The State

And
The Constitution
Azhar Alam
Introduction

 State is one form of organization that exists in

community life.
 In principle, every citizen becomes member of a
country and should be subject to the power of the
state, because its state organization includes
everyone in the region, and state power applies to
such persons.
 otherwise countries also have certain obligations
towards people who become members
THE Nation
 The Definition of nation and state
 The Nation and the state has a very close
relationship with each other.
 According to Ernest Renan opinion, a
professor of the University Sorbone
 “the nation is a unified solidarity, unity
that composed of people who find each
other in solidarity with one another.
 Nation is a soul, a spiritual principle .... It
is a unity with great solidarity and created
by the feeling of sacrifices that have been
made in the past and the future.
THE NATION
 The Definition of nation and state
 The Nation and the state has a very close
relationship with each other.
 According to Ernest Renan opinion, a
professor of the University Sorbone
 “the nation is a unified solidarity, unity
that composed of people who find each
other in solidarity with one another.
 Nation is a soul, a spiritual principle .... It
is a unity with great solidarity and created
by the feeling of sacrifices that have been
made in the past and the future.
THE NATION
 The Definition of nation and state
 Benedict Anderson is uniquely formulated
nation definition.
 According to his observations,
 the nation is an Imagined Political
Community within the clear limits and
sovereign.
 An imagined political community because
the nation's smallest members do not know
each other.
THE NATION
 The creation of national solidarity
described as the process of imagination
development intheir community,
 so that the people from Aceh who never
visited Central Java And never met before
can develop solidarity towards fellow of
Indonesian community.
THE STATE
 The emergence of the country can not be
separated from the presence of humans as social
beings,
 whereas social beings human have the urge to live
with other human beings, groups and cooperate.
THE STATE
 The emergence of the country can not be
separated from the presence of humans as social
beings,
 whereas social beings human have the urge to live
with other human beings, groups and cooperate.
THE STATE
 According to O. Hood Phillips, et al.
 Country or state is "An independent political
society which occupy a defined territory. The
members are united together for the purpose of
resisting external force and the preservation of
internal order "(Asshiddiqie, 2010: 9).
 With Another expression, it also can be stated that
the state is a political community independent who
occupies a particular area, and its members are
united with the purpose to meet the challenges or
outside forces and maintain internal order.
THE STATE

 In observance of the above opinion, can be

withdrawn understanding that
 the state is a community organization that has
certain areas and under the rule of the sovereign
power to regulate the life of the community.
Elements of the State

 Having regard to the understanding of the

state as expressed by some thinkers state
above,
 it can be said that the state have three
(3) elements, namely:
 a. People
 b. Areas with Specific Limits
 c. Sovereign Governments
PEOPLE

 People of a country can be distinguished

between residents and non
resident.
 Residents are people who live sedentary
or domiciled in a country.

 Meanwhile, non-residents are people

residing in a country only for a time, and
not the intention to settle.
PEOPLE
 While outside it was all called by foreigners or
foreign citizens

 Citizens are more closely related to the nation in

The state called original citizenship, which
differentiated understanding
with of the descent of citizens
PEOPLE
PEOPLE
 The distinction between residents and non-
residents, citizens and not
citizens associated with different rights and
obligations between people who are in the
territory of the state
PEOPLE
Citizenship of a country will have implications as
The following (Samekto and Kridalaksana, 2008: 59):
a) The right to diplomatic protection abroad is the right
citizenship. A country has the right to protect its citizens
outside country;
b) Citizenship demands loyalty, and one form of loyalty it
is the obligation to carry out compulsory military service;
c) A country has the right to refuse to extradite their
nationals to other countries;
d) Based on the practice, there are different outlines of
one's citizenship
PEOPLE
Based on the practice, an outline of one's citizenship
can get:
1) Based on the nationality of the parents (jus sanguinis);
2) By birth place (Ius Soli);
3) Based on the principle of Sanguine and Ius Ius Soli.
4) Through naturalization (by marriage, for example, a
wife
who took the citizenship husband, or with
application submitted to the state)
AREAS WITH SPECIFIC LIMITS
Territory of a country generally covers land,
sea ​areas and airspace.
Although there are certain countries that are due
located in the middle of the continent that does not have
a sea area, as Afghanistan, Mongolia, Austria, Hungary,
Zambia, Bolivia, and so forth.
AREAS WITH SPECIFIC LIMITS
With regard to the territorial waters there are three (3) sea
boundaries
Indonesia. These boundaries are:
a) the Territorial Sea Boundary
Territorial sea is the sea which is part of the territory of a
state and under the sovereignty of the countries concerned.
b) Limit of the Continental Shelf
The continental shelf (continental shelf) is the bottom of the
ocean, both of
In terms of geology and morphology in terms of a continuation
of the continent
or continent.
c) limit of the Exclusive Economic Zone (EEZ
EEZ limit is200 miles from the base line toward the open sea.
Authority of the country in the region
ZEE is authorized leverage the resources, both at sea
or under the seabed.
 Sovereign Governments
The word "sovereignty" means the highest authority. With
Thus a sovereign government means that a government that has
supreme power, the power that is not under control
more.
State sovereignty can be defined as sovereignty inside
and sovereignty to the outside.
Sovereignty is the supreme power into
for their own people. While sovereignty to the outside is
supreme power that should be respected by other countries.
With government sovereign right to manage their own country
without interference from other countries.
 Sovereign Governments
The word "sovereignty" means the highest authority. With
Thus a sovereign government means that a government that has
supreme power, the power that is not under control
more.
State sovereignty can be defined as sovereignty inside
and sovereignty to the outside.
Sovereignty is the supreme power into
for their own people. While sovereignty to the outside is
supreme power that should be respected by other countries.
With government sovereign right to manage their own country
without interference from other countries.
 Characters of The State
There are three characters of the State :
a. Forcing
b. Monopolyc
c. Including/Covering All
 Characters of The State
a. Forcing
The State has the nature of force means that the state has the
rightor the authority to impose the regulations made
to be obeyed by all citizens.
To impose variousregulation made the state government has the
means such assoldiers, police, judges, prosecutors, and so on.
State's right to determinesanctions for violations of the rules are
made, from sanctions mild to very severe sanctions in the form
of criminal, even death penalty.
 Characters of The State
b. Monopoly
The state also has a monopoly character to indicate the right or
authority of the state to manage the country
or specify an action without right or authority The same on the
other.
The nature of the monopoly held by state
involves several things. The state has a monopoly on determin
ing the purpose of a society.
 Characters of The State
c. Covering All
This character means that state power applies to
everyone in the country concerned.
No residentssociety can exclude themselves from the influence
country. In connection with that that the regulations made by
statein principle applies to any person in the territory of the
country without exception.
When the rules have been created or established, everyone
thought out and have to cooperate. Anyone who does
violation will be penalized in accordance with applicable
regulations.
The Purpose The State
In general it can be said that the goal of every country is
realize the happiness for the people. Despite the fact also
indicates that the government acted arbitrarily
against its own people.
According to Roger H. Soltau opinion, the country's goal is to
enable
people "developing and organizing their creativity as freely
may “
(the Freest possible development and creative self-expression of
its members).
Meanwhile, according to Harold J. Laski opinion, thepurpose of
the state is (creation of those conditions under which the
members of the state may attain the maximum satisfaction of
their desires)
The Functions of The State
Meanwhile, according to Charles E. Cannon, a function that
should be is run by the state including:
a. External security functions;
b. The function of internal order;
c. Functionality of justice;
d. The function of the general welfare;
e. The function of freedom.