TEORI-TEORI KEDAULATAN @fyBo'a Kanal Fais Yonas Bo'a #konstitusi

Summary

This video script explores the concept of sovereignty, focusing on its evolution from Jean Bodin's definition to modern political theories, particularly the notion of popular sovereignty. It discusses various types of sovereignty—divine, royal, state, legal, and popular—and their manifestation in Indonesia’s Constitution (UUD 1945). The script highlights how the UUD 1945 incorporates multiple sovereignties, creating a balanced governance system. It emphasizes the dominant role of popular sovereignty while ensuring that legal, state, and divine sovereignties also play vital roles in maintaining stability and harmony in Indonesia's democratic system.

Takeaways

• 😀 Sovereignty is a supreme, indivisible, and eternal power, as defined by Jean Bodin, which cannot be transferred or divided.
• 😀 Jean Bodin's concept of sovereignty laid the foundation for the legal justification of royal power in monarchies.
• 😀 Rousseau shifted the concept of sovereignty towards the people, promoting the idea of popular sovereignty as the ideal form of governance.
• 😀 There are five types of sovereignty: divine, royal, national, legal, and popular, each representing different sources of ultimate power in a state.
• 😀 Divine sovereignty asserts that the highest power in a state comes from God, often leading to theocratic governance.
• 😀 Royal sovereignty places ultimate power in the hands of a monarch, leading to monarchies as the dominant political system.
• 😀 National sovereignty sees the state itself as holding ultimate power, which can manifest in various forms of governance like monarchy, democracy, or even fascism.
• 😀 Legal sovereignty places the law as the supreme power, and is associated with democratic systems where laws govern, and rulers are seen as representatives of the law.
• 😀 Popular sovereignty emphasizes that power lies with the people, and can be transferred to rulers or retained by the people in different ways.
• 😀 The 1945 Indonesian Constitution incorporates multiple forms of sovereignty, including divine, national, popular, and legal sovereignty, reflecting a balance of powers.
• 😀 The 1945 Constitution stresses that sovereignty resides in the people (popular sovereignty), but requires the support of institutions such as the MPR to effectively implement it.

Q & A

What is the definition of sovereignty according to Jean Bodin?

Jean Bodin defined sovereignty as the supreme, original power that is indivisible and eternal. It is not derived from any other power and cannot be transferred. Sovereignty is absolute and lasts indefinitely, regardless of changes in leadership or political structure.

How did the concept of sovereignty evolve after Jean Bodin?

After Jean Bodin, the concept of sovereignty evolved through different theories. Rousseau introduced the idea of popular sovereignty, where ultimate power rests with the people. This contrasted with earlier views like royal sovereignty, where power was vested in the monarch, and divine sovereignty, where power came from God.

What are the five types of sovereignty discussed in the script?

The five types of sovereignty discussed are: 1) Divine Sovereignty, where power is derived from God; 2) Royal Sovereignty, where the monarch holds supreme power; 3) State Sovereignty, where the state itself is sovereign; 4) Legal Sovereignty, where the law is the ultimate authority; and 5) Popular Sovereignty, where the people hold power.

What is the relationship between state sovereignty and royal sovereignty?

State sovereignty and royal sovereignty are similar in essence as both imply a centralized form of power. While royal sovereignty places power in the hands of a monarch, state sovereignty refers to the authority of the state itself, which may be exercised through various forms of government, including monarchies or republics.

How does popular sovereignty function in modern democratic systems?

In modern democratic systems, popular sovereignty means that ultimate power rests with the people. This is typically realized through representative democracy, where elected officials represent the people's will. It involves a system of checks and balances, such as the separation of powers into the legislative, executive, and judicial branches, as described by Montesquieu.

What does the UUD 1945 say about the concept of sovereignty?

The UUD 1945 (Constitution of Indonesia) incorporates multiple forms of sovereignty. It recognizes sovereignty of God, sovereignty of the state, sovereignty of the people, and legal sovereignty. This multi-dimensional approach ensures a balance of powers and prevents any single form of sovereignty from dominating.

What is the significance of sovereignty of God in Indonesia’s Constitution?

Sovereignty of God is embedded in the preamble and specific articles of the UUD 1945, acknowledging God’s supreme power as the foundation for governance. This reflects Indonesia’s commitment to religious values in its legal and political framework.

How does the UUD 1945 address the sovereignty of the state?

Article 33 of the UUD 1945 outlines the sovereignty of the state, particularly regarding the state’s control over natural resources such as land, water, and air. This provision emphasizes that the state has the authority to manage and utilize these resources for the welfare of the people.

What role does legal sovereignty play in Indonesia’s governance according to the UUD 1945?

Legal sovereignty in Indonesia is affirmed in Article 1(3) of the UUD 1945, which establishes that Indonesia is a law-based state. This ensures that the rule of law is supreme, and that power is exercised within the constraints of legal norms and principles.

Why is popular sovereignty considered dominant in Indonesia’s political system?

Popular sovereignty is seen as dominant in Indonesia because it is explicitly stated in the UUD 1945 that sovereignty rests with the people. The constitution envisions a democratic system where representatives are chosen to execute the people's will, and where the rule of law and other forms of sovereignty support the democratic process.