IMPLEMENTATION OF THE PRINCIPLE OF LEGAL CERTAINTY AND THEORY OF ECONOMIC ANALYSIS OF LAW IN THE IMPLEMENTATION OF POPULATION ADMINISTRATION SERVICES ONLINE IN THE CITY OF BANDAR LAMPUNG IN THE CONTEXT OF IMPLEMENTING AN ELECTRONIC-BASED GOVERNMENT SYSTEM (SPBE)

Establishing a regulation regarding information and electronic transactions (ITE), which aims to develop Information Technology, can be carried out optimally, evenly, and spread to all levels of society to educate the nation's life. Establishing an Electronic-Based Government System (SPBE) aims to realize clean, effective, transparent, accountable governance, quality, and reliable public services. The Lampung Provincial Government has made a policy regarding implementing Population Administration. Still on the other hand, the Lampung Provincial Government still needs to provide facilities and infrastructure to improve the quality of population administration services online, both at the provincial and Bandar Lampung City levels. This contradicts the principles, goals, and ideals of the ITE Law and the SPBE. This study uses the Normative Empirical method. The results of this study indicate that the principle of legal certainty in the online Population and Civil Registration Administration Services in Bandar Lampung City has not been implemented as evidenced by the absence of a regulation regarding facilities and infrastructure to support population administration services and civil registration via online and the services provided have not provided satisfaction towards the people of Bandar Lampung City.


A. Introduction
The rapid development of information and communication technology (hereinafter written ICT). Has influenced and changed various patterns of human life, one of them by forming an information society (information society) through the internet. 1 Alvin Toffler in The Third Wave which is the second book of his trilogy states that society has developed from an agricultural society (agricultural society) that relies more on agricultural products to a form of industrial society (industrial society) that relies more on industrial products by utilizing machines in the production process. Furthermore, the industrial society developed again into an information society (information society) which has a level of control and needs information and is believed to have a better level of welfare.
In the information society, ICT plays a very important role in people's lives because various needs are fulfilled via the internet, accessed by a computer or other electronic media, in an electronic transaction. 2 Rapidly, this technology changes people's way of life, where the boundaries of space and time are no longer a big obstacle (borderless). The very phenomenal presence of the internet further confirms the opinion that information and communication technology has become the cultural mainstream of today's world society. 3 The globalization of information has positioned Indonesia as part of the world's information society, which necessitates the formation of arrangements regarding the management of information and electronic transactions at the national level so that Information Technology development can be carried out optimally, evenly, and spread to all levels of society to educate the nation's life. 4 Also, the rapid development and advancement of Information Technology has led to changes in human life activities in various fields which have directly influenced the birth of new forms of legal actions.
One example of a new form of legal action regarding Electronic Information and Transactions is the issuance of Presidential Regulation Number 95 of 2018 concerning Electronic-Based Government Systems (SPBE) which aims to realize clean, effective, transparent, and accountable governance as well as quality public services and reliable, an electronic-based government system is needed as well as increasing the integration and efficiency of an electronic-based government system requires governance and management of a national electronic-based government system. 5 The establishment of Law Number 24 of 2013 concerning Population Administration aims to improve professional population administration services, meet information technology standards, and be dynamic, orderly, and non-discriminatory in achieving minimum service standards towards comprehensive excellent service to address population problems. 6 It is hoped that the law can build effective and efficient governance. And to improve the quality of public services effectively, efficiently, and professionally, policies and laws are needed. 7 Services, namely regulations regarding Population Administration Services Online through Minister of Home Affairs Regulation Number 7 of 2019 Concerning Population Administration Services Online which aims to provide new and easier population administration services to the public by implementing online service mechanisms. 8 Online Population Administration Service is managing population documents in which data/file requirements are sent using web-based electronic media by utilizing technology, communication and information facilities. Online population administration services are expected to be able to help according to the needs of the community both at the center and in the regions. 9 The Provincial Government of Lampung has issued a policy regarding the implementation of Population Administration on the legal basis of Regional Regulation of Lampung Province Number 1 of 2022 which aims to use and access population data, requires professional E-ISSN: 2598-3105 P-ISSN: 2723-2581 management, meets information technology standards, dynamic, orderly administration and is responsible. 10 However, on the other hand, the Provincial Government of Lampung still needs to provide online population administration facilities and infrastructure as mandated by Article 17 paragraph (4) of the regional regulation, likewise at the Bandar Lampung City Government level.
Judging from the Decree of the Minister of Administrative Reform and Indonesian Bureaucratic Reform Number 1503 of 2021 concerning Evaluation Results of Electronic-Based Government Systems in Ministries, Institutions, and Regional Government in 2021 the SPBE index in Bandar Lampung City only reached 1.20 and this figure can still be said less. 11 This data shows that electronic-based administration services in Bandar Lampung City still need to be higher. The absence of regulation is meant to have an ineffective and inefficient sociological impact on online population administration services in Bandar Lampung City. One example is that some residents filed a protest against the clerk at the Office of Population and Civil Registration of the City of Bandar Lampung because the e-KTP had not been completed. The Ombudsman of the Republic of Indonesia Representative for Lampung Province assesses that the Department of Population and Civil Registration of the City of Bandar Lampung is still slow in efforts to improve online population administration services which are still not effective and efficient indicating that empirically this problem is indeed very important/urgent.
This study aims to determine the implementation of the principle of legal certainty in regulations regarding the service administration population in a manner online in City City Lampung as well as to determine the impact of regulatory conditions on the administrative services population in a manner online in City city Lampung from perspective theory economic analysis of law and the principle of legal certainty.
In writing this research, the theoretical basis used is the theory of legal certainty and the theory of economic analysis of law. Theory Legal certainty is seen from a normative point of view; that is, when a regulation is made, it must be legislated with certainty and clearly and logically regulated, not causing doubts or having many interpretations, and must be logical to provide certainty and leave no legal loopholes in its application. Meanwhile, Posner's Economic Analysis of Law Theory explains that the economic analysis of law by expressing different definitions of legal assumptions is also to get a picture of satisfaction and increasing happiness (maximization of happiness). This approach is closely related to justice so that justice can become an economic standard based on three basic elements: value, utility, and efficiency.
Based on the description and presentation above can is known that Online Population Administration services are still not effective and efficient, as evidenced by the many complaints experienced by the people of Bandar Lampung City and the policies implemented are not by the Theory of Economic Analysis of Law which emphasizes that law must provide the greatest benefit to the people. In particular, regulations regarding online population administration services in Bandar Lampung City must have the maximum benefit for the people of Bandar Lampung City.
Method approach used in drafting study This is the method Normative-Empirical approach; normative-empirical (applied) legal research is research that examines the implementation or implementation of positive legal provisions (legislation) and written documents in action (factual) in any particular legal event that occurs in society. The review aims to ascertain whether the results of applying the law in concreto legal events are in accordance or not by the provisions of the legislation. Or in other words, have the provisions of laws and regulations been implemented as they should, so interested parties can achieve their goals. 10

B. Discussion
In the 1945 Constitution of the Republic of Indonesia, Article 28 letter (c) mandates that Everyone has the right to self-development through fulfilling needs. The right to get an education and benefit from science and technology, art and culture, to improve the quality of life and the welfare of the people human. 12 Law is a tool to maintain order in society. Given its function, the nature of law is conservative. This means that the law maintains and maintains what has been achieved. 13 What must always be remembered when we talk about fostering national law and law as a means of development is this: our positive national law will be a means of renewal and development. 14 Mochtar Kusumaatmadja's views on the function and role of law in national development, later known as the Theory of Development Law, are placed on the premise which is the core of the teachings or principles as follows: a. All developing societies are characterized by change, and law functions to ensure that change occurs in an orderly manner. According to Mochtar, regular changes can be assisted by legislation, court decisions, or a combination of both. He resisted disorderly changes by using sheer force. b. Both change and order (or order) are the original aims of a developing society c. The function of law in society is to maintain order through legal certainty and also (as a social norm) must be able to regulate (assist) the process of change in society. d. Good law is a law that is by the living (the living law). 15 According to Roeslan Saleh, "legal principles are basic thoughts as general rules that form the foundation of the legal system. According to Bellefroid, "the legal principle is the basic norm that is translated from positive law and which is not considered by legal science to originate from more general rules, so the legal principle is the deposition of positive law in society. 16 According to Paul Scholten, "The principle of law is the tendencies required by our decency view of the law, which are general characteristics with all their limitations as a common trait, but which must not exist. Based on some of these opinions regarding the understanding of legal principles, it can be concluded that legal principles contain the following characteristics: a. Legal principles are basic thoughts or basic norms b. The legal principle is not concrete legal regulations but the background of concrete legal regulations c. The legal principle contains an assessment of decency, so it has an ethical dimension d. This legal principle can be found in statutory regulations and judges' decisions The implementation of the legal function mentioned above can only be realized if the law is carried out by a power, but the power itself must operate within the limits of the signs specified in the law. 17 Modern legal thought put forward by Gustav Radbruch who seeks to combine the three classical views (philosopher, normative and empirical) into one approach with each approach being used as a main element and the basis for the Radbruch "style" legal approach 12 Undang-Undang Dasar Negara Republik Indonesia Tahun -ISSN: 2598-3105 P-ISSN: 2723-2581 which became known as the three basic values of law which cover justice (philosophical), legal certainty (juridical), and expediency (sociological).
Posner has been the driving force behind Law and Economics since the book Economic Analysis of law was first published in 1973. Not much different from other Law and Economics experts, he developed post-Coasian teachings and other Economics. One of the interesting things in his works, Posner always develops his analysis normatively and empirically. The weight of legal studies in the Economic Analysis of law is more prominent than the economic predetermination analysis. Apart from the fact that the Economic Analysis of law is a legal analysis that uses the help of economics to expand the legal dimension, Posner has never formally received an education in economics. 18 Hotma P. Sibuea stated that the AAUPB was born from administering the state and government, so it is not a formal product of a state such as a law. AAUPB was born by the times to increase the protection of individual rights. The AAUPB's function in administering government is as a guide or guide for the government or state administration officials in the framework of good governance. 19 In the  1) The applicant arrives at the service location with the requirements; 2) The officer examines the application file and Verifies the data file on the SIAK data 3) KTP-EL printer clerk Prints KTP-EL as requested; 4) The officer hands over the KTP-EL to the applicant.
Completion timeframe: 5-15 Minute Completion. Presidential Regulation No. 81 of 2010 concerning the Grand Design of Bureaucratic Reform 2010-2025 to accelerate the achievement of good governance so looked at the need to reform bureaucracy in the whole Ministry/institution/government area. 21 And Which become a target in regulation president This is: 1) Realization government Which clean And free KKN 2) Realization enhancement quality service public to public E-ISSN: 2598-3105 P-ISSN: 2723-2581 3) increasing capacity And accountability performance bureaucracy 22 Implementing SPBE in online population administration services in Bandar Lampung City still needs legal certainty, causing a legal vacuum (vacuum of power) related to the absence of regulations regarding supporting facilities and infrastructure for online population administration services. If we look at Law Number 25 of 2009 concerning public services The formation of the Public Service Law is an effort to improve the quality of service public by principles of the general government And corporation Which Good as well as protects every citizen and resident from abuse of authority in maintenance service public, needed arrangement Which support. 23 E-government is the use of technology by governments, especially web applications via the Internet (web-based Internet applications) To increase access And deliver government information and services to citizens, business partners, employees, other agencies, and government entities. 24 E-government has the potential to help build relationships between the government and the public by making interactions with citizens smoother, easier, And more efficient. 25 Digital Government attempts to modernize public services by integrating digital technology within the public sector. 26 Ongoing technological developments such as cloud computing, social media, and mobile technology provide opportunities for the government to serve the public and increase public participation and collaboration in creating service public.
Organization and system manage Digital Government are needed so that application of Digital Government can be carried out in a planned, coordinated, and measurable manner. 27 Need to be identified: Who must answer in coordinating application strategy Digital Government? In addition, planning and monitoring, and evaluation must also be carried out so that the application strategy of Digital Government can be done sustainably. For that, needed framework Work organization And system management in application strategy Digital Government throughout layer government.
SPBE is a term used to describe the use of information and communication technology to improve the efficiency and effectiveness of government services. 28 Another definition of SPBE is a form of commitment from the government to strengthen partnerships between citizens and the public sector. Government agencies have started using information technology to improve government services to the public. Government agencies have begun to use information technology to improve government services to the public, enhance good relations with business and industry, and increase efficiency in government. 29 SPBE is expected to reduce corruption, increase transparency, provide greater convenience, increase government revenues, and reduce costs. Before SPBE, interactions between communities/businesses and the government usually occurred in government offices. However, with its development, government services can be accessed directly online. Several principles must be applied by the government to successfully implement SPBE, namely using technology as a driver, paying attention to current realities, and increasing public participation in the successful implementation of SPBE.
SPBE/E-Government services can be categorized into 8 types: a. Government-to-Citizen (G2C) Providing online public services with electronic services to provide information and communication from the Government to Citizens (Government to Citizen) b. Community-to-Government (C2G) Providing online public services with electronic services for the exchange of information and communication of services from Community to Government (Citizen to Government) c. Government-to-Business (G2B) Increasing electronic transaction initiatives, such as electronic procurement and developing electronic markets for purchasing government needs, and conducting government-tobusiness/private procurement tenders (Government to Business) d. Business-to-Government (B2G) Increasing e-transaction initiatives, such as e-procurement and developing electronic markets for purchasing government needs, and conducting electronic government procurement tenders for the sale of goods and services in the form of services from Business/Private to Government (Business to Government ) e. Government-to-Employee (G2E) Initiative to facilitate employee service management and internal communication with government employees by developing e-career applications and services by reducing the use of paper with an e-office system in the form of government services to employees (Government to Employee ) f. Government-to-Government (G2G) Provide online communication and collaboration between other departments in government to increase efficiency and effectiveness in the form of services/applications (Government to Government) g.  The government provides information and communication to non-profit organizations, such as political parties, social organizations, and community or non-profit organizations in services/applications (Government to NGOs). h.  Public service is the right of every citizen that must be fulfilled. Therefore, the state is obliged to provide some services to fulfill the basic rights of its citizens guaranteed by the constitution. 30 Given that the main task of administering the state, especially the government, is to serve the interests of the community, the government must continue to strive to improve the quality of service.
Broadly speaking, public services can be divided into 3 types, namely: a. Administrative Services, namely services that produce various forms of official documents required by the public, for example, citizenship status, competency certificates, ownership or control of an item, and so on 30  b. Goods Services, namely services that produce various forms/types of goods used by the public, for example, telephone networks, supply of electricity, clean water, and so on c. Services, namely services that produce various forms of services needed by the public, for example, education, maintenance, health, administration, transportation, post, and so on. So it can be interpreted that the public service actor is the government as the executor or service provider while the recipient of the intended service is the community.
Public services by utilizing technology in this very sophisticated era, one of which is the use of the internet. In public service itself, the use of the internet for "serving" activities is online. The definition of online is a network, where online itself is a supporting tool in operating services to the public. The system is that the public receiving the service does not have to come to the service provider's place to get the desired service but simply remotely and fulfill the recommended steps and requirements. A tool to support a policy system created by utilizing technological sophistication using the internet network.
In the Instruction of the President of the Republic of Indonesia Number 3 of 2003 concerning the National Policy and Strategy for E-Government Development which aims to advance rapid communication and information technology and its potential for widespread use, opening opportunities for access to management and utilization of large volumes of information quickly and accurately. Utilization of information and communication technology in government processes (e-government) will increase the efficiency, effectiveness, transparency, and accountability of governance. To organize good governance and improve public services that are effective and efficient, it is necessary to have e-government development policies and strategies. Exchange of information and communication between the government and nonprofit organizations, such as political parties, social organizations, and other community organizations from NGOs to Government (NGO to Government).
The City Government of Bandar Lampung, in this case, the Department of Population and Civil Registration of the City of Bandar Lampung, as the executor of population administration services, has not made a legal product regarding online Population Administration Services and has not made a regulation regarding supporting facilities and infrastructure for carrying out population administration services online. The City Government of Bandar Lampung has just issued the Mayor of Bandar Lampung Regulation Number 48 of 2016 concerning the Duties, Functions, and Work Procedures of the City of Bandar Lampung Population and Civil Registration Office. This is contrary to the principle of legal certainty which aims to create order in society, to serve as a guideline for the community contained in this regulation. And also contrary to the principle of effectiveness and efficiency or achieving goals and maximally in this case online population administration services in the community. Regulations should be made regarding facilities and infrastructure that support online population administration services to create an orderly society and online population administration services to achieve the desired goals and maximum goals.

C. Conclusion
Based on the results of this study, the following conclusions can be drawn: The implementation of the principle of legal certainty in Population and Civil Registration Administration Services through online/online, especially at the Department of Population and Civil Registration (disdukcapil) of Bandar Lampung City, has not yet implemented the principle of legal certainty because regulations regarding facilities and infrastructure have not been made either at the Lampung Province level or at the provincial level. Bandar Lampung city level.
The conditions for regulating online population administration services in Bandar Lampung City are still said to be a legal vacuum (rechtsvacuum) and seen from the economic analysis of law theory associated with online population administration services in Bandar Lampung City are not yet on target because this policy has not assisted the community. It is not yet useful for the general public in the city of Bandar Lampung is evidenced by the many complaints that exist in the community related to population administration services.