Negara dan Konstitusi (New)

Summary

This lecture explores the concept of the state and constitution, presenting views from various philosophers and political thinkers. Aristotle sees the state as a justice-driven city-state, while Augustine emphasizes a divine and civil state. Machiavelli highlights the pragmatic nature of power, while liberal philosophers like Hobbes and Locke focus on the social contract. The role of the state as a governing authority is discussed through thinkers like Laski, Weber, and Budiarjo. The lecture concludes by explaining the constitution as the supreme law that governs and limits state power, ensuring the protection of citizens' rights.

Takeaways

• 😀 Aristotle views the state as a polis, where justice is the fundamental requirement for its establishment.
• 😀 Augustine defines two types of states: 'civitas Dei' (state of God) and 'civitas terrena' (earthly city), believing a good state must be governed by divine representatives.
• 😀 Nicolo Machiavelli argues that power should not be based solely on morality but on pragmatism, where a ruler must be both feared and respected.
• 😀 Liberal thinkers like Hobbes, Locke, and Rousseau assert that the state is a result of a social contract, created to protect human rights and resolve conflicts.
• 😀 Political thinkers like Roger Soltau and Harold Laski believe the state must possess coercive power to enforce laws and ensure order.
• 😀 Max Weber defines the state as having a monopoly on the legitimate use of physical force within its territory.
• 😀 Miriam Budiarjo states that the success of a government is determined by its ability to enforce laws and ensure citizens' compliance.
• 😀 A state must have three key elements: a valid territory, citizens (or residents), and a legitimate and sovereign government.
• 😀 A constitution is the supreme law of a country, guiding the governance structure and ensuring human rights protection.
• 😀 The constitution not only defines the relationship between the government and its citizens but also limits governmental power to prevent authoritarian rule.

Q & A

What is the concept of the state according to Aristotle?

Aristotle believed that the state, or 'polis,' is necessary for achieving justice. A key requirement for the state's existence is the presence of a legal system where citizens have defined rights and duties.

How did Saint Augustine view the state?

Saint Augustine distinguished between two types of states: 'civitas Dei' (the state of God) and 'civitas terrena' (the earthly state). He argued that a good state is one that operates under divine principles, with the church serving as the representative of God's will.

What was Niccolò Machiavelli's perspective on state power?

Machiavelli believed that power should not be solely based on morality. He argued that a ruler must be both feared, like a lion, and cunning, like a fox, to maintain control. For him, the ultimate goal was to preserve the state, regardless of the means used.

What do liberal philosophers like Hobbes, Locke, and Rousseau say about the state?

Liberal philosophers viewed the state as a product of a social contract, where individuals form a government to protect their natural rights. For them, the state's primary role is to safeguard individual freedoms and maintain order through mutual consent.

What does Roger Soltau say about the role of the state?

Roger Soltau argued that the state acts as an instrument to resolve issues on behalf of society, exercising authority for the common good.

How did Harold Laski define the authority of the state?

Harold Laski emphasized that the state must possess coercive power, meaning it has the authority to enforce laws, and that citizens are obligated to obey the government, which represents the state's power.

What is Max Weber's view on the state and its use of force?

Max Weber defined the state as a society that holds a legal monopoly on physical violence. This means that the state has the exclusive right to use force within its territory, and such force is sanctioned by law.

What did Miriam Budiarjo believe constitutes a successful government?

Miriam Budiarjo argued that the success of a government is measured by its ability to make citizens comply with laws and regulations. If the government cannot achieve this, it is considered a failure.

What are the three essential elements for the existence of a state?

The three essential elements for a state are: a defined territory, a population (citizens), and a legitimate government recognized by the people.

What is the definition of a constitution, and why is it important?

A constitution is the highest legal framework that outlines the functioning of the government and sets boundaries for state power. It is essential for creating a structured and just government, ensuring the protection of rights and maintaining social order.