CHAR6020 - CB: Kewarganegaraan

Week 3
State and Constitution
 Introduction
• State experienced by every human being
as a political reality given
• His phenomenon occurs because the
country seems far above the
determination of each human subject
• The State has the attributes of power and
authority to regulate human
• Authority was conducted by the
constitution
• The Constitution of the Republic of
Indonesia is UUD 1945
 The Concept of
Nation
• Plato considered the state as being “man writ large” - The state grows out of the
nature of the individual, so that the individual comes logically prior to the state;

• The state is a natural institution because it reflects the human nature structure

• The origin of the state is a reflection of man’s economic needs, for says Plato: “A state
comes into

existence because no individual is self-sufficing; we all have many needs”.

• - The state make the division of labor to fulfill the needs

 The general objective
of the state
• Set the order and the good of all members of
society (against anarchism )
• Directing the activities of the community to
achieve the goal state (bonum commune)
• Protect all the interests of society, including
the rights of citizens
 Concept of
Constitution
• The Latin word (Constitutio), France
(constituer), Netherlands (Grondwet): form,
statute, law, rule.

• The Constitution is the beginning of the

formation of all the rules in the state

• There are two ( 2 ) types of constitution :

codified and uncodified. Most countries in the
world using a written constitution except the
UK and Canada.
 The Functions
Constitution
• Determining/limiting state power  
• Set the relationship between state institutions
• Set the state relations with citizens
• Sources of legitimacy of state power
• Regulatory authority transfer of power
• Unifying the nation-state  
• Controlling social
• Means of community renewal
 The Purposes of the
Indonesian State
The purposes of Indonesia State are listed in
Preamble of Constitution Act 1945 (paragraph 4 ):
a.Protecting the nation
b.Welfare for all citizens
c.Education for all citizens
d.Taking a part to build world peace
 Indonesia based on
the Law
Elements of the State of Law :

•Appreciating the rights and human dignity

•Categorizing and separating of powers
(executive, judicial, legislative )
•Government is running by the state constitution
•The existence of judicial administration in the
dispute between the people and the state
 Constitution of
Indonesia: UUD 1945
• UUD 1945 is the legal basis of the written (basic
law), the constitutional government of the
Republic of Indonesia
• Authorized by PPKI on August 18, 1945
• Presidential Decree of July 5, 1959 re- enact
the '45 Constitution, unanimously by the
Representatives Council on July 22, 1959.
 References

• Modul CB Kewarganegaraan