SAFEGUARD OF THE POLICE INTELLIGENCE AGAINST COURT DECISIONS REGARDING THE OBJECT OF THE DISPUTE

This study aims to analyze the effectiveness of safeguard of the Police Intelligence against court decisions regarding the object of the dispute in South Sulawesi Province. This research uses an empirical study method which is also called sociological legal research because it sees the application of law as a factual condition in the social environment and its relationship with legal norms. This research was conducted in South Sulawesi Province, with 92 respondents. Data analysis in this study uses a qualitative approach, which processes the output of the questionnaire, and is presented in the form of frequency tabulation (F) and percentage distribution (%). The results of this study show that the safeguard of South Sulawesi Regional Police Ditintelkam in the execution process regarding the object of the dispute in South Sulawesi Province based on Perkap BIN No. 2 of 2013, can be assessed from four aspects, as follows: Safeguarding Targets; Safeguarding Implementation; Coordination and Administration; and Supervision and Controlling. Data acquisition of all indicators based on safeguard aspects of the South Sulawesi Regional Police Ditintelkam still shows less effective results. Seriousness is needed in increasing the safeguard effectiveness at the South Sulawesi Regional Police Ditintelkam to ensure the process of executing court decisions regarding the object of the dispute can be more effective in the future.


INTRODUCTION
Provisions for the Preamble to the 1945 Constitution of the Republic of Indonesia state that Indonesia is a state of law (rechtsstaat) so that the legal position must be placed above all else. 1 The law covers all the behavior of citizens. Furthermore, the rule of law requires the government to serve the needs of all its citizens, without discrimination based on the origin, religion, or social strata of its citizens. 2 The realization of order and balance in social life is the main goal of law enforcement so that the interests of every citizen must and remain protected. 3 Furthermore, there are three elements in law enforcement, including legal certainty, the usefulness of law, and justice. 4 These three elements are practiced in court decisions, one of which is a court decision regarding the object of the dispute. The court's decision adheres to the force of execution which is a manifestation of permanent legal force so that each execution of a court's decision cannot be postponed. 5 The execution is not carried out if the losing party voluntarily accepts and implements a court decision. If not, execution can be carried out even in the form of forced execution. 6 The source of law inherent in the power of execution, according to Djazuli Bachar consists of: 7 1. Civil Procedure Law; 2. Other relevant laws; 3. Regulations of the Supreme Court of the Republic of Indonesia; and 4. Circular of the Supreme Court of the Republic of Indonesia.
On the other hand, to ensure the execution process runs as expected, it can involve the police to provide safeguarding and protection for the executors of court decisions regarding objects of dispute. 8 This is as based on Article 15 paragraph (1)  "In implementing its tasks ..., the State Police of the Republic of Indonesia shall authorize generally to provide safeguarding assistances in the hearing process and the execution of the court ruling, other institutional activities and public activities." Based on the above provisions, the police in provide safeguarding assistance must involve the Police Intelligence Agency based on Article 3 Law of the Republic of Indonesia Number 17 of 2011 on State Intelligence (hereinafter referred to as Law No. 2 Qamar, Nurul, et al. (2018) 17 of 2011) regulates that "essentially, State Intelligence is the first line in the national security system".
Furthermore, safeguard is one of the intelligence tasks within the scope of the police, which is carried out by applying procedures, methods, techniques, and tactics, to create security and order in the life of the nation and state. 9 Therefore, the role of the Intelligence Police in carrying out their duties includes ensuring the safeguard of the implementation of the object of the dispute so as to create a condition of security and order in the community.
Based on the description above, this study aims to analyze the effectiveness of safeguard of the Police Intelligence against court decisions regarding the object of the dispute in South Sulawesi Province. The benefit of this research is the effort to find out the safeguard pattern of the involvement of the Intelligence Police during the implementation of the disputed object, especially in the South Sulawesi Province.

METHOD
This research uses an empirical study method which is also called sociological legal research because it sees the application of law as a factual condition in the social environment and its relationship with legal norms. 10 This research was conducted in South Sulawesi Province, with 92 respondents. Furthermore, the types and sources of data consist of primary and secondary data, where primary data is obtained directly at the research location through an interview process, while secondary data is obtained from research results using library materials such as Books, Scientific Articles, Legislation, official documents, and other people's writings that have relevance to the discussion of this study. Data analysis in this study uses a qualitative approach, which processes the output of the questionnaire, and is presented in the form of frequency tabulation (F) and percentage distribution (%).

RESULTS AND DISCUSSION
Execution has the same meaning as carrying out a decision (ten uitvoer legging van vonnissen), where implementation can be carried out "by force" with the help of law enforcement if the losing party does not heed the court decisions regarding the object of the dispute. 11 In general, the implementation of procedural rules related to the execution of court decisions regarding the object of the dispute in Indonesia is regulated in Staatsblad  to as HIR). 12 Furthermore, the execution process based on Article 197 paragraph (1) of the HIR regulates that: "If it has passed the specified maturity, and the person who was defeated hasn't fulfilled that decision, or if he was called correctly, but did not come, then the chairman because of his position gave orders by letter, so all properties are not permanent must be confiscated and if there isn't, or it seems like there aren't many properties of people being defeated until it is deemed sufficient to replace the amount of money stated in the decision and added all costs to implement the decision." The executor of the court decisions regarding the object of the dispute, based on Article 54 paragraph (2)  If it is deemed the execution process will present an unsafe disturbance/condition for the object of the dispute, then the executor can ask the police for help, 13 as based on Article 197 paragraph (9) of the HIR regulates that: "Clerks or person appointed to replace it, according to the circumstances, according to circumstances, can leave properties are not permanent or some of it was in the storage of the person whose properties were confiscated, or instruct to bring several properties to the appropriate storage area. In the first case, so he told the village police, and the police must guard it so that none of the properties is taken away. Opstal Indonesia cannot be taken anywhere else." Based on the above provisions, the involvement of the police is a must, as according to Satjipto Rahardjo that: 14 "The police are the tools of the state whose duty is to maintain the security and order of the people, provide protection, and provide protection to the public." In the context of the effectiveness of the duties of the police force considering that Indonesia is an archipelagic country, then based on Article 6 paragraph (2)  PerPolri No. 14 of 2018) was ratified. Furthermore, to ensure the maintenance of security in the regions, one of the functions of the Police is based on Article 4 letter b PerPolri No. 14 of 2018 regulates that: "In implementing tasks ..., the Regional Police enforce the implementation function of the security intelligence for interference prevention and preservation of national security" Furthermore, based on Article 1 point 18 PerPolri No. 14 of 2018 explains that: "Directorate of Security Intelligence hereinafter referred to as Ditintelkam is the implementing elements of the main task in the field of security intelligence at the Regional Police level under the Head of Regional Police." Research that has been carried out is related to the safeguard effectiveness of South Sulawesi Regional Police Ditintelkam in the execution process regarding the object of the dispute in South Sulawesi Province based on Perkap BIN No. 2 of 2013, the four aspects will be explained one by one, as follows:

A. Safeguarding Targets
Based on Article 4 Perkap BIN No. 2 of 2013 regulates that safeguarding targets of the State Police Intelligence of the Republic of Indonesia includes: a. people/personnel; b. object/material/installation/place/location; c. activity; dan d. data/information.
The results of interviews with respondents regarding effectiveness based on aspects of safeguarding targets of South Sulawesi Regional Police Ditintelkam can be seen in the following table: Based on the description of the results of the acquisition of data above, it can be concluded that effectiveness based on aspects of safeguarding targets of South Sulawesi Regional Police Ditintelkam regarding the object of the dispute in South Sulawesi Province still less effective.

B. Safeguarding Implementation
Safeguarding implementation consists of three stages and includes the safeguarding targets referred to in Article 4 Perkap BIN No. 2 of 2013. Furthermore, the safeguarding implementation is based on Perkap BIN No. 2 of 2013, among others as follows: 1. Article 12 paragraph (1), set about "safeguarding preparation stage of the people/personnel". 2. Article 13 paragraph (1), set about "safeguarding implementation stage of the people/personnel". 3. Article 14, set about "safeguarding termination stage of the people/personnel". 4. Article 15 paragraph (1), set about "safeguarding preparation stage of the object/material/installation/place/location". 5. Article 16 paragraph (1), set about "safeguarding implementation stage of the object/material/installation/place/location". 6. Article 17, set about "safeguarding termination stage of the object/material/ installation/place/location". (1), set about "safeguarding preparation stage of the activity". 8. Article 19 paragraph (1), set about "safeguarding implementation stage of the activity". 9. Article 20, set about "safeguarding termination stage of the activity". 10. Article 21, set about "safeguarding preparation stage of the data/information". 11. Article 22, set about "safeguarding implementation stage of the data/information". 12. Article 23, set about "safeguarding termination stage of the data/information".

Article 18 paragraph
The results of interviews with respondents regarding effectiveness based on aspects of safeguarding implementation of South Sulawesi Regional Police Ditintelkam can be seen in the following table: Based on the description of the results of the acquisition of data above, it can be concluded that effectiveness based on aspects of safeguarding implementation of South Sulawesi Regional Police Ditintelkam regarding the object of the dispute in South Sulawesi Province still less effective.

C. Coordination and Administration
Provisions coordination and administration is based on Perkap BIN No. 2 of 2013, among others as follows: 5. Article 25 paragraph (3), set about "Budget support is adjusted to the index and the needs of activities/operations safeguard of the Intelligence".
The results of interviews with respondents regarding effectiveness based on aspects of coordination and administration of South Sulawesi Regional Police Ditintelkam can be seen in the following table: Based on the description of the results of the acquisition of data above, it can be concluded that effectiveness based on aspects of coordination and administration of South Sulawesi Regional Police Ditintelkam regarding the object of the dispute in South Sulawesi Province still less effective.

D. Supervision and Controlling
Based on Article 26 Perkap BIN No. 2 of 2013 regulates that: (1) Supervision and controlling in the implementation of safeguard of the Intelligence structurally carried out by police intelligence officers. (2) Supervision in the implementation of safeguard of the Intelligence functionally done starting from Sponsor (SP), Agent Handler (AH), Principal Agent (PA), Support Agent (SA), and Agent Action (AA).
The results of interviews with respondents regarding effectiveness based on aspects of supervision and controlling of South Sulawesi Regional Police Ditintelkam can be seen in the following table: Based on the description of the results of the acquisition of data above, it can be concluded that effectiveness based on aspects of supervision and controlling of South Sulawesi Regional Police Ditintelkam regarding the object of the dispute in South Sulawesi Province still less effective.

CONCLUSION
From the description of the results and discussion above, safeguard the effectiveness of South Sulawesi Regional Police Ditintelkam in the execution process regarding the object of the dispute in South Sulawesi Province based on Perkap BIN No. 2 of 2013, can be assessed from four aspects, as follows: Safeguarding Targets; Safeguarding Implementation; Coordination and Administration; and Supervision and Controlling. Data acquisition of all indicators based on safeguard aspects of the South Sulawesi Regional Police Ditintelkam still shows less effective results. Seriousness is needed in increasing the safeguard effectiveness at the South Sulawesi Regional Police Ditintelkam to ensure the process of executing court decisions regarding the object of the dispute can be more effective in the future.