Origin And Purpose And Function Of The State

ORIGIN AND PURPOSE AND FUNCTION OF THE STATE A. Origin of the State Each country has a different experience in terms of the occurrence of a state until it is recognized by another country. There are several ways to find out the origin of a state, namely: a) Factually, namely how to find out the origin of the state based on real facts that can be known through the history of the birth of the state. Factually, it can be classified again into several events, namely: 1) Occupatie (occupation), namely an area that was previously uninhabited then occupied by a certain tribe or group. For example, Liberia was occupied by black slaves and was liberated in 1947. 2) Cessie (surrender), namely an area is handed over to another country based on a certain agreement. For example, the Sleeswijk region was handed over by Austria to Prussia (Germany) because Austria lost World War I on the basis of an agreement that the country that lost the war must hand over the country it controls to the winning country. 3) Accession (Uplift), occurs due to the formation of a river mud area or arises from the seabed. An example is Egypt which was formed from the Nile delta. 4) Fusion (Merging), namely several countries merge and form a new country. An example is the unification of West Germany and East Germany in 1990. 5) Proclamation, namely when the indigenous population of a country's territory occupied by another nation fights a resistance struggle so that they succeed in seizing their territory and declaring their independence 6) Innovation (New formation), namely the emergence of a new country on the territory of a country that has broken up and disappeared for some reason. An example is the disappearance of the Soviet Union which gave rise to new countries such as Chechnya, Russia, and Uzbekistan. 7) Annexation (annexation/control). vani a country stands on a territory controlled (annexed) by another nation without significant reaction. An example is the formation of Israel which was formed by annexing the areas of Palestine, Syria, Jordan, and Egypt. a. Theoretically There are several theories on the formation of a country, namely: 1) Theory of God, namely everything that happens in the world is by God's will, including the emergence of a country. The figures are: Augustine, Kranenberg, Thomas Aquinas. 2) Theory of Power, namely a country is formed on the basis of power created by the strongest and most powerful person. Supporters of this theory: H.J. Laski, Leon Duguit, and Karl Marx. 3) Theory of Social Contract, a country occurs because of a social agreement to establish a country and choose a ruler who will lead it. The figures are Thomas Hobbes, John Locke, Montesquieu, Rousseau. 4) Theory of Natural Law, namely the emergence of a country because of natural law which is universal and unchanging. b. Based on the growth process Based on this method, the origin of the state is distinguished through two processes, namely: 1) primary: • the growth of tribes/community associations • the emergence of kingdoms • national states • democratic states 2) secondary, where the state has existed before but because of revolution, intervention, and conquest, a new state emerged to replace the existing state, such as the emergence of Chechnya and Uzbekistan after the revolution in the Soviet Union. B. Goals and Functions of the State Goals of the State There are several theories about the goals of the state, namely: a) Power Theory According to Shang Yang, the goal of the state is to obtain the greatest possible power by making its people poor, weak, and stupid. While Aciavelli said that the goal of the state is power used to achieve the greatness and honor of the state. To achieve this goal, a leader is justified in acting cruelly and cunningly. b) World Peace Theory According to Dante Allegieri, the goal of the state is to create world peace, which can be achieved if all countries are in one world kingdom (empire0 with uniform laws for all countries. c) Theory of Guaranteeing Rights and Freedoms The figures of this theory are Immanuel Kant and Kranenburg. Both advocate that the rights and freedoms of citizens are guaranteed, regulations or laws must be formed in the state. Both have differences, where according to Immanuel Kant it is necessary to form a classical legal state (the state as a night watchman), while Kranenberg wants the formation of a modern legal state. (welfare state). State Functions In general, the state's function is to implement order, strive for welfare, defense, and uphold justice. a. According to G. A Jacobsen and M.H Lipman, there are three state functions, namely: 1) essential functions, namely functions that are needed for the continuation of the state. These functions include: • maintaining an army to defend against external attacks and internal unrest; • maintaining a police force to eradicate crime; • maintaining a court to try violations of the law • establishing relations with foreign countries; • collecting taxes. 2) Service Function, namely activities that might not exist if not organized by the state such as caring for the poor, building roads, bridges, etc. 3) Business Function, This function can be carried out by individuals for the purpose of making a profit, it can also be carried out by the state considering that private capital is insufficient. Examples of social security functions, preventing unemployment, organizing postal, telephone, etc. b. R.M Mac Iver in his book Modern State (1926) and The Web of Government (1947) argues that the functions of the state are: 1. Maintaining order within the borders of the state 2. Conservation (rescue) and development Examples of this function are the maintenance of forests, lakes, agricultural products, etc. c. Van Vollenhoven There are four functions of the state known as catur praja, namely the function of organizing government (bestuur), the function of judging (rechtsprak), the function of making regulations (regeling), and the function of order and security (Politie) d. John Locke John Locke divided the functions of the state into three, namely: 1) Legislative function (making laws); 2) Executive (making regulations and judging), 3) Federative (managing foreign affairs, war and peace). e. Montesquieu divided the functions of the state into three, namely: legislative function (making laws), executive (implementing laws), and judiciary (supervising and judging so that every regulation is obeyed)