Character Building Kewarganegaraan

Session 3
State and Constitution, Law Enforcement
 LEARNING
OUTCOME

LO 3: to analyze the relationship among

constitution, State, democracy, and law
enforcement in Indonesia
 The State is an extension of every human. Every individual exists and
grows in a particular country. The state is a natural institution because
the state reflects the natural structure of human beings. The state exists
to meet human economic needs and other needs that humans cannot
fulfill individually as humans. So, the state exists to regulate the ways
in which we human beings should meet our individual needs in society.

PLATO
 The state is a natural institution. However, Aquinas emphasized the
divine-theological dimension and the metaphysical-transcendental
element of the existence of a state. For him, the true state is neither a
human creation nor a mere construction of social reality. But more than
that, the state is actually a creation of God himself. The state was
created by the divine power and providence of God as the Creator of the
Universe.

THOMAS
State and individual are always a continuous
dialectical process. The dialectic occurs
between the family and society. This dialectic
between individuals and society is an ongoing
process within a country. The state is the result
of the dialectic between the individual and
society. At first the individual (thesis) steps out
towards social society (antithesis) and then a
state is formed (synthesis). So the state is the
result of a dialectic between individuals and FRIEDRICH
civil society.
HEGEL
 The state is an institution or institution that has hegemony. The
basis or starting point of the country's hegemony is the existence
of consensus (agreement). The contents of the consensus
include:
• State hegemony is strengthened by the authorities
• The role of intellectuals as organizing hegemony
• State hegemony will create a crisis that will harm anyone who
lives in the power of a state.

ANTONIO
GRAMSCI
What is a Constitution?

The constitution comes from the Latin

word (constitutio), French (constituer),
Dutch (Grondwet) which means to form,
law, or rule.
 Constitution in Indonesia

Indonesia also has a

constitution or basic
law commonly known
as the UUD 1945.
Indonesia Common Purposes
Preamble of the 1945 Constitution, paragraph IV, namely:
• Protect the entire nation and the entire territory of the
Indonesian homeland
• Improve people's lives
• Enrich the life of a nation
• Join together with other nations to build a peaceful and
sovereign world life
 Conclusion

Indonesia is one of the countries in the

world that aims to create a decent life for
its citizens. This is evidenced by the
constitution that formed the state of
Indonesia, as well as the elaboration of the
constitution that guarantees the rights and
obligations of citizens.
LAW ENFORCEMENT
Man and the nature of the
social contract
Humans cannot live together without an
agreement. Through the unit called the
State, humans agree on the terms of
living together through the law. Law is the
main requirement in addition to the
willingness of individuals, in forming a
contract to live together.
 What is legal law?

Law is basically a set of rules that are

created and enforced by a particular
country or community through social or
governmental institutions to regulate
the actions of its members.
 Indonesia as a legal state

Indonesia firmly requires the development of the

general welfare and make justice, social welfare as one

of the principles of state life cannot give conclusion

other than the affirmation that Indonesia adheres to a

material law state

which is not only tasked with enforcing the law (in the

narrow sense of the law) but tasked with upholding

justice based on Pancasila.

 State of law requirements
1. There is constitutional protection

2. The existence of an independent and impartial judiciary.

3. There are free elections.

4. There is freedom of expression.

5. There is freedom of association/organization and opposition

6. The existence of civic education.

(The International Commission of Jurist)

 Law Enforcement and the Nature of Law for
Citizens

Law enforcement is the process of making efforts to

enforce or actual functioning of legal norms as

behavioral guidelines in the past cross or legal

relations in the life of society and the state.

 Law Enforcement and the Nature of Law for
Citizens
Law enforcement is an activity to implement

the law according to the rules or norm law

against any violation or deviation of the law.

Enforcement law is an effort so that the law as

a set of rules that regulate all aspects of social

and state life are strictly adhered to and

properly implemented.
 Equality
Law Enforcement Legal
institution before the law
Problems in
Indonesia The Simple Human Resource
Reality of
Justice
 Conclusion

Indonesia is a state of law and because of

that, Indonesian people need two things
to make life better. The first is legal
awareness and the second is an effort to
enforce the law. With these two efforts,
the state and society can become
developed countries.