Kuliah Ilmu Negara : Unsur- Unsur Terbentuknya Negara

Summary

In this lecture, Ibu Markaryan discusses the essential elements of state formation, including primary conditions such as territory, population, and sovereign government, as well as the secondary condition of international recognition. Drawing from the Montevideo Convention of 1933, the lecture highlights the importance of these components for a state's legitimacy. Students are encouraged to understand these foundational concepts to grasp the complexities of statehood and sovereignty. The session concludes with the hope that students will apply this knowledge to better understand the dynamics of states in the global context.

Takeaways

• 😀 A state must have a defined territory, including land, air, and sea, as these are essential elements for state formation.
• 😀 The population of a state includes both citizens and non-citizens, and there are different criteria for citizenship, such as 'ius sanguinis' (by blood) and 'ius soli' (by birthright).
• 😀 A state must have a sovereign government that is recognized by its people and operates within its territory.
• 😀 Sovereignty is a fundamental requirement for the existence of a state, as it represents the supreme power of a state over its territory and people.
• 😀 The formation of a state requires primary elements: territory, population, and a government with sovereignty.
• 😀 Secondary elements like recognition from other states are important but not necessary for a state to exist.
• 😀 Recognition of a state can be either 'de facto' (acknowledgment of existence) or 'de jure' (legal recognition according to international law).
• 😀 A state cannot be considered a legitimate entity if it lacks any of the primary elements of formation, such as government, territory, or population.
• 😀 The Montevideo Convention of 1933 outlines four main constitutive elements of a state: population, territory, government, and the ability to engage in relations with other states.
• 😀 The presence of a government that holds legitimate authority and is acknowledged by both the population and other nations is a crucial component for the state to be recognized internationally.

Q & A

What are the primary learning objectives of the lecture?

The primary learning objectives are for students to understand the essential elements of a country, including the primary and secondary requirements, such as territory, population, government, sovereignty, and international recognition.

What are the primary elements (unsur primer) that form a country?

The primary elements include: territory (wilayah), population (rakyat), and a sovereign government (pemerintah yang berdaulat). These are essential for a country to exist.

What are the secondary elements (unsur sekunder) in the formation of a country?

The secondary element is international recognition from other countries. While not essential for a country to exist, it is important for the country’s interactions and diplomacy.

How does territory play a role in the formation of a country?

A country must have defined territory, which includes land, air, and sea. This territory is typically established through international agreements and is a key part of a country's existence.

What is the significance of population in a country's formation?

Population is essential for a country as it consists of the people living within its territory. This includes both citizens and non-citizens, and it is critical in determining the country’s identity and governance.

What are the criteria for determining citizenship in a country?

Citizenship can be determined through *ius sanguinis* (based on parents’ nationality), *ius soli* (based on the place of birth), or through naturalization, which involves a formal process for acquiring citizenship.

What does 'sovereign government' mean in the context of a country's formation?

A sovereign government refers to a governing body that holds ultimate power and authority over a country’s territory and people. This government must be recognized by its citizens and other countries.

Why is international recognition important for a country?

International recognition is important as it allows a country to engage in diplomatic relations, sign treaties, and be acknowledged by other nations, thus ensuring its role in the global community.

What is the difference between 'de facto' and 'de jure' recognition?

'De facto' recognition refers to acknowledging the existence of a country based on practical, real-world interaction, while 'de jure' recognition is formal, legal acknowledgment by other countries, recognizing a country’s existence according to international law.

How does the sovereignty of a government affect the formation of a country?

Sovereignty is a crucial factor as it represents the highest authority of a country within its territory. A sovereign government ensures that the country can make laws, enforce them, and conduct foreign relations without interference from external powers.