Readiness Level of Employees in Position Transfers at State Universities: Analysis of State Administrative Law Perspective

The post-holder now has to adapt the new simplified regulation about changing structural position from echelon III and IV to the functional position. Since this regulation has been issued recently, they sometimes will experience the feeling of pessimism, anxiety or worry in playing the role of the new position. The problems to be solved in this research are: 1) what are the problems faced by the functional post-holder? 2) what is the strategy adopted in carrying out the duties and functions of functional post-holder? This study uses a qualitative and quantitative approach with a mix-method. This study take place in the representatives of state universities in Indonesia. The mix-method was used to obtain comprehensive results on the readiness of education personnel whose function was switched from structural positions to functional position in universities under the Ministry of Education, Cultural, Research and Technology who were affected by the changing of echelon III and IV structural positions. The conclusion of this study is that education personnel whose function was switched from structural positions to functional position experience problems including incompatibility of educational background with their functional position, incompatibility of job desk with their interests and expectations. The incompatibility of functional position with the placement of job unit causes lack of positive impact on their working record and the decrease of financial support.


Introduction
Simplification of organizational structure through trimming structural positions is a Bureaucratic Reform program launched by President Joko Widodo.Streamlining the organizational structure is aimed at cutting and eliminating partsof the organization that are considered unvital, as well as uniting parts that have almost the same tasks.The goal is to create a function-rich bureaucracy with a lean structure.Bureaucratic reform is aimed at improving public services to improve the quality of human resources based on applicable procedures. 1 Thus, bureaucratic reform should be carried out from now on. 2 Organizational changes caused by the equalization of structural positions to functional positions have caused turmoil in affected stakeholders.According to Kotter  (2001) as quoted by Rahayuningsih the obstacles faced to seek organizational change caused by rejection from individuals. 3The appearance of rejection indicates that the new things expected due to the occurrence of changes do not correspond to expectations.The cause of rejection is the loss of comfort, loss of power, identity and other benefits. 4he occurrence of resistance to the transfer of structural positions to functional positions within State Higher Education is thought to be caused by several factors.In addition to the lack of suitability of the duties of the position in some functional positions with the tasks carried out daily, there are also proposals for equalization of positions that are not appropriate.The theme of Readiness of Education Personnel who switch functions from Structural Positions to Functional Positions is interesting to examine, especially to examine the extent of the readiness of education personnel who switch functions from structural positions to functional positions within State Higher Education (hereinafter as PTN), especially in the university under the Ministry of Education, Culture, Research and Technology.
The objectives to be achieved in this study are: (1) Analyzing the problems faced by functional officials who are transfers from structural positions within PTN, (2) Analyzing the strategies taken in carrying out the duties and functions of functional positions professionally.
The expected benefits of this study are as follows: (1) Theoretically, it can explain the readiness of Education Personnel who switch functions from structural positions to functional positions within PTN in the perspective of organizational change theory, 81 Indonesian State Law Review ( 2022) 5(2), 79-94   (2) Practically, provide input to PTN in taking strategic steps in empowering functional education personnel.

Literature Review A. Bureaucratic Reform
Conceptually, bureaucracy is a system that organizes large organizations in an effective, efficient and rational management.The expression means that when bureaucratic functions are performed, they are always associated with the regulatory functions of the organization.This definition gives legally valid authority to regulate organizations oriented towards carrying out their missions for the benefit of the people who are the owners of sovereignty as well as for the benefit of all citizens5 .
Max Weber in his essay entitled "Bureaucracy" defines the ideal type of model of bureaucracy which explains that a bureaucracy or administration has a definite form in which all functions are carried out in rational ways.According to him, this ideal type can be used to compare bureaucracy between one organization and another.According to Max Weber that the ideal type of rational bureaucracy is carried out in the following ways: 6 First, an official is a free person, however, there are still restrictions because of his position when he is carrying out official duties related to his position.The official cannot freely use his office for his personal needs and interests, including his family.Second, the positions are held in a hierarchical order from the top level to the bottom and to the side.As a result, there is a position as a superior who has greater authority and subordinates who have narrower authority.Third, each position has different duties and functions in a hierarchy.Fourth, each incumbent has a performance agreement that is mandatory to execute.The duties and functions of each position contained in the performance agreement must be carried out and become the domain of authority of each official.Fifth, in the case of placing a person in a certain position must be based on qualification skills through a competitive examination screening.Sixth, in a hierarchical order of positions is a salary structure that is a right in which pension rights are in it that can be obtained by every official.Incumbents have the discretion to terminate their contracts under certain circumstances and leave their positions and attached jobs.Seventh, have a clear career development pattern with promotions based on seniority and merit in accordance with objective considerations.Eighth, every official is not allowed to use his position and the resources available in his agency for personal and family gain.Ninth, have a system of supervision and control that is strictly implemented to monitor all officials.
Meanwhile, if we reflect on the current conditions, it seems that the Weberian bureaucracy that prioritizes impersonal, professionalism, and formal legitimacy does not yet exist in the Indonesian bureaucracy.Weber's underdeveloped bureaucracy and patriarchal bureaucracy are still dominant on the one hand hindering Indonesia's democratic process and improving public services.
Our bureaucracy is far from Max Weber's modern ideal, often due to negative effects such as complex work mechanisms and procedures, abuse of status, and others.As Weber understood from his theory, our bureaucracy looks more like a complicated and rambling Dutch East Indies legacy bureaucracy than a modern bureaucracy.In adopting a bureaucratic hierarchy, style and behavior are based more on a "client-patron" bureaucratic relationship.Such a bureaucratic situation that does not want to change requires radical bureaucratic reform.
Bureaucratic reform is one of the efforts made by organizations/institutions to realize good governance.A good public service organization must have qualified human resources apparatus that is in accordance with the needs of the organization.In addition, the availability of human resources must be balanced with the volume of work that is a burden on the organization. 7ureaucratic reform in Indonesia is considered very slow in implementation, especially HR reform, because the mindset of employees that has been formed for so long makes it difficult to accept change.For this reason, it is necessary to carry out a bureaucratic reform acceleration program, by trimming the echelon as one of its breakthroughs. 8

B. Organizational Change
The development of technology, information and communication forces an organization to change.Such changes can provide benefits for the continuity of the organization.The program of eliminating echelon III and echelon IV structural positions is seen by the government as providing greater benefits, namely increasing the efficiency of government spending.With the streamlining of the organization, it is expected that employee performance will be better and more optimal. 9uwono and Putra stated that at the beginning of organizational change each individual may express their feelings and emotions, such as sadness, anger, fear, worry, and disbelief in the process of change, therefore that those affected by change need to be given space to express their opinions and need to be heard from the outpouring of feelings for what they are experiencing. 10Rejection from people who are in the organization because they are already in the comfort zone and do

Methods
This research uses a mixed-method method, which is a combination of quantitative and qualitative research methods. 15To get an idea of the difference in employee response to changes in structural positions to functional positions using quantitative research.The data validity test was carried out using material expert validation by representatives of the Expert Staff for General Affairs, Representatives of Vice Dean 2 UNNES and the Head of BUHK.In addition, validity and reliability tests were also carried out with SPSS tools.After obtaining these data, researchers continue qualitative research with the aim of conducting a deeper exploration of the problems faced by stakeholders to determine the strategies taken in carrying out the duties of the position professionally.
The focus of the research is divided into two things, including: (1) Readiness of Education Personnel, including: formal educational background, talents / abilities, work according to interests and expectations, understanding related to functional position regulations, commitment and motivation to carry out position duties, creativity, work discipline, career coaching, leadership roles and support, welfare, and the impact of transfer, (2) Strategies carried out, including: accepting transfers by adjusting Self with existing functional positions, improve knowledge and skills related Based on the results of research conducted on representatives of education personnel affected by the transfer from structural positions to functional positions in 10 state universities, the following results were obtained.To answer the first formulation of the problem, based on the average answers from respondents, it shows that the problems faced by education personnel who switch functions from structural positions to functional positions are contained in the answers of respondents with the Doubtful category, namely: (1) educational background, (2) work that is not in accordance with interests and expectations, (3) welfare, (4) the impact of transferring structural positions to functional positions.Based on the figure above, there are 40.83%who have educational backgrounds that are in accordance with functional position equalization jobs, so it can be concluded that there are more education personnel whose educational backgrounds are not in accordance with the current functional positions.Based on Figure 3, it can be seen that 59.17% stated that there was no increase in welfare.Based on these data, it can be concluded that the welfare of education personnel who switch functions from structural officials to functional positions is no better than serving in previous structural positions.4, it can be seen that 49% answered hesitantly, disagreeably and strongly disagree with the positive impact of transferring structural positions to functional positions.The transfer of structural positions to functional positions may not have a positive impact on the services provided to stakeholders due to the factor of job mismatch with interests and work previously and actually carried out by stakeholders as mentioned above.With the discrepancy of the work, it will result in the services provided not in accordance with expectations.

Figure. 1 Suitability of Educational Background
Based on the results of research in open questions submitted to respondents, the obstacles faced by functional stakeholders as a result of equalization of structural positions are as follows: 1) The implementation of daily duties is not in accordance with the functional position; 2) The implementation of the duties of functional positions has not yet been completed; 3) The equalization of administrators and supervisors is not in accordance with the proposal of the work unit; 4) The placement of functional positions is not in accordance with the competencies possessed; 5) Stakeholders do not yet have basic competencies in holding functional positions; 6) Lack of socialization of regulations related to functional positions; When related to the organizational theory of Legaard (2010) quoted by, a good organization focuses on performing in tasks and structures so that if employees in the organization experience various problems, of course, organizational goals will not be achieved properly, the strategy that must be taken does not only focus on adjusting / adapting employees in new positions, But also changes in the behavior of each individual.Good employee behavior in the organization or office is predicted to have good social understanding and social relations. 16 17 tated that in the practice of implementing bureaucratic reform, the HR element is the most difficult to change, due to the mindset that has been imprinted for a long time, so it will be difficult to change.Employees who have been carrying out their duties as structural officials of echelon III and echelon IV are familiar with the pattern of birokratis, carrying out duties according to the direction and disposition of the leader in stages.The decisions taken also follow the policies of the leadership, so that when transferred to functional officials, employees are required to produce output in accordance with the duties of their respective positions.It is very natural that educational personnel who transfer from structural positions to functional positions experience problems and obstacles at the beginning of moving from structural positions to functional positions.The structure and mechanism of work in different structural positions and functional positions require time for functional stakeholders to adjust.The role of the head of the institution is very necessary to foster motivation and work culture so that there is no decline in employee performance.
Theresult of this research when juxtaposed with Max Weber's theory of the ideal bureaucratic model will find that the transfer of structural positions to functional positions is still very vulnerable if used as a parameter to improve the quality of public servants so as to create a healthier bureaucratic climate.Reflecting on figure 1 that only 40.83% have an educational background that is in accordance with the work of equalizing functional positions.This result illustrates that more than half of the employees who undergo equalization of positions get positions that are not in accordance with the qualifications they have, certainly contrary to what Weber aspired that in forming an ideal bureaucracy must place someone in a certain position based on the suitabilityof the qualifications possessed.This discrepancy will be an obstacle to the achievement of the performance of each employee, because the qualification skills possessed with the details of the duties of functional positions are different.
Furthermore, in Figure 2, it can be observed that 43.33% of JF equalization results from structural to functional positions are not appropriate / less in accordance with the work carried out according to the placement of work units.This job discrepancy will be a burden because each employee has a performance contract that must be executed.How can an employee produce maximum performance if the real work carried out with the details of the duties of functional positions is different?89 Indonesian State Law Review ( 2022) 5(2), 79-94 However, even though the road to the ideal bureaucratic system to aspire to still has to face a steep road, it does not mean that it becomes an impossibility.Based on the data in table 3, it can be concluded that Education Personnel who switch functions from structural officials have accepted the organizational changes and are ready and committed to carry out the duties of the position.
A good response from employees at State Universities for the transfer of structural positions to functional positions can be a positive signal to support the organization to run well.As stated by the organization as the most important element of public administration must be able to manage the changes it faces by creating conditions or climate that can encourage readiness for change.
In line with what is stated by those who state that organizations and groups must be able to accept the reality of change and all the possibilities arising from organizational change itself.This organizational change is an effort from the government to improve public services, cut the bureaucratic chain that is too long, and facilitate and speed up the services provided to the community. 19alking about equalizing structural positions to functional positions is certainly not separated from the competence of the employees themselves.Competency standards themselves have been regulated in the regulation stipulates that every government apparatus must have competencies which include: "Technical competence is knowledge, skills, and attitudes/behaviors that can be observed, measured, and developed specifically related to the technical field of the position.Managerial competencies are knowledge, skills, and attitudes/behaviors that can be observed, measured, developed to lead and/or manage organizational units.Socio-Cultural Competence is knowledge, skills, and attitudes / behaviors that can be observed, measured, and developed related to the experience of interacting with a plural society in terms of religion, ethnicity and  culture, behavior, national insight, ethics, values, morals, emotions and  principles that must be fulfilled by each office holder to obtain work results in accordance with roles, functions and positions." 20ticle 14 confirms that civil servants who will occupy positions due to transfer of positions must have competency standards and qualifications for positions according to the position to be occupied. 21rom the results of the study, it was revealed that the equalization of structural positions to functional positions still does not pay attention to the provisions that have been regulated in the two regulations.That only about 40.83% have the suitability of educational background with functional position equalization work.This means that there are more educational personnel whose equalization functional positions are not in accordance with their competencies.It was also revealed in this study that many Education Personnel experienced difficulties in carrying out the duties and functions that became their obligations as stated in the Performance Agreement because the competencies possessed were different or even did not have the competencies required by the equalized functional positions.Meanwhile, the Government Apparatus in holding each position must understand and have dominant public service competence as required by laws and regulations. 22ased on the description of the problem above, strategies that need to be taken in carrying out the duties and functions of functional positions professionally include: 1) Functional staff accept new positions in accordance with the results of equalization and must learn and understand the details of duties and regulations related to functional positions and focus on carrying out functional positions; 2) Functional staff must attend workshops/workshops/trainings on functional positions and procedures for proposing promotion to functional positions; 3) Functional staff are expected to join as members of professional associations of functional positions; 4) Leaders of institutions make regulations in the career development of employees including those holding functional positions; 5) Leaders of institutions need to socialize about the achievement of credit scores in achieving career paths for functional positions; 6) The head of the institution needs to propose the transfer of functional positions according to the current task details and move to the appropriate functional positions.
In line with the results of research conducted by that the strategy model that must be applied to support the success of the change process is an individual and social model where the provision of skills and improvement of individual competencies in the form of training, education and self-development can overcome current problems for self-development in the future 23 .
In the context of organizational change in Indonesia, especially in State Universities, the above strategy is carried out to build individual readiness in carrying out the duties of new positions in the organization in order to become apparatus human resources who have an open mindset and mentality in facing change, accompanied by an increase in the ability to adjust the policy of transferring structural positions to functional positions from the government.With mental awakening, the mental readiness of Education Personnel who switch functions from Structural Positions to Functional Positions, is expected to create a professional organization and be able to adapt to all changes that occur.
One of the bureaucratic reform programs in the form of downsizing positions needs to be carried out to improve work culture and public service behavior.The approach that needs to be taken by the agency is holistic, which includes all elements of bureaucracy, one of which is the mindset of HR apparatus and work culture supported by knowledge, skills from the HR.24

Conclusion
Based on the research produced related to the readiness of Education Personnel after position mutation within State Universities under the Ministry of Education, Culture, Research, and Technology, there are problems experienced by Education Personnel after mutation from structural positions to functional positions, including: (1) It was found that the incompatibility of educational competence with functional positions was equalized, (2) functional positions were equalized In stark contrast to attention and expectations/placement, (3) there was no increase in welfare/decrease in income obtained when compared to when serving as a structural official, and (4) the transfer of structural positions to functional positions did not have a significant positive impact due to job desks What is done in accordance with the placement of its work unit with details of tasks that should be as functional positions has very basic differences.
Institutional leaders need to facilitate all the needs of education personnel after job transfer, due to the lack of knowledge, skills, and differences in position duties that require extra thoughts and energy to be able to adjust and carry out the duties of the position properly.Facilities that need to be provided in the form of facilities to support abilities and skills as well as facilities in the form of facilities and infrastructure.

Suggestion
This finding should be a reference for universities in policy making to support the achievement of organizational goals in human resource development towards better employee performance.Suggestions that the author can convey include: (1) Positions that are not suitable can be sought to be proposed to change positions accompanied by an academic manuscript for the transfer of functional positions of equalized education staff so that stakeholders can improve their careers better, (2) Employees who have inappropriate backgrounds or occupy functional positions that are not in accordance with task placement, Training / workshops are included to improve competence according to the duties of functional positions, (3) Agencies must provide assistance to functional office holders as a result of equalization, (4) The government needs to evaluate the equalization of functional positions, for appropriate positions can be continued, and for inappropriate positions can be revised or transferred to other appropriate positions.

Figure 2 .
Figure 2. JF's Work Matches with Interests

Figure 4 .
Figure 4. Positive Impact of Switching to JF

Table 2 .
Average Research Results Based on Research Focus Source: Processed Primary Data, 2021