State Elements – Currently, there are already many countries in a continent. Even though there are already many countries on this earth, countries cannot be formed just like that. In other words, a new state can be formed if it already has elements of the state. Then, what are the elements of the state?
Before discussing further about the elements of the state, it is better for us to discuss the meaning of the state first.
Definition of Country
A region is said to be a country if it has people, permanent territory, and sovereign government. The definition of the state is the form of organization of society or groups of people who have the power to regulate relations by administering order and setting the goals of life together.
Meanwhile, according to the Big Indonesian Dictionary or KBBI, the notion of a state is as an organization in an area that has the highest legal authority and is obeyed by the people. In addition, the notion of the state is a social group that occupies a certain territory or area that is organized under effective political and governmental institutions, has political unity, is sovereign, so that it has the right to determine its national goals.
A region can be said to be a country if the region has fulfilled the various elements needed by a country in it. Until now, the number of countries around the world has reached 195 countries. Each of these countries has a form of government that is different from one another.
The establishment of a country is influenced by four important elements, namely people, territory, government, and recognition from other countries. The most important state elements for the establishment of a state are the people. However, that does not mean the other three elements are not important. Because, the establishment or formation of a state must indeed fulfill these four elements.
Reporting from the journal Constitution as a Benchmark for the Existence of a Modern Law State (2018) written by Indah Sari, the four important elements for the establishment of a state are in line with Article 1 of the Montevideo Convention in 1933.
Definition of the State According to Experts
The following is the meaning of the state according to experts, namely:
According to Aristotle, the notion of the state comes from the merging of families into larger groups.
Later, these groups merged with each other and became a village, and so on until it became a country. The country referred to by Aristotle is still the same as a city or polis.
The definition of a state is an organization that gets power from the community and already has a certain territory.
3. Immanuel Kant
Immanuel Kant said that the notion of the state is an organization that functions to carry out the public interest in the jurisdiction, within the limits set by law, which have been mutually agreed upon.
4. Max Weber
According to Max Weber, the state is a group of people who monopolize the use of physical violence in certain areas. The state as an obligatory political organization with a centralized government maintains a monopoly on the lawful use of force within a given territory.
According to Mac Iver, the state is an association that creates public order in a certain area by using a legal system, where to realize this situation, there is the granting of coercive power.
6. Miriam Budiardjo
According to Miriam Budiardjo, the notion of the state is an area where there are people and these people are governed by officials so that these people comply with legal regulations. The order is based on sovereign power.
Theory of State Formation
1. The Occupational Theory
The theory of the formation of a state in which a free area is then occupied by a nation which then establishes a state in the area is called the theory of occupatie or conquest. Occupatie is the occupation of an area that was originally no man’s land by humans or a nation, which then establishes a state in that area.
An example of the occupatie or conquest theory is the occupation of Liberia by Negro slaves who were liberated in 1847. Another example is the countries that existed in the era of Ancient Greece and Ancient Rome.
Apart from the theory of occupatie or conquest, based on a factual approach, states can also be formed due to:
Separation from the mother country and declaring its own independence.
Merging several countries into one new country.
A country that disappears then a new country appears on top of its former territory.
Submission of an area to another country.
Conquest of a territory that allows the establishment of a state in that region after 30 years without any reaction from the local population.
Declaration of independence after the success of reclaiming the colonized territories.
2. Theory of God
This divine theory is also often referred to as theocracy. According to the Ministry of Education and Culture (Kemdikbud) website , this theory believes that the state is formed because of God’s will rather than struggle or revolution.
Monarchy countries generally believe that a country is formed because of God’s sovereignty. For example the UK. The principle of God’s sovereignty is not only in terms of the theory of the formation of the state, but also in the moral and legal foundations of government.
3. Community Agreement Theory
Community contract theory is also known as social contract theory. That is, a country is formed because of an agreement between peoples. Jean Jacques Rousseau explained that the condition of society before the formation of the state was to live individually, freely and equally.
However, the community cannot be happy and feel safe because there are continuous attacks from outside the community. Until finally the community made an agreement or social contract to establish a state.
Indirectly, the power of a country is in the hands of the people. Because the people determine the leaders and representatives of the people. The state cannot act arbitrarily, because it must follow the limits set by society.
4. Power Theory
The theory of power means that a country is formed because of power. This means that it is the most powerful person or group that establishes the state. Broadly speaking, the theory of power means that the most powerful group will dominate the weakest group, after a fierce battle.
HJ Laski said that the state can regulate the behavior of its people through a number of regulations it has made to force people to obey the state. The state is controlled by a person or group of people who are strong in various ways, such as intelligence, economy, religion, and physique.
5. Natural Law Theory
The occurrence of the state because something naturally occurs is the theory of natural law. This theory says that natural law is not made by the state, but exists because it is according to nature’s will.
Thomas Aquinas wrote that the formation and existence of a state cannot be separated from natural law. This is because according to the laws of nature, humans must live side by side and work together to meet their needs.
In addition, by nature humans are social and political creatures, who need to establish communities to express opinions and contribute ideas.
Types of State Power
State power is the authority of a state to regulate all its people to achieve justice, prosperity and order. According to the Big Indonesian Dictionary (KBBI), state power is solely aimed at maintaining and maintaining power.
In the book The Unitary State: Concepts, Principles, and Their Applications (2006) by Astim Riyanto, according to the theory of figure John Locke state power can be divided into three, namely:
1. Legislative Power
Legislative power is the power to make or pass laws. Reported by the Encyclopaedia Britannica (2015) , before the advent of the legislature, laws were dictated by the king.
Early legislatures included the English parliament and the Icelandic Althing (founded c. 930). Their powers may include passing laws, setting government budgets. Then, the confirmation of executive appointments, executive branch investigators, impeachment and removal of members of the executive office and the judiciary.
In addition, fix constituent complaints. Members can be appointed or elected directly or indirectly. They can represent a specific population, group, or territorial area. In a presidential system, the executive and legislature are separate. In a parliamentary system, members of the executive branch are elected from members of the legislature.
2. Executive Powers
Executive power is the power to enforce laws. They also have the power to try any violation of the law.
In addition, it also appoints officials, formulates and institutionalizes foreign policy. Executive power is the power to enforce laws
3. Judicial power
Judicial power is the power to defend laws. This power also aims to prosecute any violation of the law. This power often resolves administrative cases, disputes between individuals, groups, legal entities, and government institutions regarding the application of laws or the implementation of government programs.
Most legal systems have included the principle of state sovereignty. Where the government cannot be sued by non-state courts without their consent.
State goals are generally adjusted to the view of life and noble values of a country. Each country has its own goals. In order to achieve these goals, a state must carry out various existing functions. Basically, the goals of the state are related to the form of the state, the formation and function of state agencies, and the relationship of state agencies.
Even so, some experts express their opinions regarding the goals of the state, namely as follows:
1. State goals according to Shang Hyang
Reporting from the book State Science: Educational Materials for Higher Education (2019) by Max Boli Sabon, Shang Yang formulated the goals of the state as power for power. This means that the state power is the center of all power.
The country’s goals can be achieved by preparing a strong, disciplined army that is ready to face all eventualities. Shang Yang explained that in every country, there are two subjects that always confront and conflict, namely the government and the people.
If one of them is strong, the other must be weak. If the state becomes a strong party, it means that the state will be safe. Conversely, if the state is weak, the condition of the state will be chaotic and anarchic.
2. State goals according to Niccolo Machiavelli
Broadly speaking, Machiavelli’s view is almost the same as Shang Yang’s. According to Niccolo Machiavelli, the purpose 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:
- The government must always try to be above all streams, even if it is weak, it must show that it is more powerful (staats raison).
- Against the people, the government sometimes has to be a lion, so that the people are afraid or sometimes like a mouse deer, so that they are clever in controlling the people (double morals).
- The government may do anything, as long as it is in the interest of the state (the goal justifies any means).
- Any resistance to the government must be dealt with firmly (state power or machstaotsgedachte).
3. State goals according to Dante Alighieri
The goal of the state is to create world peace, through the creation of uniform laws for all mankind. Dante Alighieri argues that world peace and order will not be realized, if there are still many countries or governments in the world that are still competing and fighting.
4. Purpose of the State according to Immanuel Kant
The purpose of the state according to Immanuel Kant is to uphold the rights and freedoms of its citizens. That is, the state must guarantee the legal status of individuals within the country.
This guarantee means that there should be no coercion on citizens who do not comply with the law, because they have not agreed to it. In addition, every citizen also has the same legal position, and may not be treated arbitrarily by the authorities. In order to achieve this goal, the state must separate power from their respective bodies.
For example, legislative power is held by the legislature, executive power is held by the executive body, and judicial power is held by the judiciary.
5. Goals of the State for Socialists
According to socialists, the aim of the state is to provide the greatest and most equal happiness for every human being. The basis of the socialist view is that all humans are born with equal rights and are entitled to equal treatment.
Socialists are of the view that social justice can only be achieved by changing a liberal economy into a family economy under state leadership. The method is that the means of production and distribution which are important and affect the lives of many people, must be owned by the state.
” The State as a person of international law should possess the following qualifications ” (a state as a subject of international law must have several elements), namely:
1. Permanent population (must have permanent residents or people)
As mentioned above, the most important element in the establishment of a state is the people. The presence of the people or residents is very important for the formation of a state. Because, without the people, the state will not be formed or stand. So, with the initiative of the people a country can stand.
2. Defined territory (must have a territory or areas)
Is an area that is used as a place to live for the people and the location to organize the state government. Territory is also an important element of the establishment of a country. This is because it is impossible for a country to exist or be formed without clear boundaries.
3. Government (there must be a government)
The government is a tool of the state whose duty and function is to lead state organizations to achieve common goals. This important element of the establishment of a country is needed to secure the territory and regulate public relations so that it is orderly.
In order for this to be achieved, it is necessary to have the power held and exercised by the state government. That way, clear laws will be born, so that society can be more orderly and peaceful.
4. Capacity to enter into relations with other States (ability to enter into relations with other countries)
Countries need to establish relations with other countries, to get recognition which explains that the country has existed and is recognized by the world. This important element of the establishment of a country is not an absolute requirement that must be fulfilled immediately. However, it can be done to carry out international relations in order to achieve national interests.
From all the discussion above, it can be said that the existence of a state does not just happen, but must fulfill several elements of the state and also conditions. Thus the discussion about the elements of the state, I hope this article will be of use to Sinaumed’s.
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