Fundamental Country and Definition of the State According to the Opinion of Experts
Fundamental Country and Definition of the State
State comes from the Latin language, status, or statum which means an upright and permanent condition or something that has upright and permanent characteristics.
The results of the 1993 Montevideo Convention state that a state as a person in international law should have the following qualifications: (Adolf, 2003: 3)
- Resident population
- Certain territory
- A government
- Ability to connect with other countries.
A country is a region on the surface of the earth that power includes the military, political, economic, and social culture governed by the government in the area of the.
The state is a community organization that is different from other forms of organization, mainly because of the state's right to take someone's life.
Apart from the state, it is defined as a political society that is regularly organized, which occupies a certain area and enjoys within certain regional boundaries independence from the control of other countries, so that it can act as an independent body in the face of the world.
If viewed from a sociological point of view, the State is a political group of a community of many people living together and bound by feelings of the same fate and struggle. Talking about the country means talking about people and people.
At least a country should have several conditions, namely :
An area with clearly defined boundaries, along with a reasonable prospect for maintaining it.
Power with de facto ability to govern the area.
Laws or institutions that can provide appropriate protection to foreigners, minorities and can guarantee a fair measure of justice among the entire population.
Public opinion with the institutions channeling it, which provides an indication of the desire for independence, as well as a reasonable guarantee that the most important conditions set out above are of a permanent nature.
The existence of a state, like an organization in general, is to make it easier for its members (the people) to achieve their common goals or ideals.
This common desire is formulated in a document known as the Constitution, which includes values that are upheld by the people as members of the state.
As a document that states common ideals, the purpose of establishing a state constitution is the highest legal document in a country.
Therefore, it also regulates how the state is managed. The Constitution in Indonesia is referred to as the Basic Law.
The modern form of the state is closely related to the people's desire to achieve common prosperity in a democratic way.
The most concrete form of state meeting with the people in public services, namely services provided by the state to the people. Especially how the state provides services to the people as a whole. The most basic service function is providing a sense of security.
The state carries out the function of security services for all the people if all the people feel that there is no threat to their lives. In its development, many countries have different service frameworks for their citizens.
Various decisions have to be made to bind all citizens or the law, whether it is a description of matters that are not clear in the Constitution or to adjust to the changing times or the wishes of the people, all of these policies are contained in a law Decision-making in the process of forming laws must be carried out in a democratic manner, that is, respecting the right of everyone to be involved in making decisions that will bind them.
As in ordinary organizations, there will be people who take care of the interests of the people at large. In a modern country, these people who take care of the lives of the people are also democratically elected.
Definition of the State According to the Opinion of Experts
There are several definitions of the country proposed by several experts. Among them : (Astawa, 2009: 4-6).
- George Jellinek ; a state is an organization of power from a group of people who have lived in a certain area.
- Bellfroid; The state is a legal community, a legal association that occupies a certain area and is equipped with the highest authority for affairs of public interest.
- Logemann; The state is a social organization whose power aims to regulate and organize a society.
- Hans Kelsen; the state is a legal order. Conduct of law arising from the creation of legal rules that determine how people in the community or the state should be responsible for their actions.
- George Wilhelm Friedrich Hegel; the state is a moral organization that appears as a synthesis of individual liberty and universal independence.
- Krannenburg: a state is an organization that arises because of the will of a group or nation itself.
- Roger F. Soltau; A state is a tool or authority that regulates or controls common problems on behalf of the community.
- Prof. R. Djokosoetono: The state is a human organization or group of people who are under the same government.
- Prof. Mr. Soenarko: The state is a community organization that has a certain area, where the state powerfully applies as sovereignty.
- Karl Marx, the state is a means of power for humans (rulers) to oppress other human classes.
In conclusion, State Science is a branch of science that investigates the basic notions and principles of the life of the state which are theoretical and general in nature and are useful for deeper study in the field of Constitutional Law.
