The Urgency of Granting Authority of Judiciary Institutions in Dispute Effectiveness of Duties and Functions of Civil Service Police as Law Enforcers of Regional Regulations in Ternate City

Ternate City Government in its efforts to make Ternate City a cultured, religious, harmonious, independent, just and environmentally friendly city in accordance with the vision of its government, of course, requires regional apparatus that work effectively and optimally in order to realize the vision of the government. One of the regional apparatus is the Civil Service Police Unit (Satpol PP), which according to the mandate of the laws and regulations has the function and duty of maintaining and carrying out public order and order, including its function of enforcing regional laws in Ternate City. A number of Ternate City regional regulations that are enforced with the aim of creating peace and public order, such as controlling street vendors, squatters, street children and others, of course, must be supported by the effectiveness of the duties and functions of the Satpol PP of the Ternate City Government. In previous studies on the topic of the existence of Satpol PP duties and functions, there has not been a single research study that has questioned the effectiveness of Satpol PP's duties and functions as law enforcer of local regulations, so it can be said that the study to be investigated by this researcher is still a relatively problem. has never been studied by previous researchers. Therefore, it can be said that this research has a novelty and originality side. The general objective of this research is to examine in depth the form of effectiveness of Satpol PP's duties and functions as law enforcer of regional regulations in Ternate City. Meanwhile, the specific objectives of research on this topic are expected to become material for recommendations for local governments and / or stakeholders in fixing and establishing policies (policies) related to the existence of Satpol PP as law enforcers of regional regulations.

The general objective of this research is to examine in depth the form of effectiveness of Satpol PP's duties and functions as law enforcer of regional regulations in Ternate City.Meanwhile, the specific objectives of research on this topic are expected to become material for recommendations for local governments and / or stakeholders in fixing and establishing policies (policies) related to the existence of Satpol PP as law enforcers of regional regulations.
The method in this study uses a socio-juridical research type with a qualitative research type.Research with the socio-juridical type was used with the reason to identify the form of effectiveness of the Satpol PP's duties and functions as law enforcers of regional regulations in Ternate City.The nature of this research is exploratory in nature which aims to test whether there is a cause and effect relationship between the various problem variables under study.While the approach in this research is to use a conceptual approach (conceptual approach) and a legal instrument approach (statute approach).Data collection techniques in this study were carried out by collecting primary and secondary legal materials in the form of legal policy regulations that regulate the duties and functions of Satpol PP and interviews with informants who are considered relevant to the problems being studied.
The research stages in the form of data tracing, data processing, and data completion of research results will be carried out for 6 (six) months in 1 (one) year running period.The mandatory output from the results of this research is in the form of publications in national journals that are ISSN online.Meanwhile, the tentative additional output is in the form of enrichment of teaching materials.

PRELIMINARY
Based on the provisions of Article 1 point 6, regional autonomy is the right, authority and obligation of an autonomous region to regulate and administer Government Affairs and the interests of the local community in the system of the Unitary State of the Republic of Indonesia.This definition implies that the Central Government gives the widest possible authority to regions to regulate their own households.Regions with their own initiatives can organize Regional Government by making regional regulations.The implementation of regional autonomy will run smoothly if the components that have been programmed in the Regional Regulation are implemented properly, and are also supported by the conducive situation and conditions of a region in terms of peace and public order which can support the realization of regional productive sectors in supporting regional development that is concerned.Peace and public order is meant as a dynamic condition which enables the Government, Regional Government and the community to carry out their activities in a peaceful, orderly and orderly manner.To support the implementation of regional programs, both in the scope of Provincial and Regency / City areas assign the Civil Service Police Unit (Satpol PP) with the consequence of their duties guaranteed by statutory regulations. 1he granting of authority to Satpol PP to maintain security and public order is not without basis.However, it is supported by a clear juridical basis, as stated in Law Number 23 of 2014 concerning Regional Government, specifically regulated in Article 13 paragraph (1)  which states that mandatory affairs related to basic services include one of them being tranquility and public order.and community protection.In order to achieve this, the Satpol PP as an apparatus of the regional government is given the duties and responsibilities in maintaining and carrying out public order and order as well as enforcing regional regulations.
Ternate City Government in realizing Ternate City into a cultured, religious, harmonious, independent, just and environmentally friendly city in accordance with the vision of its government, of course, requires regional apparatus that work effectively and optimally in order to realize the government's vision.One of the regional apparatus is the Satpol PP, which according to the mandate of the laws and regulations, has the function and task of maintaining and carrying out public order and order, including in its function as law enforcer of regional regulations in Ternate City.A number of local regulations in Ternate City which were enforced with the aim of creating peace and public order, such as controlling street vendors, squatters, street children and others, must of course be supported by the effectiveness of the duties and functions of the Satpol PP of the Ternate City Government Pamong Praja comes from the words Pamong and Praja, Pamong means caregiver which comes from the word Among which also has its own meaning, namely to take care of.Caring for small children for example is usually called cuddling small children, while Praja is a civil servant.Pangreh Praja or Government Employees.According to the Big Indonesian Dictionary, the Civil Service is a civil servant who manages the government of the State.Another definition of Police is a government agency in charge of maintaining security and public order or a state employee whose job is to maintain security.Based on the above definition, it can be concluded that the Civil Service Police is the Police who supervises and secures government decisions in its working area. 2 Law Number 23 of 2014 concerning Regional Government, it is known that a civil service police unit was formed to enforce regional regulations and regional regulations, organize public order and peace, and provide protection for the community.In Article 1 point 8 of Government Regulation No. 06/2010 concerning Civil Service Police Units, the meaning of Civil Service Police Units, hereinafter abbreviated as Satpol PP, is part of the regional apparatus in enforcing Regional Regulations and administering public order and public order.Observing this, it is clear that the legal position of the Civil Service Police in the hierarchy of statutory regulations is firmly and clearly regulated.
Historically, Satpol PP was not a new product, merely the fruit of the regional autonomy process.Satpol PP has existed since the VOC era during the reign of Governor General Pieter Both in Batavia.Seeing the conditions at that time, peace and order in Batavia was very much needed.In order to guard and prevent massive attacks from British soldiers and local residents, Baillaw was formed, namely the Police who also served as a Prosecutor and Judge who helped resolve disputes between the VOC and the citizens and to maintain order and security between the citizens themselves.Then during Raaffles' leadership, Bailluw was developed by forming another unit called the Besturrs Politie or Civil Service Police which was tasked with assisting the Government at the Kawedanan Level which was tasked with maintaining order and peace and security of the citizens.Likewise, during the Independence period, precisely after the Proclamation of Independence of the Republic of Indonesia, the Civil Service Police were still part of the Organization of the Police because there was no legal basis to support the existence of the Civil Service Police until the issuance of Government Regulation Number 1 of 1948. 6egional legal products are instruments for enforcing regulations in the regions which consist of several regional regulations, such as Regional Regulations, Regional Head Regulations, Regional Head Decrees, Village Regulations.Regional legal products can be in the form of regulations that are regulatory or procedural in nature to carry out the laws and regulations on it.As a product of regional law, regional regulations are recognized as part of statutory regulations based on Law Number 23 of 20014 concerning Regional Government and Law Number 12 of 2011 concerning Laws and Regulations.
Based on the Chapter General Provisions of Law 12 of 2011 concerning the Formation of Legislations, it can be concluded that Regional Regulations are statutory regulations established by the Provincial / Regency / City Regional People's Representative Council with the approval of the Governor / Regent.Based on Article 1 number 25 of Law Number 23 Year 2014 concerning Regional Government, Regional Regulations, hereinafter referred to as Regional Regulations or what are referred to by other names, are Provincial Perda and Regency / City Perda.Article 1 point 26 also states that Regional Head Regulations, hereinafter referred to as Perkada, are governor regulations and regent / mayor regulations.Tracing this definition, the authority granted by law to elements of government administration in the regions is wide enough to regulate regions in a regulatory manner.
Unlike Regional Regulations, other regional legal products, Regional Head Regulations are regulations established by the Regional Head to carry out orders in Regional Regulations.Meanwhile, a Regional Head Decree is a technical internal regulation established by the Regional Head in order to carry out orders of higher legislative regulations.Village Regulations, although not widely regulated at the Kelurahan or Village level, are possible to be formed based on the conditions and needs of the Village and as a form of further technical implementation to regulate the Village. 3egional legal products as mentioned consist of several regulations, especially regional regulations which have their own legitimacy which is imperative given by law, namely the inclusion of both civil and criminal sanctions.Even if the application of sanctions is limited, the authority to impose sanctions can be used as a special legitimacy given to regions to regulate their own regions.Apart from that, social control is also an important aspect of forming local regulations.In the formation of Regional Regulations, the community can participate and provide input related to potential problems that occur in their regions.This is possible because every Regional Regulation that is promulgated directly or indirectly intersects with the interests of the community.Social control can also be in the form of a social evaluation of the community towards the enacted Regional Regulation.
The Civil Service Police Unit (Satpol PP) has a fairly broad position and role as a regional government apparatus and apparatus.Based on Article 255 paragraph (1) of Law Number 23 Year 2014 concerning Regional Government, it is known that the Civil Service Police Unit was formed to enforce Regional Regulations and Perkada, administer public order and peace, and provide protection for the community.Based on Article 255 paragraph (2) it is known that Satpol PP has the following authority:4 a. Carrying out nonyustical disciplinary actions against members of the public, officials, or legal entities that violate regional regulations and / or regional head regulations; b.Acting on community members, officials, or legal entities who disturb public order and public order; c.Facilitating and empowering the implementation of community protection capacity; d.Carry out investigations against members of the public, officials, or legal entities suspected of violating regional regulations and / or regional head regulations; and e. Carry out administrative actions against community members, officials, or legal entities who violate regional regulations and / or regional head regulations.
Based on the aforementioned powers, it is clear that Satpol PP can be considered as one of the bodyguards for the enforcement and enforcement of a Regional Regulation apart from the elements of the relevant regional government administrators and the community itself.However, as an organization, it can be understood that Satpol PP is an organization formed to carry out and enforce regional legal products including Regional Regulations.Seeing such great authority over Satpol PP certainly makes these agencies / institutions have a big responsibility in the course of a regional regulation.This authority also requires Satpol PP to take an active role in the process of forming regional regulations.
Based on these provisions, it is stated that one of the Satpol PP's duties is to help enforce regional regulations and a series of other litigation actions such as being able to carry out investigations to administrative actions.This broad enough authority should be fully utilized by Satpol PP.However, in fact, there are still many duties and authorities as the enforcer of regional regulations which seem not yet optimized by Satpol PP.There are still many tasks that the enforcement of regional regulations is still not fully carried out, for example, enforcement of livestock control, action against violations of solid waste problems, prosecution of internal and external administrative problems of other agencies, public order and security issues and other tasks that involve the role of Satpol PP in a broad sense in the content of regional regulations.Besides that, in dealing with a group of people, there are still a lot of contact between Satpol PP and the community which in some cases has resulted in casualties.Really a connotative impression for Satpol PP. 5 Supposedly, if studied objectively, the role of Satpol PP is not maximal, so that the conflicts that often occur in the community at the upstream origin stem from a misunderstanding in understanding a series of rules that are enforced.Based on the authority, of course no one doubts the duties and roles of Satpol PP in playing and enforcing Regional Regulations.On the other hand, it is also suspected that the community has not fully understood the duties and functions of the Satpol PP as the enforcer of regional regulations in addition to regional regulations that directly intersect with the interests of a group of people.In fact, as one of the sweet fruits of regional autonomy, the authority in Satpol PP is broad enough and can be justified.If this misunderstanding is not fixed, it is feared that it could have worse implications in society.Obviously, in carrying out their duties, Satpol PP seems to be holding a double-edged knife, on the one hand enforcing regional regulations that do not necessarily involve Satpol PP in the formation process.Meanwhile, on the other hand, they also have to deal with the people themselves who are also less likely to receive full socialization from the established regional regulations.

Research sites
As for the location of research to obtain primary legal material and secondary legal material, it is focused on the Office of the Civil Service Police Unit of the Regional Government of Ternate City.

Type, Nature and Approach of Research
To answer the problems that have been formulated in this study, the researcher will use a socio-juridical research type with a qualitative research type.Research with the type of empirical legal research is used with the reason to identify the form of the effectiveness of Satpol PP's duties and functions as law enforcers of local regulations in Ternate City.The nature of this research is exploratory in nature which aims to test whether there is a cause and effect relationship between the various problem variables under study.While the approach in this research is to use a conceptual approach (conceptual approach) and a legal instrument approach (statute approach). 6

Data collection technique
Data collection techniques in this study were carried out by, among others: 1) collecting primary and secondary legal materials in the form of legal policy regulations that regulate the duties and functions of Satpol PP as law enforcers of regional regulations; and 2) interviews and distributing questionnaires with sources and respondents who are considered relevant to the problems being studied.

Data analysis
After the data is obtained through tracing primary and secondary legal materials accompanied by data collection techniques in the form of interviews and questionnaires, then the data will be analyzed qualitatively through three stages including: data classification; data interpretation; and descriptive analysis presented in narrative form.

DISCUSSION
The effectiveness of the duties and functions of the Civil Service Police Unit (Satpol PP) as law enforcer of regional regulations in Ternate City is influenced by several indicators, which the researchers describe in general as follows: 1.The Role of Satpol PP in Enforcing Regional Regulations in a Normative Perspective The Civil Service Police Unit (Satpol PP) has a fairly broad position and role as a regional government apparatus and apparatus.Based on Article 255 paragraph (1) of Law Number 23 Year 2014 concerning Regional Government, it is known that the Civil Service Police Unit was formed to enforce Regional Regulations and Perkada, administer public order and peace, and provide protection for the community.Based on Article 255 paragraph (2) it is known that Satpol PP has the following authority: a) Carry out nonyustical disciplinary actions against members of the public, officials, or legal entities who violate regional regulations and / or regional head regulations; b) Acting on community members, officials, or legal entities who disturb public order and public order; c) Facilitating and empowering the implementation of community protection capacities; d) Carry out investigations against members of the public, officials, or legal entities suspected of violating regional regulations and / or regional head regulations; and e) Carry out administrative actions against community members, officials, or legal entities who violate regional regulations and / or regional head regulations.
Based on the aforementioned powers, it is clear that Satpol PP can be considered as one of the bodyguards for the enforcement and enforcement of a Regional Regulation apart from the elements of the relevant regional government administrators and the community itself.However, as an organization, it can be understood that Satpol PP is an organization formed to carry out and enforce regional legal products including Regional Regulations.Seeing such great authority over Satpol PP certainly makes these agencies / institutions have a big responsibility in the course of a regional regulation.This authority also requires Satpol PP to take an active role in the process of forming regional regulations.
In this provision, it is stated that one of the Satpol PP's duties is to help enforce regional regulations and a series of other litigation actions such as being able to carry out investigations to administrative measures.This broad enough authority should be fully utilized by Satpol PP.However, in fact, there are still many duties and authorities as the enforcer of regional regulations which seem not yet optimized by Satpol PP.There are still many tasks that upholding local regulations that are still not fully carried out, for example, enforcement of livestock control, action against violations of solid waste problems, enforcement of internal and external administrative problems of other agencies, enforcement of security and public order issues and other tasks that involve the wider role of Satpol PP. in the content of regional regulations.Besides that, in dealing with a group of people, there are still a lot of contact between Satpol PP and the community which in some cases has resulted in casualties.Really a connotative impression for Satpol PP. 7 Supposedly, if studied objectively, the role of Satpol PP is not maximal, so that the conflicts that often occur in the community at the upstream origin stem from a misunderstanding in understanding a series of rules that are enforced.Based on the authority, of course no one doubts the duties and roles of Satpol PP in playing and enforcing Regional Regulations.On the other hand, it is also suspected that the community has not fully understood the duties and functions of the Satpol PP as the enforcer of regional regulations in addition to regional regulations that directly intersect with the interests of a group of people.In fact, as one of the sweet fruits of regional autonomy, the authority in Satpol PP is broad enough and can be justified.If this misunderstanding is not fixed, it is feared that it could have worse implications in society.Obviously, in carrying out their duties, Satpol PP seems to be holding a double-edged knife, on the one hand enforcing regional regulations that do not necessarily involve Satpol PP in the process of forming them.Meanwhile, on the other hand, they also have to deal with the people themselves who are also less likely to receive full socialization from the established regional regulations. 8he Regional Regulations that are formed cover quite broad and varied aspects, ranging from regulations governing the organization and working procedures of government agencies themselves to other general and social aspects.This increases the role and responsibility of the Satpol PP.Based on this, according to the author and as a reference for the alignment process between Satpol PP duties and authorities as enforcers of regional regulations, it is necessary to pay attention to and consider the following matters9 : 2. Local Regulations Formed Minimal Socialization Based on the researcher's investigation, there are 176 regional regulations and 182 Ternate mayoral regulations (JDIH Ternate City Government) which are still in effect today.In several regional regulations and regional head regulations contain the rights and obligations of the community as well as sanctions that require the role of Satpol PP as a supervisory and enforcement function.These regulations are often not uncommon, before they are published, they are not tested and published first to the public.After promulgation, there was also less socialization, so that the role of socialization of local regulations was also an important concern put forward by Satpol PP. 3. Regional Regulations Not Much Involve of Satpol PP Representatives In a meeting to discuss a draft regional regulation which contains the role of Satpol PP, it is rare for the legislator / actor to invite representatives from the Satpol PP to be involved in the discussion of regional regulations.The misguided view that occurs is when it is understood that any regional regulations made by legislators do not necessarily involve Satpol PP, because automatically enforcement of regulations issued is the responsibility of Satpol PP.In fact, Satpol PP is an independent organization that better understands the weaknesses and strengths of the institution.

Limited number of Satpol PP personnel
The more incessant local regulations issued that require the enforcement of Satpol PP are sometimes not supported by the increasing number / quantity of Satpol PP personnel in an area.This is certainly a troublesome thing for the Satpol PP who certainly cannot carry out the task of enforcing these regional regulations simultaneously which are increasingly being published.Normatively, the determination of the number of Satpol PP is done by calculating general criteria and specific criteria.Based on the recapitulation of the development of the number of Satpol PP members for the second semester of 2020, it was found that there were 342 total Satpol PP personnel of the City Government of Ternate with details of 46 Satpol PP civil servants and 296 Satpol PP honorary personnel.Furthermore, in the next stage, the researcher will analyze the calculation and determination of the number of Satpol PP in the Ternate City Government based on the applicable regulations, whether it has met the proportional standard in accordance with the general and technical criteria indicators above.5.There is still no ongoing collaboration between Satpol PP and other law enforcement units Enforcement of regional regulations requires cooperation between agencies, including other conventional law enforcement agencies such as the Police, Prosecutors and even Courts.Observing the broad functions and powers granted by the law, there should be many ongoing relationships formed between Satpol PP and the legal apparatus.Of course, for the sake of creating harmony in the order of life in society, all apparatuses can work together, including eliminating their respective sectoral egos.In addition, there are also many cases of violation of regional regulations that should be examined and resolved up to the court level.However, unfortunately, not much is provided regarding follow-up on violations of regional regulations.
Of course there are a lot of corrections and evaluations related to the dynamics of Satpol PP as an institution that should get a good reputation in society.However, of course, these corrections and evaluations require genuine intention and cooperation from various parties.
The Regional Regulations that have been successfully formed by each regional government are very diverse and in terms of quantity have progressivity which is increasing every year.Responding to this, of course, becomes a dilemma in itself for the Satpol PP agency which is given broad authority in enforcing regional legal products.For this reason, it is hoped that an integrated evaluation and reconciliation related to improving the existence and performance of Satpol PP needs to be carried out by various parties.
Based on the Regulation of the Minister of Home Affairs Number 60 of 2012 concerning Guidelines for Determining the Number of Civil Service Police, indicators on the general criteria for the number of Satpol PP in provincial and district / city governments consist of: a) population; b) area size; c) number of ABD; and d) personnel expenditure ratio.While the technical indicators for the number of district / city Satpol PP based on the same regulation consist of: a) classification of the size of the regional apparatus organization b) number of local regulations c) number of regional head regulations d) the number of villages / wards e) the level of potential for social conflict f) number of districts g) characteristic aspects, and h) geographical conditions.