ONE NUMBER ONE CITIZEN IN INDONESIA: SOLUTION FOR PROBLEMATIC IN COURT EXECUTION ISSUES

Implementation of executions in civil cases in the Indonesian legal system hitherto still leaves legal problems, one of which is in the event that Execution Applicant is not aware of the assets is under collateral upon the execution request while Execution Respondent refuse to implement a final and binding court judgment. Therefore, the study aims to further examine concept of One Number One Citizen as a proposed regime. The study wields a normative juridical method with a conceptual approach that aims to explain the importance of the implementation of a new concept of One Number One Citizen in order to support the confiscation execution process. The result obtained that the One Number One Citizen concept was inspired by the Social Security Number policy of the United States, where every citizen has an integrated Population Identification Number managed by the population system of the Ministry of General Affairs that includes, among others: Personal Data, Transactions, Assets, Insurance, Police Records, whole community activities, varying from identification number, tax activities,


INTRODUCTION
One of the legal domains/regimes that interest the author as has been discussed previously is the Civil Procedure Law. Concisely explained, disputes that occurred in the civil law realm could be pursued in two methods of settlement, namely non-litigation as a form of dispute resolution outside the court, and litigation in the form of dispute settlement through the courts. Dispute resolution through non-litigation generally approaches the mediation method, where the disputing parties assign a neutral third party, (or can be appointed) a Mediator as an intermediary. 1 When the parties decided to compromise, the respective parties would execute a settlement agreement, to be further endorsed in court as Acta van dading. 2 While dispute settlement by litigation would be through processes and stages regulated in the laws and regulations, that ends with the enforcement of the judgment with permanent legal force (in kracht van gewijsde) or final and binding judgment.
Legal problems occur when the Executorial Respondent applied for an executorial confiscation (execution upon payment of a certain amount of money) on the permanent legal forced judgment. 3 Assuredly, the Execution Applicant could file an executional confiscation of the movable and/or immovable assets or objects of the Execution Respondent, in this respect, the Conservatoir Beslag. 4 However, the execution request is 1 often constrained in data collection of the movable or immovable property to be executed and the executorial confiscation could not be conducted. Hence it embroils difficulties for the Execution Applicants, then a solution is necessary in order to generate legal certainty and protection upon the applicant for the confiscated execution to be effective.
The aforesaid difficulties raise questions regarding the fulfilment of legal certainty and protection, notably to justice seekers in Indonesia as a constitutional-based State of law. Concisely, legal certainty and protection are still being fulfilled. The main issue in this article is the adversity upon the exercise of a court decision in processing the confiscate execution when the Execution Applicant cannot make an inventory of the assets belonging to the Execution. However, with the occurred problem, a solution is needed in order to achieve legal certainty and protection in the community, especially in civil procedural proceedings. Therefore, the author initiated the "One Number One Citizen" concept. The legal issue to be investigated is the impasse that the Execution Applicant encounter to when the inventory of the Execution Respondent's assets cannot submit an execution request due to the absence of the data on the Execution Respondent's voting assets that can be submitted to the court. The respective legal issue then will be researched further through a conceptual analysis approach or technique, in which this approach analyzes in depth a certain concept and its implementation to the public/objects of legislation.

Legal Certainty and Legal Protection in the Notion of One Number One Citizen
In a country that adheres to Rechstaat (State of Law), legal certainty and protection in the settlement of a dispute must be enforced. 5 In essence, the rule of law is a concept that bases the state and community activities on law, binding on the community and also on the organs of power itself, so that law is constantly enforced (law supremacy) based on the statute. 6 The principle of the rule of law shall continuously be reflected in the laws 5 Ramli, et. al, "Studi Kritis Terhadap Ragam Konsep Negara Hukum, Media Keadilan: Jurnal Ilmu Hukum", Volume 10 No. 2, 2019, hlm. 132-147. 6 Azhari, Negara Hukum Indonesia, Analisis Yuridis Normatif tentang Unsur-Unsur, Jakarta: UI-Press, 1995, hlm. 12. and regulations that must be embodied in the constitution as the grundnorm of a country so that later arbitrariness will not occur. 7 Numerous doctrines about the rule of law have developed in this day and age, for example, the rule of law doctrine adopted by the Anglo-Saxon system that was also initiated by Albert Venn Dicey. The rule of law doctrine is one of the aspects that underlies the establishment of the State of law approach. In summary, the doctrine of the rule of law that was initiated by Albert Venn Dicey got the state to have the obligation to uphold the rule of law with integrity. Shall the integrity be upheld, little wonder that integrity is measured on how compliance and solicitous the enforcement of the regulation, while the benchmark of integrity also objected to how assertively the state enforces the legality of the laws and regulations that would be practical to support the legal certainty. 8 The aforesaid doctrine of the rule of law is also endorsed by other objectives of law enforcement in state and community activities. The goal is realized if, from the implementation of the legality, the output ideally arouses legal protection for the citizens.
Concisely, the phrase Legal Protection consists of two terms, namely "Protection" and "Legal". Protection pursuant to Collins Dictionary is an official measure granted by the state intended to protect the rights and freedoms of society. 9 In general, the definition of protection according to Collin's dictionary indubitably implies that there must be a law that regulates such protection. A holistic definition of such protection appears in the Merriam-Webster Dictionary which defines protection as an act that actively provides assistance to preserve someone's rights, policing or aiding parties with low or weak bargaining power, and the state that assiduously secured the rights of its citizens. 10 In terms of law, the definition of protection is comprehensively apparent in Black's Law Dictionary, which defined protection in three different contexts. The first context of protection is defined as "Writ" or in Indonesia, coequal to "Warrant" issued by the King the King's discretion. 11 The King in this regard also acts as a judge that decides civil cases for the justice and certainty of the parties of the dispute. 12 The practice of the concept was newly constituted and proclaimed during the reign of King Henry II.
The second context is from a commercial law perspective, appearing as road certificates for seafarers to go to sea and trade in order to not be detained by the royal naval forces. In this context, ancient seafarers were required to have permission from the King for water voyages (for any purpose), and if it was proven that he did not have a permit, they could be detained by the royal navy at any time as deemed to have sailed against the law. The road certificate is generally obtained by seafarers or persons going abroad outside the country's borders by applying for it to a Public Notary. 13 In this context, the state tries to protect its sovereignty from an economic perspective.
The third context in the commercial law perspective is where the state tries to protect the citizens from contraband by providing a system of imposing customs duties upon commodities of foreign origin that are imported into the country. In addition to protecting its citizens, the purpose of the imposition of the import duty is to stimulate and develop domestic production to be able to compete with other foreign commodities. 14 Upon apprehending the definition of protection, it concludes that protection requires an active role of the state to maintain and oversee the implementation of the rights of a state. Furthermore, the phrase "law" alone contains disparate meanings with a common thread.
According to Sudikno Mertokusumo, the law is a set of universal and normative rules or principles. It is universal as it applies to everyone and is normative as it determines what ought to be done, should not be done, or the way something ought to be done. 15 Subsequently, a portmanteau of the phrase "Protection" and the phrase "Law", that has been presented by several experts, for example, Satjipto Rahardjo defined legal protection as providing protection for human rights that are harmed by others. 16  Philipus M. Hadjon argues that legal protection is an action aimed at protecting or providing assistance to legal subjects, through legal instruments. 17 Upon insight into each objective to be accomplished in the research (i.e. Legal Certainty and Protection), it concludes that states inherently need to support legal instruments, such as adequate legal infrastructure, law enforcement officers with integrity, a developing legal culture, establishment of legislation in accordance with the procedure, and legal awareness taking into account the materialization of rights and interests of justice seekers.

Concept in Indonesia
The present section would discuss the fundamental nature of the establishment of the One Number One Citizen concept. The phrase "one number one citizen" was coined by the author based on the concept of "Social Security Number" that was implemented in the United States. Therefore, the concept to be discussed in the study would be the social security numbers concept in the United States, with adjustments to legal traditions, legal culture, and administrative traditions in Indonesia.
The social security number often abbreviated as "SSN" is a nine-digit number assigned by the government to residents of the United States, residents who hold green cards, and legal immigrant workers residing in the jurisdiction of the United States.
The provisions regarding the social security number in the United States are regulated in Article 205 c paragraph (2) of the Law on Social Security (section 205 c (2) of the Social Security Act). The Act was validated in the 74th United States congress in 1935 and signed by President Franklin D. Roosevelt. The initial purpose of the law establishment was to combat unemployment, which at that time was happening a lot 17  However, upon the occurrence of the bubble economy theory, the stock market development in the United States reached its peak in August 1929, before abruptly "bursting" due to the imbalance of stock prices in the market with the current economic situation. The incident leads to hampered production and unemployment gradually increased, leaving the stock price to exceed the initial value.  Thus, the historical evolution of the social security number in the United States was in essence a forge of state resistance to combat unemployment and economic anomalies that occurred in the country. Hither, the state procured a significant role in protecting the citizens as a kind of responsibility upon "negligence" over the economic bubble that precipitated the great depression. This protection is carried out immediately, commencing with the ratification of the regulations to foremost ensure legal certainty, forge ahead the establishment of a state agency that takes care of such matters, and then implemented quickly and precisely by issuing 25 (twenty-five) million numbers. This has a contextual difference with Indonesia in employing the notion of one number one citizen, which would be further explained by the author in the following section which is an integral part of this chapter. However, the discussion in this section is not actually a discussion of efforts to adopt (legal transplant) the Social Security Numbers concept in the United States law to the Indonesian legal system, instead, an effort to alter the concept of population registration to facilitate someone seeking justice through the civil court path.   These two concepts are evolving in different directions. For instance, the rule of law in England recognizes a lone kind of judiciary and does without distinguishing between civil, criminal, and even administrative courts. 34 The legal system breathes in common law states particularly in economic development. 35 In alteration with the development of the rechstaat concept adopted by the state of a civil law tradition which segregates the legal system as civil, criminal, and administrative courts notably an absolute judiciary authority. 36 Despite being derived from two different legal traditions, both of the theories are indistinguishable with great resemblance: providing legal certainty and protection of human rights and restricting the demeanour of authorities through law.
The following issue is the required implementation mechanism in attaining a good state of the law in Indonesia. As aforementioned, a good state of the law is restricting the authority's power through the law, hence, providing and ensuring the protection of human rights. The protection of human rights is not enthralled by the inalienable rights (right to life, freedom of pain, right to education, right to equal treatment, and so forth), along with material rights which concern the author on the implementation of the concept of One Number One Citizen.
The concept of material rights as indivisible rights in the protection of human rights is an anon-developed concept commencing with the intellectual property rights legal regime. However, in due course, the author attempted to redevelop the in a broader direction, notably the legal protection of the applicant rights in assets execution of the confiscate execution respondent.
As explained in the previous subchapter, there are two major interrelated arguments on the reason that the construction of the One Number One Citizen concept could represent proper enforcement of Indonesia's rule of law which are elucidated as: (a) Legal Vacuum. In accordance with Article 1 of the subsection that declared Indonesia as a state/rule/law, Indonesia committed to the establishment of a harmonious and orderly society as restrictions on each and every individual behaviour appertaining to 34 Philipus M. Hadjon, Perlindungan Hukum Bagi Rakyat, Jakarta: Bina Ilmu, 1987, hlm 5. 35 Lord Bingham, "The Rule of Law", Cambridge Law Journal, Volume 66 No. 1, 2007, hlm. 67-85. 36 Ibid. system/provision/law. 37 The respective provision is intended as boundaries of people's behaviour. However, the provision is difficult to be achieved in practice due to forgery rules and regulations constituted by the legislative institution which denuded the authentic situation granted to the social dynamics. 38 The aforesaid absence of law notably the legal vacuum elucidated into two definitions that are unregulated in the constitution which resulted in a legal void upon the technical conditions as the abstruse situation shall be further construed through concrete and technical derivative regulation. 39  Office. Indeed, the implementation system of the NIK in the education sector is already integrated manner. Consistently, the health sector also appoints the population count an important document queried by the Population Service. In providing assistance to the community, the Department of Social Affairs required valid population data from the Department of Population to be utilized in the organized activities.
However, regardless of appearing excellent, the author argued the management of the NIK which is entrusted to service under the local government, is inadequate in generating a good mechanism for the implementation of the One Number One Citizen concept. As contemplating the concept of social security numbers in the United States, the numbers issued generate by a sole integrated agency, ergo assigning the local government authority to carry out the process, without integration.
The author initiated that the central agency that regulates such matters shall be reinstated entirely to the Ministry of Internal Affairs through the Ministry subsidiary unit.
The concept could also be implemented through the establishment of a State Institution subordinated to the Ministry of Internal Affairs. Thereafter, the institution will entirely regulate the issuance of the NIK to Indonesian citizens, without the need to register with the respective Civil Registration Offices of the regional governments. This would ease the government in maintaining and supervising the implementation of the NIK issuance and utilization for community-based government policies and public services and the One Number One Citizen concept would be implemented.
Subsequently, the NIK of the Indonesian citizens would not be used solely for the aforementioned activities but also utilizes in the process of tax applications, health, driving licenses, insurance, health insurance, banking transaction flows, buying and selling, property registration, and so forth. Nonetheless, the NIK consisted of personal data which could not arbitrarily be published by any party. Therefore, a comprehensive mechanism and regulation are required.
The author suggests that confidential publication could be penetrated through judicial power. Denoting that request for personal data from Indonesian citizens by the law enforcement agency shall obtain approval from a judicial institution through a court decision. Hence constantly regulated by the respective laws and regulations of the law enforcement agency, nevertheless of no mechanism that allows individuals or legal entities to apply commensurately as the law enforcement agencies. Forsooth, the urgency of obtaining an individual's personal information by any individual or legal entity is equally significant in law enforcement. For instance, in the application of an asset execution of the respondent by the applicant of the confiscate execution.
Through the undiscovered assets of the respondent, enforcement of the law and fulfilment of the rights of the applicant are restrained. Therefore, the author argues that a person and/or a non-law enforcement legal entity shall be entitled to request a person's personal data through the court's approval (court decision) prior to the permanent legal force court decision to ascertain the possible executed assets to fulfil the respective rights.
The underlying mechanism could work upon application of the Execution Applicant being granted permits to execute the assets through prior access to the Execution Respondent's personal data that is administered by the Ministry of Internal Affairs (One focused on computer-based information systems. The expected objective to be obtained through the utilization of the information system is to generate accurate, quality, and punctual information. The information system is a computer-based system that provides information to multiple users with similar needs. Users are usually incorporated in a formal organizational entity, notably a department or agency of a government institution which branched into a directorate of fields, and sections to the smallest subsidiary unit. The information describes the organization or one of the main systems in the previous, present, and future occurrence of the organization. The information contains a meaning, namely processed data that is converted into consequential one that could be used for decisionmaking. (e) Budget Allocation. Budget allocation is fundamentally a matter of deciding various choices or priorities to do or not to do something. Budgeting is assumed to be a rational, economical, and politically free choice. In practice, budgeting is closely tied to politics, which involves bargaining positions between various powers with authority in determining important and trivial ones (budgeting is power and politics). Budgeting presumes as a political activity, in which the processed and produced are political products of the involved and the problems along with the arisen conflicts in the arrangement and appointment of the budget allocation. Therefore, the implementation of the One Number One Citizen shall hold a strong political bargaining position which is obtained not by legal mechanisms in general, but through political mechanisms that undergo a process of lobbying and political bargaining. This is deemed necessary to support the concept of One Number One Citizen as a principal public policy. (f) Inter-institution Coordination.
Apropos to the aforesaid obstacle, in order to achieve high bargaining political position required good coordination between institutions which will further support the political bargaining process. This cannot be ruled out in the implementation of the Concept Of One Number One Citizen, as a high bargaining position policies will be prioritized and allocated a great budget. Budgeting is principal in determining the success or failure of a policy and further resolute the extent of accomplishment of the successful policy. To be obtained, it is necessary to have good coordination between institutions.

III. CLOSING
The application of the concept of one number one citizen the author initiated is generally aroused by the concept of social security number that essentially aimed at ensuring the fulfilment of rights and protection of all elements of society. The concept would be administered by an institution under the executive branch, such as the concept of social security numbers, while the Ministry of Internal Affairs is the managing institution of the one number one citizen concept as difference. The Ministry of Internal Affairs will administer the respective aspects altogether since the issuance to the utilization of the NIK as the concrete implementation of the one number one citizen. The Ministry of Internal Affairs could adopt the United States' approach through the establishment of a subsidiary institution that notably administers the implementation of the one number one citizen through NIK. Furthermore, the NIK would be integrated and utilized as the identification number for all community activities, commencing as the identity identification numbers, tax activities, banking transaction activities, vehicle driving activities, property registration activities, and so forth.
Furthermore, the Ministry of Internal Affairs would cooperate with the regional governments of each province to collect data from each resident. The data of the resident would be collected through data obtained from the civil registration office when the residents make ID cards or by using the already existing data. The NIK-administered system of the Ministry of Internal Affairs could not be interfered with by an unauthorized party without a judicial institution permit through a court's order. Hence, the judiciary also has an important role in the implementation of the One Number One Citizen. The policy could also be used by the applicant for confiscation executions over undisclosed assets of the confiscation execution respondent. In a facile approach, in the confiscation execution application, the applicant shall plea that the Head of the District Court may grant permission to access (shown only access and cannot be copied) the One Number One Citizen system administered by the Ministry of Internal Affairs. Therefore, the guarantee of rights and the implementation in the State of Law could be well regulated through the one number one citizen concept.
In addition, the political will of the Supreme Court of the Republic of Indonesia to also implement this One Number One Citizen system is required in order for the implementation to be guaranteed, both inside and outside the trial. Nonetheless, the implementation of the One Number One Citizen is inescapable from hindrances notably the human resources, foreign hacking, rules and regulations, and inter-organizational collaboration which are debilitated entirely. Therefore, an endeavour in reforming the Civil Procedural Code along with the establishment of a new institution under the Ministry of Internal Affairs associated with the Supreme Court in administering the One Number One Citizen.