THE EXISTENCE OF STATE POLICY GUIDELINES IN THE PERSPECTIVE OF ORDERING THE ORDER OF LAWS AND REGULATIONS

The emergence of the discourse of reviving the Outlines of the State Direction (starting now referred to as GBHN) or in standard terms is known as the reformulation of the national development planning system with the GBHN model derived from the recommendations of the Indonesian MPR for the 2009-2014 period is a must. The purpose of this article is to analyze how the Outlines of State Policy Existence in the perspective of a hierarchy of laws and regulations. This article concludes that the existence of State Policy Guidelines in the Hierarchy of rules and regulations and the state administration system must always be maintained because it aims to optimize good governance that can synergize the development programs of the Central Government and Regional Governments.


INTRODUCTION
The Indonesian nation needs the state direction as a developing country to strengthen the law and certainty of development in realizing the country's goals. The purpose of the Indonesian State itself has been clearly defined in the Preamble to the 1945 Constitution, namely: "to protect the entire Indonesian nation and all the blood of Indonesia and to promote public welfare, educate the nation's life, and participate in implementing world order based on independence, eternal peace and social justice. " The goal of the State, as stated in the constitution, becomes a philosophical foundation in the development of the country in all fields. In this regard, the State Policy becomes a forum for the elaboration of state objectives which serves as a guideline and direction for state development (Lutfil Ansori, 2019).
The directions in the sizeable Indonesian dictionary mean the law of goals or guidelines. History shows that the existence of the State Policy in the Indonesian constitutional system has changed. In the Old Order and New Order eras, the State Direction played a very vital role as a guideline for state development, at that time its traditional form was referred to as State Policy Guidelines (GBHN). However, after the reform, the existence of the State Direction disappeared as the 1945 Constitution was amended, which eliminated the presence of the State Direction in the constitution. After the reform era, the role of the GBHN as a state direction that serves as a guideline and law for State development was replaced by the National Development Planning System (SPPN) with various derivative instruments. Such as the National Long Term Development Plan (RPJPN) and the National Medium Term Development Plan (RPJMN). However, over time, SPPN was deemed unable to play a role as the state policy and could not be called the State Policy. Therefore, recently there have been attempts to restructure the national development planning system to guarantee the direction and certainty of development in the Indonesian constitutional system through the reconstruction of the State Direction (Lutfil Ansori, 2019). For this reason, it must be regulated by written, rational, planned, universal and responsive laws in adapting to community development and legal certainty (I Gede Pantja Astawa and Suprin Na'a, 2012). The formulation of the problem in this research is how the existence of the Outlines of State Policy in the perspective of the hierarchy of laws and regulations?

DEFINITION AND HISTORICAL ASPECTS OF STATE POLICY GUIDELINES (GBHN)
Article 1 paragraph (1)  Chapter V Closing. The MPR also gave the main goal of achieving a balance between agriculture and industry in the long-term development direction, so that economic development became a priority. Developments outside the economy are supportive and complementary to the economic field. In the MPR Decree/No. IV/1999, the structure and systematics of the GBHN changed. GBHN consists of Chapter I Introduction, Chapter II General Conditions, Chapter III Vision and Mission, Chapter IV Policy Direction, Chapter V Implementation Rules, and Chapter VI Closing. The direction of development policy in the GBHN has also changed from previously which only focused on the economic sector now to all fields, be it social, political, economic, which were left to the market, legal, cultural, and defence and security mechanisms. For positivism, there is no law other than positive law, which is law based on sovereign authority. For positivism, positive law is different when compared to other principles based on morality, religion, social customs (M. Erwin, 2001). The function of the MPR at that time was to stipulate the Constitution, determine the guidelines for the state policy and elect the president and vice president. Based on this authority, the MPR is not an institution that exercises its control regularly. The nature of the MPR's work was not permanent, but ad hoc. Even though on paper the MPR as a state institution does continue to exist, but in an actual or real sense, the MPR itself can only be said to exist (actual existence) when its authority or function is being implemented (inaction) (Jimly Asshiddiqie, 2006).

THE EXISTENCE OF GBHN IN THE HIERARCHY OF LEGISLATION
Apart from being viewed from the function of the MPR, the placement of MPR Decrees under the 1945 Constitution can also be considered in terms of amendments. To amend the Constitution, the terms and procedures are determined in the Basic Law itself, namely in Article 37, whereas to amend or revoke the MPR Decree, the requirements and procedures are not required as changing the Basic Law. Wicipto Setiadi stated, harmonization is an effort to harmonize, adjust, solidify, and round the conception of a draft of the legislation, with other laws and regulations, whether higher, equal, or lower, and other matters besides statutory regulations. So that they are arranged systematically, not contradicting each other or overlapping (Setiadi and Wicipto, 2007).
According to A. Hamid S. Attamimi, the MPR Decree coincides with the Body of the 1945 Constitution, based on Hans Nawiasky's theory above, is that at that time the MPR was the highest state institution and the full actor of the people's sovereignty. The MPR Decree as the Body of the 1945 Constitution is a Staatsgrundgesetz (Basic State Rules) which contains outlines or principles of state policy. Legal norms The MPR decision based on Hart's HLA theory is a single legal norm and is not adhered to by traditional secondary standards (Setiadi and Wicipto, 2007). Constitutions 1945, MPR Decree and GBHN are basic rules that have a higher position than the law, and their content only regulates behaviour (primary norms) while laws are in addition to explicit norms and are equipped with secondary criteria of procedures and sanctions for their enforcement (Ni Ketut Sri Utari, 2020).
The placement of the MPR Decrees into the types and hierarchy of statutory regulations as regulated in Law Number 12 the Year 2011 has not been optimal, because even though the MPR Decrees have been re-entered into the type and hierarchy of statutory regulations and are placed higher than the Law / Government Regulations in Lieu of Laws, but in fact, MPR decrees have not been used as a legal basis in the formation of laws and regulations under MPR decrees, such as in the construction of Laws and Government Regulations in Lieu of Laws because most of the MPR decrees are the best hiking. Whereas one of the meanings of the hierarchy of statutory regulations is that laws and regulations of a higher position are used as the legal basis or basis for lower or lower statutory limitations so that the contents or material of the contents of the more insufficient statutory regulations may not deviate or conflict with laws and regulations of a higher level. Therefore, the Constitutional Court maintains the Constitution and has jurisdiction if the GBHN legal product is in the form of an MPR Decree. In reconstructing the position of the MPR Decree in the Indonesian constitutional system, it is necessary first to rebuild the MPR institution and reconstruct the MPR's authority (Widayati, Absori, & Aidul Fitriciada Azhari, 2014).
The authority of the MPR in making policies to determine the direction of the state is stated in the MPR's legal products, which are currently known as MPR decrees. The use of the term MPR Decree can lead to connotations, the content of which is beschikking, not regeling. In connection with the implementation of people's sovereignty, the 1945 Constitution of the Republic of Indonesia in Article 1 paragraph (2) states that power is in the hands of the people and is exercised according to the Constitution. This means that the MPR determines the implementation of people's sovereignty because the MPR is a state institution that is given the authority to amend and enact the Constitution. Therefore, the MPR institution still needs its existence in the Indonesian constitutional system. The formation of statutory regulations must refer to the basis for the construction of statutory rules or statutory science (gesetzgebungslehre) (Hamzah Halim dan Kemal Redindo Syahrul Putera, 2010).

CONCLUSIONS
Reformulation of the Guidelines of State Policy has a role as an instrument of governance. The existence of the Outlines of State Policy in the Hierarchy of laws and regulations and the state administration system aims to optimize good management that can synergize the development programs of the Central Government and Regional Governments.