CC BY
5
THE IMPORTANT DIMENSIONS OF LEGAL INSTRUMENTS FOR SUSTAINABLE DEVELOPMENT IN VILLAGES
ABUSTAN1, ROYYAN HAFIZI2
Lecturer/Lecturer in Master of Laws, Postgraduate, Universitas Islam Jakarta, Indonesia 1
STAIKU Kuningan, Indonesia 2 [email protected] 1, [email protected] 2
Abstract - Village development milestones have become new altars in the excitement of national development. However, development in villages is an integral part of national development based on Pancasila and the 1945 Constitution of the Republic of Indonesia, carried out as an implementation of equitable development throughout Indonesia which is not only compartmentalized/concentrated (concentrated) in crowded places (cities), but also in remote villages where the majority of the population live in the interior. The dynamics of development infrastructure have recently moved to villages as a manifestation of the realization of a prosperous, socially just and equitable society. The ideals of the nation's founders (foundhing fadhers) are contained in the preamble of the Constitution of the Republic of Indonesia in paragraph 4 of the last paragraph. Therefore, promoting the welfare and social justice is a constitutional mandate, so it is a state obligation. This research takes the village dimension, a legal instrument for implementing sustainable development in the village. This research is empirical research that uses a sociological juridical approach. The reality of the existing real conditions, the research found various signs of progress with the assistance of village funds from the center, both the education, health and activity people by bringing equality gender to divide work tasks in the village. That is the progress of development found from the research conducted. Keywords: Village Development, Sustainability, Welfare and Justice
INTRODUCTION
Development in the village is an integral part of national development based on Pancasila and the 1945 Constitution of the Republic of Indonesia, carried out to achieve equitable distribution of development throughout Indonesia, which is not only concentrated (concentrated) in the city but also in remote villages where the majority of the population live in the interior. Infrastructure Dynamics Development has recently moved to villages as a manifestation of the realization of a prosperous, socially just and equitable society. Of course, it is not limited to material development but also spiritual. The reality of the existing conditions in the village, in the research conducted, it was found that there were various advances, both in the education sector and school infrastructure representative, place health facilities society for treatment (POSYANDU and PUSKESMAS) as well as activity equipped people technology information with digitization system (Wi-Fi). That is the progress of development found from the research done. Writing this journal also aims to find out the implementation of Law Number 6 of 2014 concerning Villages. Currently, the arrangement of development and people's lives to reduce inequality, inequality and development underdevelopment is being carried out (efforts) with various central government political wills, both legal regulations (regulations) and disbursement of funds from the central government (APBN) to encourage accelerated development and economic growth in the countryside. The village not only "strengthens the existence" of the unitary state of the Republic of Indonesia (NKRI), but the village is also one of the pillars of the national resilience strategy. As we know, the village with all the attributes of its government is an arena that faces the people directly. Village administration is the center of local political power. Thus, realizing the ideals of the founding fathers (founding fathers) becomes very strategic and important. This can be achieved if the "important aspects' of people's lives in the village can be fulfilled to realize a prosperous and socially just life.
According to the various dynamics of development, the village has become a new altar in the excitement of national development. Thus, a new desire arose to place the village as the development axis. In this context, the village becomes the fulcrum of development nationally and/or the locus of development.
A fundamental question now is in which direction rural development must be moved. In various issues, critical and contextual social justice always comes to the fore and gives its meaning. Acceleration of the movement of people, goods and ideas throughout corners of the earth, influencing the pendulum of the application of social justice at one point and the imposition of social injustice at another point. This condition positions the village as a challenge and requires all of us to share responsibility in mapping and promoting/applying social justice on the earth that we stand on, namely a village in Indonesia.
Therefore, the sacred mission of the development village should start from this point (social justice), thus making it one breath in caring for the condition of togetherness of life in the village. On August 28, 1959, Soekarno conveyed the President's Mandate on Planned Universal Development to the DEPERNAS (National Planning Council):..The goal and purpose of universal development are to build a just and prosperous society; just and prosperous, namely, according to the views of the teachings of Pancasila.
Based on the mandate of the nation's founding fathers, so in the course of the nation's life, patriotism must be the main agenda that must be answered in the reality of life. Is social justice as part of the Pancasila precepts already implemented in every sector of life? Indeed, it cannot be denied that the progress achieved so far is also felt by people who live in remote villages. The achievement of that progress is the noble value of Pancasila, and this must be manifested in daily actions 2. (Pancasila: between idealism and reality, Yudi Latif)
That basic assumption shows how important it is to maintain and realize social justice in the context of village development. Therefore, the spirit of development must be placed as essential in enforcement aspects-aspect of justice until the roots and the latter grow into solid stems and branches in every line of national development. However, the village's existence is a pillar of the national security of the Republic of Indonesia.
Thus, the village becomes a source of hope because of two considerations, first is a concept that shows the desire of the founding fathers to meet the basic needs of all citizens, including the people in the village. Second, the contact of the village with modernization (development) is still not that far, so the experiment of forming a new cluster of development with the country's basic values is still easy to carry out as a source of basic values. Indonesianness 3. (Bagir Manan, Strengthening Indonesian Legal and Administrative Civilization, 2019).
In fact, in Indonesia's ideas and realities of politics and law. Pancasila cannot be replaced as the basis and ideology of the state, which can accommodate, concoct, and produce solutions with wisdom and a high tolerance for various schools of thought and interests in a pluralistic Indonesian society 4(Mahfud, 2013:13).
More than that, development is also the practice of religious rituals itself. The most concrete reflection of development is always related to people and relationships between people. So, the meaning of the relationship between humans is that deep development can reduce humanity. In the village, human relations are in social, cultural and economic frames though they always regard brotherhood as a marker of attitude.
In a sense, brotherhood is the core of humanity so that development relations do not become isolated between classes and become the basis of battle. Therefore, social justice is the "goal" or ultimate achievement of development, so it must be a lever for human values and not undermine it (Komaruddin Hidayat, 2010).
The wrong development strategy that often sacrifices people is that growth results in marginalization. One economic actor grows while the other dies or stagnates. Development is not embracing but separating. That is the description of what has happened so far. The agenda for unity is far from over. In the villages, the vocabulary of cooperation resounds to this day, although it has begun to be eroded by the increasingly ruthless system of individual competition. At least, it must be admitted
that cooperation is still the language of human relations in the village. So from that point on, a village development strategy is needed to realize social justice, which is the state's responsibility. These important aspects become social values embedded in society that must be saved because this social capital is a source of peace.
This is also confirmed in the constitution (Article 33 of the 1945 Constitution), which reads, "The economy is structured as a joint venture based on the principle of kinship", as stated by Mohammad Hatta. For Bung Hatta, this is the true meaning of social justice in the economic field. Therefore That, principles, rules, directions and directions of the economy must be addressed as much as possible to all Indonesian people, including those domiciled in the area remote, outskirts, and isolated (villages). (Subiakto Tjakrawerdaya et al,, 2020). Based on the above, it shows that social justice has a very deep meaning: welfare that does not lose spirituality, Humans are not considered as mere factors of production, strengthening social relations and distribution, and realizing consensus (sovereignty).
The feeling of drier life, even though welfare has increased, does not reflect spirituality and humanity. Then, of course, justice is socially unattainable. Therefore, the pinnacle of development, which is interpreted as just and prosperous, as stated by the founder of the state above, is an aggregation of life-fair practices towards the creation of social justice for all Indonesian people [Journal of Rural Women's Agencies, 2019].
For that reason, the members of social justice should ignite the development and empowerment of rural (citizens). The Ministry of Rural Development, Underdeveloped regions, and Transmigration, mandated to carry out this mission, laid the state's foundations as teachings that should stand up straight. The three pillars/measures of village development conceptualized by the Directorate General of PPMD (Development And Empowerment Village Community), namely the Village Cultural Circle (Village Works), Community Network Wiradesa (Jamu Desa), and Village Economic Barn (Bumi Desa), dedicated to laying the foundations of this country 6. (Ahmad Erani Yustika, Pancasila and Villages, Kompas, 2 June 2016).
On this basis, contextual issues always arise around development in the village as an actual problem, especially related to inequality and development backwardness, whose triggers involve many things. One of them is the legal aspect. There is an impression that various legal studies/researches regarding the protection of village communities are felt Utopian. Even the economic policies pursued by the past regime neglected the interests of the rural people.
Various things about village prosperity/welfare are faintly heard in the distance, then vanish into the cacophony of the "engines" of unequal economic development. The frenetic reforms improved the Indonesian population, mostly living in villages. So, on April 24 2014, Law Number 6 of 2014 concerning Villages was enacted and has been in effect until now (Abustan, 2020). 1. Methods
Concerning what has been displayed in the description introduction and related to existing theory, this research method uses the Normative Juridical method, which refers to legal norms contained in laws and regulations and legal norms that exist in society. In addition, this research also uses/makes efforts first concrete as follows: 1. 1 Research type
This research is included in the type of empirical research on law implementation. In this case, if it relates to the theme/concept, it is normative in the processes, principles and procedures used. However, this research is only partially normative, considering the cases that will be discussed in this research occur in the actual scope (factual).
1.2 Nature of research
This research is a descriptive analysis using applicable laws and regulations associated with legal theories. In practice, the implementation is related to the problems to be studied or those that become the object of research, and this method will also describe and describe the facts that occur as a reflection of the implementation of laws and regulations as well as legal principles associated with legal theories and practice implementation.
1.3 Data source
a. Primary data, namely data obtained directly from the source at the Pasirjambu Village Office, Bandung Regency, West Java and the Cabbeng Village Office, Dua Boccoe District, Bone Regency, South Sulawesi.
b. Data Seconds, namely data obtained directly from official documents and books related to the issues discussed in this study, which are divided into:
1}. Primary Legal Materials
Namely binding legal materials such as Amendments to the 1945 Constitution of the Republic of Indonesia, the Law on Villages, the Law on Human Rights, the Law on Education, the Law on Health and the Law on Child Protection. 2}. Secondary Legal Materials
Namely, those that explain primary legal materials such as literature-Library literature, magazines, newspapers (headlines and opinions), and law journals, both nationally and internationally accredited, correlate with the topic to be studied discussed in this research.
3}. Tertiary Legal Materials Namely legal materials that guide primary legal materials and seconds like dictionaries: legal, social, economic, cultural, and democratic considered correlated (related) to the problem to be discussed.
1.4 Problem Formulation
Starting from the title above, the scope of the problem formulation to be raised within the scope of this research is as follows:
1. What important aspects must be considered in implementing accelerated development in the village to achieve social welfare and justice?
2. How far is the effectiveness and urgency of Law Number 6 of 2014 concerning Villages in the sustainable development of villages in this new era?
This is important, considering that sometimes existing laws are only good at the level on paper but, in reality, cannot be implemented in real terms on the ground. This condition deserves attention (researched) because too many regulations are only beautiful at the theoretical level but lose meaning in practice.
2. RESULTS AND DISCUSSION 2.1 Sustainable development milestones in the village 2.1.1 Village Gait in Sustainable Development
Village acceleration in sustainable development is now done at the end time RPJPN. Because of this, towards the end of the 2005 - 2025 National Long-Term Development Plan, a background study of the RPJPN has been prepared.
The village cannot be denied that it has occupied an important position in this process as it covers 91 per cent of the area of Indonesia. Until now, the village has played the main role in directly serving the needs of citizens, building infrastructure, and social foundation, strengthening the local economy, and maintaining mutual cultural cooperation.
In this context, village development in the long term holds a strategic steering wheel, especially for the welfare of Indonesian citizens who live in rural areas. Goodon the edge of mountains, on the coast/river and in areas that are still isolated/underdeveloped.
So fortunately, since 2021, micro SDGs Village data has been available, which contains detailed information on 87 million villagers, 24 million village families, potential areas of 317,000 neighborhood units, and profiles of 74,961 villages. National village libraries have been built. It compiled academic studies, village policies, disadvantaged areas, and transmigration, especially since the promulgation of the Village Law (vide Law No. 6 of 2014 concerning Villages). The 2021 Village SDGs component contains new knowledge that achieving sustainable development goals in villages has only reached 45.67 per cent. The highest achievement for realizing a Clean and Renewable Energy Village is 97.96 per cent points.
More than that, the village superior achieved the goal of a Peaceful Village with Justice, at 78.60 per cent points. Achievements are no less important on the icon objective SDGs the 18th village that is Institution Dynamic Village and Culture Adaptive Village which sums up to 63.43 per cent points.
The culmination point of the SDGs Village goals illustrates the superiority of the sociological aspect, in the form of relationships, social harmony, and cultural resilience local absorbing point of view new from the city and global. Also on the basic electricity service side almost completely fulfilled. The current phenomenon is that people deliberately vacation to the village to breathe clean air again, without noise. Darling, Village SDGs 2021 dismantles the reality that the villagers' efforts guard the environment approaching the nadir. The consumption and production goals of Environmentally Aware Villages have only reached 4.37 percentage points, while the goals of Climate Change Responsive Villages are only 11, 26 per cent points.
It reads that the village's main challenge in the long term is to ensure local efforts to preserve the environment. With that viewpoint, so that not giving another chance (allowing environmental damage to occur. Because when there are indications that things will happen that will impact environmental damage, then prevention efforts will also occur. In essence, no more flexibility or space happening environmental damage.
Along with the transfer of Village Funds (DD) since 2015, the number of villages in recognition by the government has jumped from 74,093 villages in 2015 to 74,957 villages in 2018. The moratorium on forming new villages has held back the increase to the current 74,962 villages. Without the moratorium, it is estimated that the transfer of DD to the village treasury account will decrease because it will be distributed to more villages.
With thereby, policy the village moratorium continues so that by 2045 the number of villages in Indonesia is estimated to be only around 75,000. Of course, assuming that the moratorium is implemented consistently and continuously.
After all, APBDes is the energy for the village to innovate to build in all areas. In 2021 the value was IDR 121. Trillion, and in 2045 an estimated IDR 381 trillion. The benefits of that budget capacity were later reflected in calculating the Developing Village Index (IDM). In 2021 the highest caste of independent villages will only reach 3,269 villages. If it goes on like the last eight years, in 2045, it will increase to 52,105 villages.
With such an estimate, extra acceleration is needed to expand village independence and eradicate underdeveloped and highly disadvantaged villages left behind. However, this planning can become an implemented (fulfilled) innovation if there is sustainable village funding assistance, as well apparatus village has a moral character (honesty) and a performance character. They (apparatus) are active in developing innovations in their area.
Furthermore, the number of villagers in 2021 will reach 118 million people and is predicted to reach 135 million in 2045. Meanwhile, the villagers' income increased from IDR 971,445 per capita/month to IDR 2,412,901 per capita/per month. Apart from that, it should also be grateful that the power of cooperation in the village is still strong, and the impact on the residents is light (no burden) sharing sustenance. As a result, economic inequality is kept low. It was recorded that the village Gini index was 0.315 in 2021, and the trend continued evenly to be 0.295 in 2045.
Indeed, this is regrettable because the rate of reduction in the poverty rate, which has so far been very slow, can frustrate the desire to eradicate rural poverty. In 2021 the village poverty rate was 13.10 per cent, and without effort, you can leave 7.77 per cent of the poor village in 2045.
2.1.2 Social Transformation and Urbanization
In full, especially. First, we have to understand what that social transformation is. Transformation word means to control one form to another. So social transformation means talking about changing the structure, social system, and culture. One party's transformation can mean structural change or social renewal. While on the other hand implies process change value from time to time. Social transformation means discussing the process of changing structures, social systems, and culture. As happened during the pandemic some time ago, we feel the impact. It affects almost all aspects of human life. Dimensions are no exceptions to social religion until Activity society is different from what is usually included in all our religious rituals. This is what is called social transformation. Factors causing the social transformation can happen intentionally. It happens because it is desired by society. Say, as an example, development is programmed so that the atmosphere that was not
before pleasant becomes pleasant. Poverty changed into well-being, and agricultural culture changed into an industrial culture. With the planned form of transformation, management becomes clearer. This happens because it can be programmed, and you can see the changes that occur. Unintentional transformations can occur due to influences from within the community itself as well as influences from outside the community.
There are some factors affecting social change, as stated by Hirschman. Namely, three factors affect social change: 1) work pressure in society, 2) the effectiveness of communication, and 3) changes in the natural environment. Third, they are encouraged by human reason to create a change that would make it easier for them to solve the problems in their lives.
More than that, Berger said that for so long, humans have believed that they have been able to conquer the world and live amid scientific and technological advances marked by rapid developments. Industry information as it exists in the dynamics of life in the village today.
2.1.3 Village Drives Urbanization
Urbanization marks the country's progress because it means an increase in citizens who can access urban facilities. However, why is migration from villages to cities after Eid often being greeted with violence to send them back to their villages? No wonder many that chased Uber were even arrested/detained by DKI Satpol.
So, though villagers always get sent home, the rural population has never been more dominant than the urban population. Their numbers have continued to decline. 71 per cent of electronic KTP holders are in the village, while only 29 per cent are there.
A jumble of information to actual action on the ground means that the time has come for urbanization to be understood holistically. Moreover, the 2010 and 2020 population censuses report that the urbanization trend will increase inside villages. Meanwhile, urbanization due to the migration of villagers to cities can now be read.
Increasing urbanization is indicated by a surge in population in urban areas, where the real conditions in the field are residents of urban villages and urban wards. The conclusion that can be drawn is that the denser the population, the smaller the proportion of residents working in agriculture, and increasing urban facilities become village provisions or wards towards urban area status. In this context, it must also be agreed and understood that the smallest regions in Indonesia are villages and sub-districts. Four regional groups emerged: villages-rural, urban-rural, urban-rural, and cities.
The enhancement Amount of urban residents starts the definition of urbanization in two ways. First, population migration from rural to urban. This is the most popular understanding, as well as the narrowing of the meaning of urbanization. The current conclusion is that the role of rural-urban migration in urbanization is relatively small.
Second, urbanization should be recognized as more influential when a region increases in status from rural to urban so that all residents automatically switch to urban residents.
During 2010-2020, it was recorded that 15 per cent of villages had their status upgraded to urban areas. Currently, 22,417 villages are classified as urban areas, meaning 30% of the 74,960 villages have adequate urban facilities.
In addition, it must also be recognized that village funds can boost the building of facilities, as shown by the Developing Village Index (IDM). The measuring tool used as a barometer is the availability of facilities, social, economic, and environmental. Throughout 2015 - 2021 new milestones came with the emergence of independent, advanced, and growing villages, each with 3,095 villages and 11,713 villages. The number of villages left behind and very left behind decreased by 20,956 villages and 7,804 villages.
These indications strengthen the increase in the rural population, accompanied by a decrease in the rural population. This clearly shows that urbanization in Indonesia is dominant due to the progress of sustainable development in villages. Due to the village's more complete facilities, its status has become an urban area, so all its residents moved to rural areas and became urban dwellers. This new milestone has become a symbol in today's new era.
2.1.4 towards Food Independence
We often hear an old saying: clothing, boards, and food are basic needs we can live a life. Even though the derivative products of clothing, food and shelter have now developed in such a way, modernity has widened the meaning of prioritizing basic needs. This adage is still relevant as a top development priority, especially in agriculture (agrarian).
Although the realized food and drink industry has developed in such a way, one thing that must be underlined is that not all food and drinks are of the basic category. They can even support our health. We recognized the four healthy five perfect programs in the New Order era. However, the Ministry of Health focuses more on our food portions through other programs. The staple food we must consume daily in 1 plate consists of 50 per cent fruit and vegetables, and the remaining 50 per cent consists of carbohydrates and protein.
The question is whether we have met the needs as a nation independent for 77 years. Can all the people properly own purchasing power to fill the menu in the plate each? Have farmers, fishermen, and ranchers earned a decent life as a reward for their profession which supports our daily staple food menu? Has the state, through its development of political policies, prepared sufficient resources to sustain it? Need our staple food? We need to ask this reflective question to test the seriousness of our food policy.
It must be admitted that until now, some of our basic food needs still rely on the sweat of farmers from other countries. As recorded in BPS data, we are still importing soybeans, fertilizers, vegetables, wheat, meat, salt, and sugar. In addition to exporting fruit, we also import fruit. Likewise rice, we are still importing it, at the same time exporting.
On the other hand, Farmers' Terms of Trade (NTP) as an indicator to measure farmers' welfare continues to show improvement. The NTP index in 2019 was 100.52. Despite the 2020 pandemic, our NTP continued to rise to 100, 65 and, in 2021, rose significantly to 103.97. {Kompas, Tuesday, 10 August 2022).
Challenges ahead, we will face increasingly open competition as the rate of free trade penetrates many sectors. The transformation of agricultural businesses must be increased in line with technological advances and accurately read future opportunities and trends in food consumption patterns.
In addition, the conversion of agricultural land has occurred quite fantastically. In fact, since 2009, we have the law (UU) Number 41 the year 2009 concerning the Protection of Sustainable Food Agricultural Land. This law obliges the usage of agricultural land on agricultural land converted for public purposes. More than that, bled this provides criminal sanctions for those who violate this rule. In line with the decline in the area of agricultural land, labour sector agriculture also experienced a decline in terms of numbers. Agricultural land degradation contributes to the sector of food crops' Gross Domestic Product (GDP) falling.
Recognizing these conditions is where it is important to strengthen national food policies. Thus, the need to encourage staple food consumption relies on more than just rice. This political food choice is to diversify people's food consumption.
Bung Karno, the Father of our Nation, left a record of the culinary wealth of the archipelago in various flavours and forms. The book Mustika Rasa (1967) left various food dishes prepared from the natural wealth of the archipelago. This book will continue to inspire the Indonesian people. Aware that we will continue to experience a deficit in agricultural land, we must encourage the government to improve reform policies. Of course, this program is based in rural areas. Because President Joko Widodo's government has completed 94.2 million land parcels under the Complete Systematic Land Program (PTSL), this land certification program guarantees legal certainty or rights to land owned by the community.
Therefore, to support additional land and the supply of staple food production for the village, it is hoped that it will continue to show bright spots. Therefore, to meet the demand for irrigation water, the government is also continuing to improve primary irrigation canals to support the rice field water supply and flood control.
On the other hand, it must also be acknowledged that village funds have been able to stretch 231,709 kilometres of village roads, connect village bridges which, if assembled, could be 1.32 million meters long, and succeed in generating 10,480 village markets, 39,226 business entities. (Kompas, Tuesday, 16 August 2022).
2.1.5 Village Development Financial Resources
It cannot be denied that village funds are an important financial source in developing rural areas. Until 2022 Rp. 468 trillion in village funds has been "dispensed" to all corners of the country in Indonesia. In fact, in 2023, the government plans to allocate Rp. 70 trillion in village funds. Underlining this source of development finance, it can be noted that since it was launched in 2015, village funds have been used to build various infrastructures. The results of this development can be seen in the form of village roads, bridges, irrigation, water and clean water dams, and tourism objects in the village. The government also stated that village funds could reduce the number of poor people in rural areas. That matter can explain why in 2015, there were 17.94 million people in rural areas categorized as poor. Data from the Central Statistics Agency (BPS) in March 2022 showed that the number had fallen to 14.34 million people.
Regardless of the benefits of improving the welfare of rural communities, the development of village funds is a "vulnerable point" appearance deviation. In fact, well into 2022, there continues to be bad news, and information abuse of village funds continues to be the subject of mass media. NGOs concerned about the abuse of state finance, namely Indonesia Corruption Watch (ICW) records, from year to year, the number of cases of manipulation/embezzlement of village funds continues to show grand enhancement. In 2015 there were 17 cases recorded with a total state loss of IDR 9.12 billion. Furthermore, in 2021 there will be 154 cases, and the state will lose IDR 233 billion. Though, amount cases and financial losses can not be used as indicator level intensity of corruption crime. This is because these figures are influenced by various factors, for example, the expertise of supervisors and actors.
However, must acknowledge that the existence of a case shows a fact where abuse still occurs. ICW's records also revealed that most of the perpetrators were the village's self-government apparatus. Nothing new in the form and mode of abuse of village funds. The methods range from price mark-ups and quantities of goods and services, fictitious shopping and activities, and no accountability until the abuse of village funds for personal needs or groups.
These fraudulent modes have been anticipated with supervision from various parties. They include the Government's Internal Supervisory Apparatus at the province and district levels. The Supreme Audit Agency and the Corruption Eradication Commission, up to the assistant staff level professional who is also expected to participate in supervising and/or overseeing the use/usage of village funds. More than that, the supervisory role of the Village Consultative Body (BPD) is also highly expected. BPD Roles and Functions
In the capacity/authority as the representative of the village community, the supervisory function of the BPD is very urgent and strategic. Needunderstood and underlined were the purpose of village funds is to accelerate the improvement of the welfare of village communities. In addition, the BPD is also expected to represent the aspirations of the people in the village. With thereby, its existence can "bridge" the two directions, namely the government as the executor of the use of village funds (servants) for development, as well as the people as the subject of development who enjoy the results of village fund assistance in the form of a development village.
However, it is a shame because, as set out, the supervisory function of the BPD has yet to be implemented as such should. It is still a formality rather than a BPD's actual function. In fact, what is the aspiration of the people that should be excavated regularly transparent and championed by BPD.
Although it must be realized that the BPD function is not the optimal fault of internal BPD itself, but also community factors that do not understand and are aware of their interests to develop the village so that people attach the right to convey their aspirations to the BPD Institution.
So, pseudo-community participation and the need for understanding the role/function of the BPD must be continuously enlightened to the public. With more community knowledge, initiative, caring and even the courage to fight for their aspirations. Here is one milestone: a new implementation of development in the new era today. People cannot be passive, silent and only spectators of development. Nevertheless, must be active, speak out and work hand in hand (Cooperation) with the BPD entrusted.
In the new era, village fund assistance is a source of village financial capital in developing rural areas. Therefore, increasing community participation can be improved. Both at the level of awareness of BPD members about their role as supervisors and disclosure of information from the village regarding budgets and programs. Transparency Information and ease of access are important in preventing behaviour inflating budget and the emergence of constraints or other problems such as fictitious projects.
So, optimizing the implementation of the roles and functions of the BPD is an important milestone in using village funds effectively and efficiently. However, the effectiveness of the use/utilization of village funds is the "key word" to achieve the expected goals.
2.1.6 Aspects of Education in the Village
Organized national education, according to Article 31 Paragraph (3) of the Constitution of the Republic of Indonesia, is nothing but education that increases faith and piety as well as a noble character in the context of educating the life of the nation. That is, human intelligence in Indonesia must first have faith, piety, and noble morals so that the purpose of developing/embracing science and technology is balanced with the appreciation, understanding, and practice of faith and piety to God YME.
Underlining the affirmation of the constitution as the most important manifestation of human life guaranteed by the constitution is a problem in education. Therefore, talking about the population is discussing more than just the number. It doesn't mean that the population is abundant, but more than half of them have a low level of education and go to schools with below standard duration (Abustan, Education for Citizens' Fundamental Rights, 2021)
The importance of education overpowers the natural wealth factor. Because of natural wealth, it is undeniable that vice versa can also be a curse. We commonly know that because of natural wealth, such as coal and oil, a country depends on its economy by selling raw materials. Then, this country should have improved its citizens' education level. This can be proven when more than half of the maximum workforce only has a junior high school diploma. As a result, their productivity could be higher, and innovation could be better, so the consequence is that the country will eventually become a market for imported products.
For this reason, in order to overcome this problem, namely the low level of education of our workforce in Indonesia. Thus, early childhood education or abbreviated PAUD, is an important thing to realize in Indonesia. Therefore, it is time for Indonesia to pay serious attention to ending discrimination against PAUD teachers.
Indonesia is fortunate to have a Minister of Education, Culture, Research and Technology in this context. He seriously addressed PAUD in the revision of Law Number 20 of 2003 concerning the National Education System. This revision has been included in the national legislation program since December 17 2019. Therefore, it is very appropriate for Minister Nadiem's policy to revise the National Education System Law in one breath with the revision of the Teacher and Lecturer Law and Law Number 12 of 2012 concerning Higher Education. (Media Indonesia, Podium, Monday, March 7 2022). Fundamental changes in the education sector are indeed taking place, especially matters of a substantial nature, bearing in mind that in the previous arrangement, education for citizens was voluntary, as was the case for the state's role in its implementation. So, after the changes to the 1945 Constitution were made, education became imperative for citizens and the government as the provider of education (Anwar Usman, 2019).
Even though there has been a fundamental change, it still raises concerns about the management of education on various fronts, so it is considered to be experiencing disoriented, urgently corrected as
soon as possible to the right track (on the right track). For example, why with a very large education budget - at least 20 per cent of the state and regional budgets, our education is rated the lowest globally. Why is the teacher certification program costing hundreds of trillions, but the results are the same as without the certificate 6 program (Hafid Abbas, Kompas, 2019).
The portrait of education in Indonesia, historically, can be traced and/or traced as undeniable facts, such as traces of the rise or efforts to fight against discriminatory treatment, on May 20 1908, found its culmination with the birth of the Boedi Oetomo force which emphasized that education is the realm of public and as a means of struggle.
The above contains the spirit and enthusiasm of the struggle against ignorance and backwardness. Since Boedi Oetomo's generation, it has been contained in its statutes which emphasize the need for educational efforts in the broadest sense in order to uphold human ideals.
Indeed, the issue of education is not only about the budget alone. As we know, the issue of coordination between state institutions is also an important part of the success of education management. Because of that, the education problem is the domain of the ministry of education and the central government alone and several other ministries.
More than that, regional governments also play a role similar to the Regional Representatives Council (DPD) as mandated in Article 22 D of the 1945 Constitution. According to the author, there are at least two main issues in education management apart from issues that can later be explored in discourses - separate discussion.
The first issue concerns mechanisms and work systems among related state/government institutions managing education budget and output to achieve synergy and continuous work. Second, it correlates with the development of a national education system. The development of this system is not only related to increasing the intelligence and intellect of the nation's children but also to increasing faith and piety as well as a noble character as a special nation. This matter is stipulated in Article 31, paragraph (3) of the 1945 Constitution. Referring to these two main issues, it must be admitted that it has yet to reach its ideal format. This condition, of course, is a challenge for all of us to continue to improve and improve existing deficiencies.
The problems surrounding our education are interesting to listen to the opinion of Nelson Mandela, who once said that education is the most powerful weapon to change the face of the world. Singapore, although it needs more natural resources and its area is smaller than Samosir Island in the middle of Lake Toba, does not even have a source of drinking water. However, being the most prosperous and developed country in the world. Because this country has managed to manage education well.
Likewise, South Korea (South Korea). In the early 1970s, South Korea's per capita income was under 100 US dollars, while the Philippines was 700 US dollars. Currently, South Korea's per capita income is US$28,900. Korea's advancement in education has brought it from seven times poorer to seven times more prosperous. From the Philippines in a relatively short time 12. (Hafid Abbas, Opinion column, Kompas, Saturday, January 26 2013).
Even more worrying, the impact of national education could have visibly enhanced the quality of the nation's human resources. The UNDP report explains: that IndexHuman Development Indonesia is in 103rd place. Furthermore, the Trend continues to move down to 109. In contrast, Singapore is uphill from the 34th order to 24. Even the CountryVietnam Rises From Sequence 121 to so 108th that it surpassed Indonesia's position.
For this reason, national education has failed to play a role as an adhesive for the social cohesion of society. Our homeland, known for its natural beauty as an emerald equator, is also known for its wealth of high cultural heritage values. However, for more than one decade, this last one is often dotted with social unrest, anarchism, and various acts other cruelly related to the struggle of students against democracy. Finally, social conflicts often occur in various regions. Even recently, the campus world has never stopped agitating with demonstrations which often end in brutality. The problem of education and human democracy has long been an important study of the Department of Out-of-School Education in the framework of lifelong learning for the continuation of development. UNESCO has a separate body, namely the Institute of Lifelong Learning Centered in Hamburg,
Germany, which studies aspects-these aspects within the framework of sustainable development (sustainable development) 13 (UNESCO, Letters to Future Generation, pp 133-140. Within that framework, the rise of the Indonesian nation which has been in a continuous process with all the ups and downs of its long history of struggle needs to be studied from these two important dimensions, education and democracy.
2.1.7 Public Health Aspects
In fact, the constitutional mandate has emphasized that everyone has the right and obligation to receive health to optimal degrees. Of course, including the people who live in rural areas. That is why, improving the degree of health must be continuously pursued to fulfill a healthy life. Whether they are sick or not, every human child needs health care. They basically want to stay physically and mentally healthy. In fact, some people want a higher degree of health.
Thus, the health factor is one of the sectors whose quality must be improved, so as to create superior human resources. In fact, the government should make health regulations (Perda) that are able to bind and make people adopt a healthy lifestyle.
Therefore, reforming the health sector must involve various parties. Say like the environmental and social sector where the availability of clean water, hygiene facilities, housing and a healthy environment, as well as public awareness are important factors in health. That is, it is impossible to stand alone to solve these health problems. Therefore, it becomes something essential in building to provide social justice to all Indonesian people, including those living in rural areas. Referring to the opinion of scientists from Harvard University in his book "Capitalism, Democracy, and Welfare" states:human Resources (HR)is the source of national strength , and HR is wrong, an important thing influential for one Country 7. (Human capital rivals).
In Indonesia, health insurance is mandated in the 1945 Constitution of the Republic of Indonesia in particular Article 28 H paragraph (1), paragraph (2) and paragraph (3) ,as well as Articles 34 paragraph (1), paragraph (2), and paragraph (3). Efforts to realize public health insurance information The 1945 Constitution can be examined through the treatise on the establishment of the 1945 Constitution.
Thus, it can be concluded that when people's health is maintained as well as possible, then naturally there will be no poor and neglected children who are the legacy of the former colonial government. Awareness of the realization of social welfare development and the realization of public health insurance in accordance with the goals of the founders of the State Listed in the preamble 1945 Constitution Started to grow back after reforms were taking place. The emergence of shared awareness that the norms of the old 1045 Constitution are no longer sufficient to guarantee protection for improving people's welfare. So that when the reform took place, demands for changes to the 1945 Constitution could no longer be avoided. One of the amendments to the 1945 Constitution meant to provide guarantees for protection of health insurance in particular and social security in general, was the birth of Article 28 H after the second amendment to the 1945 Constitution. The dynamics of the development of the Indonesian nation have created challenges, as evidenced by the formation of the Social Security Administration Agency Law (UU BPJS). The establishment of a social security administering body provides an opportunity for all people wherever they are, regardless of their activities and work, regardless of their social status, whether rich or poor, except for those who are serving sentences in correctional institutions, will receive health care insurance.pension plan and pension guarantee, work accident insurance, and death insurance, wherever and whenever in all corners of the country including remote settlements (village). Thus, every citizen of Indonesia will later feel the benefits guarantee health, benefits of health services for illnesses suffered, mild or severe, requiring long or short treatment time according to standard health services Indonesia diagnosis related group (Ina DRG) which classifies types of disease with standard fees set by the government. That is the dynamics of the development of health globalization in Indonesia. (Taruna Pledge, 2016).
This development will automatically have an impact on the development of health services in the village. The challenge in the health sector in the future is the emergence of various new diseases,
due to mutations of various types of viruses and bacteria, as well as the impact of changes in environmental conditions and human lifestyles. In general, epidemics of infectious diseases are now developing which cross national borders. Various types of diseases such as HIV / AIDS, cholera, and SARS. The range of the threat is not only to the place of origin of the disease, but also to spread to become endemic, even a very dangerous pandemic like what is currently being experienced by the Corona Covid-19 pandemic.
Finally, various shifts in existing conditions have also occurred in the regions, thus requiring a special strategy for the government in an effort to protect, protect and provide services to its people in the health sector in a comprehensive manner. So, to respond to this reality, inevitably the local government up to the village administration level must have various tips and breakthroughs. Some tips as efforts that can be instilled in the community are: (1) regarding the importance of seeking treatment or going to the hospital if sick, (2) the need for the community (patients) to convey openly (honestly) what is their complaint, (3) the need to instill it in the community to always live clean and maintain health.
2.1.8 Gender Equality and Child Protection
Rural and rural women are an ecosystem that is inseparable from the natural life of rural communities, including women's (community), and have a close relationship with the employment sector outside. Because of the current conditions, women are also required to contribute (contribution) income (added value) for the smooth running of the family economy. Thus, the presence of development which is based on improving the quality of women's and children's resources is expected to become a new epicenter for development based on fulfilling women's rights. Especially the deep reality government in the village, there are many female figures who become village heads in all regions in Indonesia. Even though it is realized that even though Indonesian women have access to Bureaucracy (level of public service participation), it does not continue with high participation of women in economic activities. That is, despite gender participation in education, gender equality has not been fully achieved. This is closely related to the norms and practices prevailing in society regarding the roles of men and women influencing opportunities for women related to education, profession, and access to infrastructure.
Several factors lead to low gender equality in the village, including the too early age of marriage and the unequal distribution of child-rearing responsibilities. International Women's Day IWD report) as well mention factors structural like many women work in the informal sector and other economic activities productivity All of these make gender equality important. Gender equality in education can be achieved through three things, namely the right to education (right to education), rights in the educational process in the environment that supports gender equality (right within education), and the right to educational outcomes that supports the attainment of social justice (rights through education) (EFAGMR 2003/2004).
In addition, the right to education at this time may have begun to be achieved with the high participation in education by women. However, many are still necessary rights in the educational process. There are still many textbooks that do not provide examples and models that support gender equality. One of the studies conducted in Indonesia and other Muslim countries found that even though the depictions of women and men were equal in number, the depictions were still ordinary (Assadullah, 2020). For example, in textbooks, female characters are more often depicted and placed in the context of domestic work, while male characters are in the context of professional work. This gives a strong indication that in the educational process,stereotyping gender creates a gender bias that operates through normative standards that encourage rejection and social sanctions (Heilman 2012). Gender stereotypes related to professions man-men and women's professions in textbooks give rise to gender bias and norms regarding profession selection. Women who choose "masculine professions", for example, can face social sanctions and rejection from their environment. For that, we still have to fix the norms related to the role of women in terms of profession, role in society, and roles in the domestic sphere including child rearing. In fact, more than that, policy
changes are also needed that are friendlier to women related to their roles and needs. For example, policies that make it easier for women to return to work after a break from caring for children. In the school context, it is also always helpful for female teachers to obtain care services for their children. So, in the end it really takes flexibility and willingness on the part of school administrators to see women's role in the domestic sphere not as a rival, and this domestic role is also not always attached to women. Thus, slowly the norms that are gender bias can be changed and gender equality can be achieved and established in community life.
Now, women-friendly and child-caring villages, for the long term can also be a tool to help resolve issues surrounding women and children. Therefore, women's empowerment and child protection must be a government priority program. This was emphasized by President Joko Widodo who mandated the PPPA Minister to implement five priority programs related to women's empowerment and child protection 9 (Kompas, Humanities, Wednesday, June 9, 2021). Understanding women's history has always been something of interest, so it's no wonder it has become academic consumption. Thus, a center for women's studies appeared on campus-Campus, courses gender offered, seminars and "research" are encouraged. However, the "kartini-kartini" remained untouched. Not because they are a fringe, abstract, and nebulous group, but because academic intelligence and theoretical tools are unable to touch them.
Kartini's voice is still heard by anyone who seeks the truth. The state has the opportunity to open up the truth to "straighten" and interpret the "Kartini-Kartini" who are beginning to be trapped and trapped in the name of industrialization and modernization. Through the momentum of April 21 as the anniversary of the birth of Raden Ajeng Kartini, one of the symbols of women's emancipation who fights to stop child marriage. As we all know, the Covid-19 pandemic has increased the number of child marriages. The government in the area (village) must be concerned and committed by showing a firm attitude not to give permission to carry out marriage.
The Covid 19 pandemic is strongly suspected of causing an increase in the number of child marriages, especially girls. Economic difficulties are one of the common reasons. Even before the pandemic, parents married off their children. The impact of the pandemic exacerbated that condition. By getting their children married right away, parents feel freed from the responsibility of supporting one family member. In 2018 Indonesia is included in the 10 countries with the highest absolute number of child marriages in the world.
Marrying children, especially girls, in some parts of our society is considered to protect children from sex outside of marriage. Entering the second year of the coronavirus outbreak, there are almost no face-to-face school activities. Some children do not have enough activities to divert their biological needs to more useful things, which they usually get through the learning process at school. There are still residents who consider it taboo for girls to marry after the age of 18. This view puts pressure on girls and parents, despite the risk of divorce.
The detrimental effects of child marriage are often pointed out. The risk of death for mothers giving birth to children, as well as cervical cancer. Babies born are mostly stunted (tengkes). Women who are too young to have children are also not ready to raise children when they want to play with their friends for a long time.
In fact, more than that, girls who marry early are vulnerable to experiencing violence from partners and parents. Both women and men usually cannot continue their education, so their potential is not maximized because it is not developed. Not only do children lose the opportunity to have a better and prosperous life. However, the state and society also lose the human resources needed to improve people's welfare.
Therefore, we support the prevention of marriage as an important aspect for the welfare of society, so that the movement of community leaders and regional heads must be responded to/supported. Because, however, in addition to increasing the welfare of society so that poverty No being the cause of child marriage, a cultural and social approach must be taken. Any religion teaches that children are human beings and therefore children's human rights must be upheld, including protecting children from young marriages (Editorial, Kompas, Opinion page, 21 April 2021).
CONCLUSION
In practice, de facto efforts to build the well-being of the people in the village are continuously carried out. An important aspect of concluding is the alignment of development policies mostly oriented towards the regions (village). And regulatory protection through instrument law No. 6 of 2014 concerning Villages. Equal distribution of education to the villages must be carried out by emphasizing education to increase faith and piety as well as morality noble to educate society's life. It means Indonesian human intelligence must first believe, be pious, and behave nobly so that the goal of developing/applying science can be achieved down to the lowest layer of people's lives. Therefore, the quality of education must be given to residents in the village. The constitutional mandate has emphasized that everyone has the right and obligation to obtain optimal health. Of course, including the people who live in rural areas. That is why increasing the degree of public health must be continuously pursued to fulfil a healthy life. Create the right to support educational outcomes and achieve justice in the village. We still have to fix the norms related to the role of women in matters related to professions, roles in society, and roles in the domestic sphere, including child-rearing. The government's commitment to accelerate development in the village is highly expected as a manifestation of community life towards a prosperous and socially just life order. Nevertheless, of course, the prerequisites must fulfil and carry out important aspects of people's lives because that is the "goal" of the life of the nation and state. ACKNOWLEDGEMENT
We would like to thank the Universitas Islam Jakarta who always encourages and guides the author in completing this research.
REFERENCES
[ 1] Abustan, Pluralism and Equality in the perspective of Human Right in Indonesia, Vol 3 No 1 (2023) March 2023/Articles
[2] Abustan, Relasi Pemerintah Pusat dan Daerah di Tengah Wabah Covid-19, Unhas Press, Cetakan ke 1, 2020. ISBN: 978-979-530-280-3
[3] Abustan, Relasi dan Proteksi Hukum Perlindungan Konsumen, Edu Publisher, Cet 1, 2023. ISBN 978-6236187-83-8
[4] Abustan, Rusmulyadi, Memperkokoh Eksistensi Konstitusi Melalui Ketahanan Pangan, Jurnal Sosial dan Teknologi (Sosteck) Volume 2, Number 11, November 2022, p-ISSN 2774-5147; e-ISSN 2774-5155
[5] ...........Mengukur Kehidupan Berbasis Keadilan, Society 5.0 Leading In The Borderless World, CV Bidung
Nusantara, 2021, ISBN: 978-623-6658-80-2
[6] ...........Hak Asasi manusia , isu isu kritis dan kontekstual nilai nilai HAM , Raja Grafindo Persada 2021
[7] ........... Considering Children's Rights in the Constitutional Perspective, A Reflection of 2022, A look
Ahmad to 2023, cetakan pertama 2023, ISBN 978-623-8091-18-8, penerbit Bildung
[8] AksanulIn,am&Latipun, 2020, New Normal, Multidisciplinary Studies, ISBN : 978-623-94285-2-5
[9] Abbas Hafid, Meluruskan Arah Pendidikan, Kompas 2019, ISBN: 978-602-412-754-1
[10] AsshiddiqieJimly, Konstitusi Kebudayaan, Instrans , 2017, ISBN: 978-602-6293-26-8
[11] Anwar Usman, Membangun Peradaban dan Ketatanegaraan ,Cetakan ke 1 2019
[12] Bagir Manan, Nilai-nilai Dasar Keindonesiaan dan Negara Hukum, Cetke 1 2019
[13] Yudi Latif, Pancasila Antara Idealisasi dan Realitas, Cetakan ke 1 2019
[ 14] SubiaktoTjakrawerdaja, Sistem Ekonomi Pancasila, Raja Grafindo Persada, cet ke 5 [ 15] Latifah, Tanggung Jawab Keadilan Sosial, Indonesa social justice network, 2016
[16] TarunaIkrar, GlobalisasiKesehatan Indonesia, RagamGagasan Alumni HMI, 2016
[17] IwanNurdin&JA Pasha, Pengarusutamaan gender, Jurnal Perempuan, vol 24, 2019
[18] Mahfud MD , Moh . 2013 , Perdebatan Hukum tata negara oasca amandemen konstitusi , Jakarta : Raja Grapindo Persada
[19] Rakhmat Hidayat, Paradoks Politik Pendidikan Kita, JurnalGagasan , 2010
[20] Komaruddin Hidayat, Hilangnya Rasa Malu, Jurnal Gagasan, No 1, 2016
[21] R Sitti Zuhro, Demi Kemaslahatan Bangsa, Cet 1, 2016, PT Penjuru Ilmu Sejati, Hal 148
[22] Kompas, Humaniora, Desa Menjadi Tumpuan Penyelesaian, Rabu, 9 Juni 2021
[23] Tajuk Rencana Kompas, Hentikan Perkawinan Usia, Anak, Opini, Rabu, 21 April 2021
[24] Media Indonesia, pembangunan transformasi digital,Kamis,24Juni 2021, Hal 3
[25] Media Indonesia, Hal 7, (Kolom Opini, Senin 7 Maret 2022)
[26] Suwidi Tono, Basis ketahanan pangan nasional, Kompas, Kamis 16 Maret 2023
