2. STATE
1. State is the organization of power from a
group of humans who have been
residents of certain areas.
2. The state is an organization that arise
because of the will of a group or his own
people
3. The state is a tool (agency) or the
authority or wewenang that regulates or
controls the common problems on behalf
of the community.
3. STATE ELEMENTS
Generally consists of four :
1. Region
2. People
declarative
3. The Government's sovereign
4. Recognition of other countries ( de
Facto and de jure )
constitutive
4. TEORI OF STATE FORMATION
1. The theory of reality, that the emergence of a
nation is a reality. If an when it has fulfilled the
elements of the country (region, the people, the
government of a sovereign), then at that very
moment the country has become a reality.
2. The theory of the Godhead, the emergence of a
nation is the will of God. Everything will not
happen if God did not want them to.
3. The theory of natural law, thought at the time of
Plato and Aristotle: the natural conditions -
human growth - the development of country
5. Continued
4. The theory of the Agreement, according to this
theory the state was born because the
agreement made between the people who had
been living freely. This agreement held for
common interests can be maintained and
guaranteed. In order for a person who is not a
wolf for another man. Or homo homini lupus
bellum omnium contra omnes. The agreement
called a covenant community or social
contract, and may also occur because of an
agreement between the colony with a colonial
state.
5. The theory of conquest, a conquest for the
state arises because the area still can be
mastered then formed an organization called
the state
6. STATE FORMS
1.Unitary state (unitarism)
That is a sovereign independent country
and around the country where the ruling is
only one government (central) which
regulates the entire area. In a unitary state
execution can be carried out with the
system: Centralization and decentralization
2.State union (federation)
become states of the union state.
7. SOVEREIGNITY OF STATE
Sovereignty is a carte blanche to regulate
the entire territory of the state without
interference from other governments. State
sovereignty is obtained from:
1. theory of divine sovereignty (theocration)
2. theory of popular sovereignty
(democracy),
3. theory of state sovereignty,
4. theory of legal sovereignty.
8. SEPARATION OF STATE POWER
John Locke: Montesquieu
executive, legislative,
judiciary, and federative executive, and judiciary.
9. GOAL STATE
1. Extending the power of mere
2. Holding public order
3. Achieving common prosperity
10. CITIZENS
1. Citizens are the people indigenous Indonesian
peoples and people of other nations who ratified by
the Act as citizens (article 26 paragraph 1).
2. Residents are people who live in a country or
territory Indonesian citizens and foreigners residing
in Indonesia (article 26 paragraph 2).
3. People are all inhabitants of a country.
4. Citizenship is any kind of relationship between
people (citizens) with countries that lead the state's
obligation to protect that person
11. 1.In terms of birth (there are 2 principles of
nationality)
a. Ius soli citizenship is based on the
guidelines for the place or region of birth
b. Ius sanguinis citizenship is based on
regional guidelines / descent
2. In terms of marriage
12. 1. Elements of blood descent (ius sanguinis):
Britain, America, France, Japan, Indonesia
2. Elements of the area where the birth (ius soli):
American, English, French, Indonesian
3. Elements of naturalization (naturalization), there
are active and passive
a. Active: can use the option to choose will be a
citizen of a country.
b. Passive: a person does not want to be
citizens of a country or do not want to be
given / made a citizen of a country. They
have the right repudiasi, is the right to
refuse to grant citizenship
13. How to obtain citizenship (Law no.62/58):
1. Since birth
2. Since the appointment of
3. Because the application is granted
4. Because naturalization marriage
5. Because the father and or mother
participated
6. Because the statement
14. 1. The right is the power to accept / do something
that should be accepted / carried out by certain
parties and not to any other party, which in
principle can be prosecuted by force by it.
2. Mandatory is a burden to give or leave
something that should be left / given always by a
particular party, can not by any other
party, which in principle can be prosecuted by
force by the interested.
15. RIGHTS OF CITIZENS
1. To live and sustain life and the life (art. 28A UUD '45).
2. Forming a family and continue the descent through a
legitimate marriage (Article 28B Constitution '45).
3. Develop themselves through their basic needs, obtain
education and to benefit from science and technology and
CULTURE (Article 28C UUD'45).
4. Employment and decent life for humanity (article 27 (2)
Constitution '45)
Participate in efforts to defend the country (article 27 (3) of
'45)
There are additional chapters of a technical nature concerning
the rights of citizens poured through Chapter XA on Human
Rights (Article 28A s / d '45 and 28J of the Constitution
stipulated by Law no. 39/99 on Human Rights)
16. INDEPENDENCE OF CITIZENS
1. Of association and assembly, remove
the mind with verbal and written (Article
28 UUD '45 original)
State guarantees citizens freedom to
embrace their religion (article 29 UUD'45
original)
2. Article 28 and Article 29'45 original
articles are translated again by the
Constitution 28E '45
17. CITIZENS LIABILITIES
1. Respect for Law and Government of the Republic of
Indonesia (art. 27 (1) UUD'45)
2. Shall be subject to the restrictions set by law (section
28J (2) UUD'45)
3. Must to respect human rights of others (section 28J (1)
UUD'45)
4. Participate in efforts to defend the country (article 27 (1)
UUD'45)
5. Participate in Defence and Security business (section 30
(1) UUD'45)
6. Must to follow basic education and government must
finance it (article 31 UUD'45)
18. DISCUSS . . . . .
forms of public participation in
political
life, economic, social, and
cultural
