the industrial revolution 5.0 and Golden Indonesia 2045. The research was conducted using normative juridical research methods with descriptive-analytical research specifications with qualitative analysis. This research applies (a) statute approach; (b) conceptual approach; and (c) comparative approach. Results show that since the reformation era, national development in terms of legislation has not been conducted sustainably. This can be seen from the disharmony and even the negation of national development programs. PPHN arrangement as Directive Principles of Indonesian Government Policies can be conducted through: (a) Limited amendments to the 1945 Constitution, especially Article 2 and Article 3 paragraph (1) of the 1945 Constitution by including the substance of the People’s Consultative Assembly (MPR) authority to formulate PPHN; (b) Amendment of Law No. 12 of 2011 by Law No. 13 of 2022 on the Second Amendment to Law No. 12 of 2011, specifically revising the explanation of Article 7 paragraph (1) letter b, hence, the MPR can formulate Decree as part of statutory regulations, including PPHN; (c) Amendment of Law No. 17 of 2014 on the MPR, DPR, DPD, and DPRD as amended several times, most recently by Law No. 13 of 2019 on the Third Amendment to Law No. 17 of 2014 by including the MPR's authority to formulate PPHN through MPR Decree; (d) Stipulation of PPHN in a law that revokes Law No. 25 of 2004 on the National Development Planning System (SPPN); or (e.) The MPR stipulates PPHN as a constitutional convention without going through changes in legal products