FH UNILA_ILMU NEGARA_KELOMPOK 7_TEMA ALAT KELENGKAPAN NEGARA

Summary

The video discusses the concept of state apparatus and its various components in Indonesia. It defines state apparatus as individuals or institutions authorized to enact and implement the country's laws and policies. It highlights the distinction between broad and narrow definitions, covering high-level government bodies like the President, MPR, DPR, and regional organizations. The discussion also explores the hierarchical structure and functional roles of state institutions, such as legislative, executive, and judicial powers, as well as the different theories on the separation and distribution of powers within the country. The video concludes with an exploration of Indonesia's constitutional framework and the legal foundations of its governance.

Takeaways

• 😀 The term 'Alat Perlengkapan Negara' refers to state apparatus, which includes individuals or institutions authorized to represent or execute the will of the government.
• 😀 The state apparatus includes both high-level positions (e.g., President, Parliament) and lower-level positions (e.g., local officials).
• 😀 The concept of state apparatus can be interpreted broadly (including all government officials) or narrowly (focused on central government bodies and representatives).
• 😀 The primary goals of state apparatus are to implement the functions of the state and ensure cooperation between different bodies to achieve long-term national goals.
• 😀 State apparatus is categorized hierarchically into high-level (e.g., President, Supreme Court), mid-level (e.g., military, police), and local government bodies (e.g., provincial and district governments).
• 😀 Different levels of the state apparatus receive different legal treatments, such as variations in salary, protocol, and treatment based on their rank and function.
• 😀 State apparatus bodies perform distinct functions, which are typically classified into three categories: legislative (law-making), executive (implementation), and judicial (enforcement and judgment).
• 😀 The Indonesian Constitution (1945) establishes the structure of the state apparatus, identifying key bodies such as the President, Parliament, and various other government institutions.
• 😀 Montesquieu's theory of the separation of powers plays a critical role in the organization of state apparatus, dividing powers into legislative, executive, and judicial branches to avoid abuse of power.
• 😀 The Constitution serves as the foundational legal document that defines and organizes the state apparatus, ensuring the balance of power and protecting the rights of citizens.

Q & A

What is the definition of 'state apparatus' in the context of the Indonesian Constitution?

The term 'state apparatus' refers to individuals or bodies with the authority, based on laws or regulations, to express and implement the will of the state. This includes high-ranking bodies such as the President and the People's Consultative Assembly (MPR), as well as lower-level government officials like village heads.

How is the term 'state apparatus' understood in the broad sense?

In the broad sense, 'state apparatus' encompasses all officials or employees within a country, from the highest levels such as the President to the lowest levels such as village heads. It includes both collective bodies like the MPR and DPR and individual roles such as the President, district heads, and village leaders.

What is the difference between the broad and narrow definitions of 'state apparatus'?

The broad definition of state apparatus includes all government officials and institutions at both the national and local levels. In contrast, the narrow definition is focused solely on national-level entities such as the MPR, DPR, and DPD, as well as representative bodies.

What are the two main objectives behind the formation of state apparatus?

The two main objectives are: (1) To functionally carry out the state's and government's duties in a practical and ideological manner, and (2) To collaborate in forming a unified system that helps realize the state's functions in the long term.

How is state apparatus categorized according to its hierarchy and functions?

State apparatus is categorized in terms of hierarchy into three layers: the first layer (highest) includes the President, MPR, DPR, DPD, and others; the second layer includes institutions such as the TNI, Polri, and KPU; and the third layer includes constitutional organs like the National Law Commission and Ombudsman. Functionally, state apparatus serves in legislative, executive, and judicial capacities.

What are the functions of the different branches of government as explained in the script?

The three main functions of the state apparatus are: (1) Legislative: Making laws and overseeing government actions, (2) Executive: Enforcing and implementing laws, and (3) Judicial: Interpreting and upholding laws.

What is the separation of powers theory as mentioned in the script?

The theory of separation of powers divides the state's authority into three branches: legislative, judicial, and executive. This concept ensures that no branch holds excessive power, preventing potential abuse or oppression. It is a mechanism to maintain a balance of power within the government.

Who proposed the separation of powers theory and how is it applied?

The separation of powers theory was proposed by Montesquieu in his book 'The Spirit of the Laws.' It divides government power into three functions (legislative, executive, and judicial) and ensures that these branches operate independently to avoid any single branch becoming too powerful.

How does the script explain the different levels of state institutions in Indonesia?

The script outlines a three-tiered hierarchy of state institutions in Indonesia: the first layer includes the President, MPR, and other top bodies; the second layer includes institutions such as the military (TNI), police (Polri), and central bank; the third layer includes regional institutions like provincial and district governments.

What role does the Constitution play in defining state apparatus?

The Constitution of Indonesia, particularly in Articles 44 and 18, outlines the structure and functions of state apparatus, identifying key government bodies such as the President, MPR, and DPR. The Constitution serves as the foundation for organizing and delineating the functions of state apparatus.