STATE

Diposting oleh Yuswan Rois on Sabtu, 23 April 2011


I. Preliminary
1. Background
First, the organization or group of classes is a system consisting of several people, both homogeneous and heterogeneous who became one unified whole and be bound by a rule that a shared commitment.
In these circumstances, it takes a management and governance system which consists of the sections. Similarly, occurring in a State, a lot of arrangements that needed to form a stable and balanced order so that the imbalances that occur within a State can be minimized and, of course, with the professionalism of its members.
Second, differences often become obstacles in achieving a unity and the unity of an institution. High Egoistic and lack of tolerance among fellow is a racial and crucial.

2. Main Issues
From the above description, then what exactly should be done a State to obtain existence and recognition of its existence, how the role of the public against a State and vice versa, then how the position of religion in a country?
This paper will discuss several matters relating to what the requirements of a State.
II. Discussion
1. Definition
Country is a collection of people permanently occupying a fixed territory, bound by legal provisions that, through its government is able to run an independent sovereignty and control of society and property within its borders, able to declare war and peace and able to conduct international relations with the international community sharing.
The existence of the state, such as organizations in general, is to facilitate its members (the people) towards a common goal or goals. This shared desire formulated in a document called the Constitution, including the values upheld by the people as a member state. As a document that outlines our goals, the purpose of establishment of the state Constitution is the supreme legal document of a country. Therefore he also governs how state is managed. Indonesia's constitution called the Basic Law.
2. Elements of a State
According to Oppenheim Lauterpacht elements that must be met by a State that is;
a. There must be people.
b. There must be local (point of authority).
c. There must be government.
(Primary requirement)
d. The ability to conduct relations with other countries/sovereign. (Secondary requirement)
Thus if one of the elements above are not met then could not form a state.
A State will get its existence if that State has full sovereignty over itself. What is meant is he is not affected any other power on earth. This is the most important element in terms of international law and which distinguishes the State by units such as the smaller members of the federation or-protectorate protectorate which does not handle its own foreign affairs and not recognized by other States as an independent member of the international community .
3. The forms of state
a. Unitary state; Indonesia, England, France.
b. Dependent states; Germany after World War II.
c. Federal state, the United States, India, Canada and Australia.
d. The Commonwealth; Malaysia, Brunei Darussalam.
e. Neutral state; Switzerland, Austria.
4. The role of community in a State
Community is the people who participated proceed in building a State, both in terms of spiritual and material. Contributions which would mean that once people give to the development and growth of a State if the public relations with government agencies running harmoniously. Often we read the discourse about poor governance and get a response that is not less worse of all students and the community. The reason for suggesting a sign of protest against the government would disturb the atmosphere and eventually eliminate the harmonious relationship between society and the government and threatening national stability of the various terms (in terms of security, economy, human rights violations etc). This is because the ego of each party and the lack of communication and transparency are braided that lead to lack of public trust in government.
Another thing that also in the spotlight is too much demand from the public against the government while the government itself also suffered dilapidation in it so that almost all their aspirations can not be realized. The picture is what is happening in our country so that the roles of both parties can hardly be seen again. This is certainly contrary to the laws of 1945 article 27 paragraph 1 which states: "All citizens shall be equal before the law and government and must uphold the law and the government without any exception."
If you remember at what was said by one of the president of the United States, which reads "Ask not what your country can do for you - ask what you can do for your country", then of course we will give more than demanding. Something like that might be brought Indonesia from developing country to country development.
5. The position of religion in a State
Like what was said by Faisal Ismail in his book "Muslim Response to the Pancasila" which states there are three theories about religion and the State;
Theory about religion and state:
1. State and religion Should not be separated.
2. State and religion Should Be separated.
3. The third theory propose a separation Between religion and state wherein the state's constitution is not Officially based on Islam, but the state still pays attention to or tackles religion issues.
III. Conclusion
A state will never exist if the following three things are not met. Namely, the existence of the people, regions, and the government. Thirdly it is the primary requirement or absolute, in other words if one of them is missing, the country's impossible to stand. existence and plus one more that is the ability to interact with other States to show existence and recognition from various countries. So that must be addressed is in bilateral and multilateral corporation that show the international relationship.









References :
Huala adolf, Aspek-aspek Negara Dalam Hukum Internasional.
Faisal Ismail, Muslim response to the Pancasila, Indonesian politics 1945-1995.

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