THE TYPE OF STATE

Based on the history of state theory, Western Europe then divides the types of countries is as follows:

1. Ancient Eastern Countries;

• type of Ancient Eastern Countryis Tryannie or Despotie. As a reason statedthat the Ancient
Eastern Country was ruled by kings who absolute and arbitrary power.

• The characteristics of an Ancient Eastern country are:

1) It is theocratic/theocratic (religious)A theocratic state is a state that onlybased on only one

religion in the country.Theocratic countries can be divided into two, namely:

a) Direct theocracy → king is also consideredGod or gods by its citizens.

b) Indirect theocracy

2) Absolute government, a government in which the king's orders or decisions must be

absolutely carried out and the ruler is not supported by the people or any group.

2. Ancient Greek State;

• The Ancient Greek state was typed as a city orpolicy. (sebagai kota atau kebijakan)

• This city-state has an area the size of a citywhich is surrounded by walls which area
defensive fortress (benteng pertahanan) if there is an enemy attack from outside.

• The population is small in number (around 300.000) and the government is small and
democratic.

• These city states, for example, Athens,Sparta and so on.

• The people directly participate in government, and this government is a direct democratic
government.

• The government is organized by collecting people in a place called ecclesia. In the meeting,
the government's policies were presented, the difficulties faced by the government were to be
solved together, and improvements were made that needed to be implemented together.

• In the Ancient Greek state democracy could beimplemented directly, this is because:

a) The area is not very large

b) The population is still small, and from the numberThose few are only police residentstraders
from outside the police have the right to participate in democracyand slaves had no right to
participateimplementing democracy.
• But the facts show that is actually what it is to say that it is direct democracy is not true,
these factors include the following:

1) Not all Greeks were free because of that not all Greeks had voting rights in ecclesia;

2) Democracy in Greece is implemented with deliberation to reach an agreement, but In

reality, not all polis z residents can participate, in fact most will submit The right to vote (hak
memilih) belongs to intelligent people talk, discuss or submit to leaders who are smarter at
playing his tongue is called "rethorica".

3. Ancient Roman State;

• Its an imperium which has a very large areabecause of its colonies (daerah penjajahannya).

• The characteristic of ancient rome state:

a) The existence of absolute kings (Caesar) : The government in Rome was held by Caesar who
receives all power from the people (Caesarism). Caesar's reign was absolute or absolute.

b) There is legal codification. Roman law was called the Lex Regia.

4. Medieval States (Middle Ages State) ;

• Have an ambiguous/dualism characteristic, due to there are two kinds of rights become the
basis for its formation (menjadi dasar pembentukannya), namely:

1. The king's right to rule is called Rex;

2. People's rights mentioned by Regnum;

• The typical characteristics of the type of state in the Middle Ages were:

a) Theocratic

b) Feudalism

c) Dualism in the state, namely dualism(contradiction) between:

1) Rulers with the people.

2) Land owners and tenants (wholed to the emergence of feudalism).

3) Statesmen and churchmen (whogive rise to secularism).

• As a result of this dualism, the desires of the people arise to limit the rights and obligations of
the king and the people

5. Rule of Law

• The rule of law is defined as the country in which the actions of the government and its people
are based on law to prevent arbitrary actions on the part of the authorities and the actions of the
people to complyhis own will.

• The rule of law emerged as a reaction to absolute power of the kings, hence the first purpose of
the rule of law was to free individu (people) from interference of the Country.

• There are two concept of law state, namely:

a). RULE OF LAW

Meanwhile, A.V. Dicey explained that there are three important characteristics in every
country The law which he calls "The Rule of Law", namely:

1. Supremacy of Law.

2. Equality before the law.

3. Due Process of Law.

b). RECHSTAAT

According to Julius Stahl, the concept of the rule of law what he calls the term 'rechtsstaat'
includes four important elements, namely:

1. Protection of human rights.

2. Division of power.

3. Government based on law.

4. State administrative court.

• The concept of the state of Law in Continental Europe was developed among others, by
Immanuel Kant, Paul Laband, Julius Stahl, Fichte, and others withusing the German term, namely
"rechtsstaat".

• Meanwhile, in the Anglo tradition America, the concept of the rule of law was developed based
on the pioneering work of A.V. Dicey withcalled "The Rule of Law".
• The International Commission of Jurists, principles The rule of law is supplemented by the
principle of a free and impartial judiciary(independence and impartiality of judiciary)
which is increasingly felt nowadays absolutely necessary in every democratic country.

• Principles that are considered characteristics The importance of the rule of law according to "The
International Commission of Jurists" is:

1. The state must obey the law.

2. The government respects individual rights.

3. A free and impartial judiciary

THEORIES ON STATE’S PURPOSE

1. Plato
- The state has the main goal, namely to promote human decency both as individuals
and groups.
- This is to form civilized, ethical and moral humans.
- To achieve this goal, the state must uphold a set of values that all its citizens must
adhere to.

2. Teocracy Theories
- Theocratic theory states that the theoretical goal of the state is to achieve a safe and peaceful
life by obeying God. Where the head of the state exercises his power based on the power
given to him by God.
- AUGUSTINE
- God's sovereignty CIVITAS DEI (“GOD'S COUNTRY”) state that under protection of God
(Church), perfect until end of time.
- CIVITAS TERRENA (“WORLD COUNTRY”) country which will be destroyed at the end of
time.
- THE STATE is essentially worldly and temporary

3. State Power Theories :

A). Shan Yang
- Tthe goal of the state as power
- The State's goals can be achieved by preparing an army that is strong, disciplined, and willing to
face all possibilities.
- Shang Yang explained that in every country, there are two subjects that always face each other
and are in conflict, namely the government and the people.
- If one is strong, the other must be weak. If the state is a strong party, it means the state will be
safe. On the other hand, if the state is weak, the state will be chaotic and anarchic.

4. Machiaveli
- The goal of the state is to gather and enlarge state power, in order to create prosperity,
greatness, honor and welfare of the people (especially Italy).
- In order to achieve this goal, there are several efforts that must be made, namely:
a. The government must always try to be above all currents, even though it is weak, it must
show that it is more powerful (staats raison).
b. Towards the people, the government sometimes has to act as a lion, so that the people are
afraid. Or sometimes like a mouse deer, to be clever in controlling the people (double moral).
c. The government can do anything, as long as it is in the interests of the state (the ends
justify the means).
d. Any resistance to the government must be dealt with firmly (state power or
machstaotsgedachte).