STATE

ELEMENTS
AND GOALS
Presents By : Try Ruliyanti, S.H.,M.H.
LEARNING OUTCOMES:

1. Understand the elements of the State

2. Understand the goals and functions of the State

LEARN MORE
I. ELEMENTS OF THE STATE
STATE ELEMENTS ARE PARTS OR ELEMENTS THAT ARE CONSIDERED IMPORTANT IN FORMING
A STATE ORGANIZATION. STATE ELEMENTS CAN BE QUALIFIED INTO 3 PARTS, NAMELY:

TRADITIONAL STATE ELEMENTS

The traditional element in the formation of a State is when the State stands alone

1 naturally. The elements contained in the traditional elements of the State are :
People
Region
Government

MODERN STATE ELEMENTS

The element in the formation of a modern State is one of the elements of a State in a
region that forms its State by liberating itself from colonialism or the power of another
2 State. The elements contained in the elements of a modern state are:
People
Region
Government
Independence
STATE ELEMENTS ARE PARTS OR ELEMENTS THAT ARE CONSIDERED IMPORTANT IN FORMING
A STATE ORGANIZATION. STATE ELEMENTS CAN BE QUALIFIED INTO 3 PARTS, NAMELY:

STATE ELEMENTS OF THE MONTEVIDEO CONVENTION

The elements for the formation of a State according to the Montevideo Convention are

3 elements that were initiated in the International Law Convention in Montevideo,

Uruguay in 1933. The elements contained in the Montevideo Convention elements of
the State are :
People
Region
Government
Ability to relate to other countries
Recognition of other countries
 PEOPLE
People are a group of people who live in one place. The existence of the people means there are
people who live and are the subjects of government and the rules that are enforced.
The legal basis is Article 26 of the 1945 Constitution.
There are 2 principles for people to obtain citizenship, namely :

Ius Sanguinis
The hope that a person becomes a citizen based on heredity

Ius Soli
The principle that someone becomes a citizen based on their place of birth
 REGION

The area in question is a physical location with clear territorial boundaries

where the State's authority applies. The legal basis is Article 25 of the 1945
Constitution.
There are 3 types of regions, namely :

Land Area
Water Area
Airspace
 GOVERNMENT
The meaning of government can be interpreted in a broad sense and a narrow sense.

Broad Meaning
The entirety of the State management bodies with all organizations, their parts and officials who
carry out State duties from the center to remote areas.

Narrow Meaning
A leadership body consisting of someone who has a leadership role and determines the
implementation of state duties.
 INDEPENDENCE

One of the elements of a State in a territory or region that will form its
State by liberating itself from colonialism or power from another State.
 ABILITY TO CONNECT WITH OTHER COUNTRIES
This means that the State is able to establish relations with other countries, whether in the fields of
Economics, Education, Politics, Culture, Security and so on.
This ability to relate to other countries will give rise to recognition from other countries, namely :

De Facto Confession
This recognition is an acknowledgment of the fact of the existence of the State. This recognition is given
based on the fact that a political society has fulfilled the 3 absolute elements of the State.
This recognition is temporary, if the country lasts a long time and its government is stable and fulfills its
obligations as a member of the world family of nations, then it will be followed by de jure recognition.

De Jure Confession
This recognition is an acknowledgment of the legitimacy of a State based on juridical considerations
according to law. By obtaining this recognition, a country obtains its rights and obligations as a member
of the world family of nations.
II. COUNTRY GOALS
The difference between goals and functions, if goals and functions are related to the State, then
the goal shows what the State ideally wants to achieve, while the function is the implementation
of those ideals in reality.
State objectives are divided into 2 theories, namely :

1. CLASSICAL STATE GOAL THEORY

Lord Shang
The main goal of the State is a government that has full power over the people by
weakening and stupiding the people.

Machiavelli
The goal of the State is to gain power and exercise power.

Caesar
The goal of the state was initially defense (defensive) but then changed to attack
(offensive).

Al Ghazali
The aim of the State is to implement religious law, realize the benefit of the people,
guarantee order in world affairs and state affairs.
2. THEORY OF MODERN STATE GOALS

Immanuel Kant
The goal of the State is to establish and maintain law.

Montesquieu
The aim of the State is to maintain territory that will be utilized for the greatest benefit of
the people so that they can live in peace and happiness.

Miriam Budiarjo
The goal of the State is banum publictum, common good, common wealth (creating
happiness for the people).
2. THEORY OF MODERN STATE GOALS
Padma Wahyono
According to Padma Wahyono, the goals of the State are divided into 4 theories, namely :
- Theory of Power
That the purpose of the state is solely to maintain the power of the "ruler" (king).
So, this theory can be said to contain dictatorship (Machstaat type).

- Theory of state prosperity (etatism)

According to this theory the center of all life is in the state, therefore the most
important thing is the state. So, the state is an end in itself and not a means to achieve
people's prosperity (polizestaat type).

- Individual Prosperity Theory

According to this theory the goals of the state can only be achieved through individual
freedoms (HAM) which are guaranteed in law. So, there is complete freedom (liberalism) to
achieve prosperity without paying attention to those who cannot afford it (formele rechsaat
type).

- People's Prosperity Theory

According to this theory the state aims at people's prosperity, which must be achieved fairly.
So, in terms of state objectives, the ideal type of state is a "legal-material-social service state
type".
FROM THE
The essence of the State's goal is to achieve the prosperity
of its own country. So the objectives of the Indonesian State
VARIOUS are as stated in the preamble to the 1945 Constitution,

THEORIES
Paragraph 4, namely :
Protect the entire nation and all of Indonesia's bloodshed
ABOVE Promote general welfare
Enrich the life of a nation
Participate in implementing world order

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 STATE FUNCTIONS

John Locke
John Locke proposed three functions of the state by paying attention to those who govern and
those who are governed, as follows :
- Legislative function, namely the function of making laws
- Executive function, namely the function to implement laws or regulations
- Federative function, namely the function for foreign affairs, war and peace

Trias Politica
Proposed by Mntesquieu who divided the functions of the State into :
- Legislative Function
- Executive Function
- Judicial Function
 STATE FUNCTIONS
Praja Chess Theory
proposed by Van Vollenhoven who divided the functions of the state into :
- Legislative function
- Government functions
- Judicial function
- Police Functions

Wolfgang Friedmann
Whereas in the government's task to carry out the goals of the state as an organization of power,
the state can function as :
- Provider, namely the state is responsible for and guarantees a minimum standard of living
as a whole, and provides other social guarantees
- Regulator, namely the state establishes legal rules in the life of the nation and state
- Entrepreneur, namely the state runs the economic sector through state/regional owned
enterprises (BUMN/BUMD) and seeks conducive conditions for the development of the
business world
- Umpire, namely the state sets fair standards for parties operating in the economic sector,
especially between the private sector or between certain business fields
FROM THE it means that the function of the State is to maintain
VARIOUS defense and security, provide justice for all people, provide

THEORIES regulations with a strong foundation to shape the order of

life and guarantee the welfare and prosperity of its citizens.
ABOVE

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 CONCLUSION
From the description above, it can be concluded that there are several important
elements that form a country, such as the existence of certain regions, the
existence of the people, sovereign government, independence and the ability to
relate to other countries.
The importance of fulfilling these elements is to confirm the existence of a country
and gain recognition from other countries in the international world.

A country certainly has its own goals and functions. The objectives of the
Indonesian State as stated in the Preamble to the 1945 Constitution of the
Republic of Indonesia, paragraph 4.
So, to achieve this goal, the function of the State is determined as implementing
these ideals in real life.
THANK
YOU!