The history of the birth of the nation of Indonesia is quite long and can not be separated from efforts Vereenigde Oost Indische Companie (VOC) which followed the Dutch Government to divide the people of the archipelago, through the wisdom of the population election. But the reaction of the people of the archipelago even want to come together and grouped on the basis of similarity: a residence, place of origin and religion. This is the spirit of unity in pluralism embryo is formed.
Political Ethics in the European Movement held also in the archipelago with the intent to repay the people. Premises so people will easily set up by the Dutch. It turns out that this movement was welcomed by the movement and assisted by the rulers lokal.Para movement leaders and education efforts to establish schools for the pribumi.Boedi Utomo is the first indigenous community organization providing education to the natives. The natives became thirsty reading and science pengetahuan.Sastra West began diterjemahakan and published in Malay and Javanese who ultimately uplifting egaliter.Dari egalitarian evoke the spirit of national consciousness and politics, which later became a political movement that eventually Indonesia. Therefore, Ben Anderson argues that the nation state is an imagined community that is united.
State according to Logemann is a community organization that aims to regulate power and organize a society. Furthermore, according to Max Weber State is a political structure that is governed by law, which includes a human community living in a particular region and considers the area concerned as belonging to them for shelter and livelihood (Naning, 1983: 3-4). There procurement and maintenance procedures regularity (law) for the life of them.There monopoly ownership and legitimate use of force fission (legitemasi). Thus the state is a tool of people to organize the relationship between humans and humans with the State. The existence of the State legitemasi, this organization can legally force powers against all the diversity in the community. There are three properties that is sovereignty. First, the nature of the force that the state has the power to use physical violence as a legitimate (legal) to be orderly and safe. Second, the nature of the monopoly that has the right and power of the country single in setting common goals of the community / nation. Third, the nature of covering all that is all legislation concerning everyone, both citizens and non-citizens.
According to the Convention required Montevido 3 constitutive conditions. First there must be a region, which is an area that has been declared as belonging to the nation, and the boundaries set by international treaty. Secondly there must be people, ie people who inhabit the region and may consist of the various groups / social diversity; which must abide by the law and the legitimate government. Thirdly there must be a government, which is an organization that is entitled to organize and authority to formulate and implement laws that bind citizens.
Furthermore, according to Prof. Dr. Sri Soemantri SH (Diknas, 2001: 50) can also be added there is recognition of the sovereignty of other countries. Sovereignty is an absolute element that must exist and is a characteristic that distinguishes between government organizations with prganisasi community / social. To be able to face the opponent, the state reserves the right to claim the loyalty of the citizens. Similarly, you can add any destination country express / implied by the constitution.
Country is a region on the surface of the earth that power both political, military, economic, social and cultural regulated by the government are in the region. The state also is an area that has a system or rules that apply to all individuals in the region, and stand independently.
The primary requirement is to have a state of the people, has the region, and has a sovereign government. While the secondary requirement is received recognition from other countries.
Some understanding of the State by state experts:
George Jellinek: The state is the organization of the power of a group of people who inhabit a particular area.
GWF Hegel: The state is the organization of decency that appears as a synthesis of individual freedom and universal freedom.
Logeman: State is a community organization (bondage) whose objective was to set up and maintain a certain community with his power.
ORIGINS OF OCCURRENCE STATE HISTORICAL FACT BASED
This occurs when an area that is not man's and yet mastered, then occupied and controlled. For example, Liberia occupied Negro slaves were freed in 1847.
This occurs when small countries that inhabit the region entered into an agreement to merge with each other or united into a new state. For example, the formation of the German Federation of 1871.
This occurs when an area is handed over to other countries under a specific agreement. For example, Region Sleeswijk in World War I handed over by Austria to Prussia, (Germany).
This occurs when a region formed by raising the Mud River or from the seabed (Delta). Later in the area inhabited by a group of people forming the state. For example, the Egyptian state region formed from the Nile Delta.
This occurs because an area that was once a colony abandoned. So that residents of the area can be declared independence. For example, in Indonesia, which never left Japan because at that time the Japanese bombed by the Americans in the area of Hiroshima and Nagasaki.
Theories about the origin or the theory of state formation can be viewed from two aspects, namely the speculative theory and evolutionary theory.
1. The theory is speculative
This theory includes theocratic theory, the theory of community agreements, and the theory of strength or power.
a. Theory Theocracy (divinity) according to the theory of divinity, everything in the world is the existence of the will Allohu glory to Him, so that the state is essentially rests on the will of God. Adherents of this theory is Fiedrich Julius stah, which states that the state grew gradually through a gradual process starting from the family into a nation.
b. The theory of public agreement. In this theory appears three most famous figures, namely Thomas Hobbes, John Locke and JJ Rousseau. According to this theory states that arise because of an agreement made between people who had been living free spirit, apart from each other without bonding state. This Agreement is held so that common interests can be maintained and guaranteed, so that "a person who is not a wild animal for others" (homo homini lupus, according to Hobbes).
c. Theory of power / strength. According to the theory of power / strength, the formation of the state based on the power / strength, for example melaluipendudukan and conquest. Judging from the theory of strength, the emergence of the first countries, or stems from the existence of several groups within a tribe, each headed by a chief (progenitor). Then the various groups living in a competition for land / territory, where they get food source. Further result they then attempt to beat a rival group.
Characteristically 2. Theory of Evolution
The theory of evolution or historical theory is a theory which states that the institutions - social institutions are not made, but grow evolutionarily fit the needs - human needs. As a social institution that is intended to meet needs - human needs, the agency - the agency was not immune from the influence of the place, time, and demands - demands of the times. According to evolutionary theory is the country is historically-social (of the family into the country). Included in this theory is the theory of evolution, among others, the laws of nature. Based on the theory of natural law, the state occur naturally.
Element - the element of state formation
1. People are people who live in a country or become residents of a particular region. People defined as a group of people who are united by a sense of equality and equality and together occupy an area of the country.
Understanding people with residents and citizens of different countries, and the other one is a concept that is similar but not identical.
People of a country divided into two, namely:
a. residents and non-residents. Residents are people who live or lived in a country, being a non-resident is a person who is in a region of a country and are not intended to stay or settle in the country.
b. citizens and non-citizens. Citizen is the person who is legally a member of a country, while not a citizen called foreigners or foreign nationals.
2. The area is a place where humans and also in the hold state government. Region is a room consisting of soil, land, water, air space and territorial exist thereon.
3. sovereign government
The government has sovereignty that is:
a. Original, sovereignty was not derived from any other higher power.
b. Permanent, it will exist as long as the sovereignty of the state is still standing. In a perpetual state sovereignty, because sovereignty will remain there even though his administration has changed.
c. Not divided, sovereignty is the only supreme power in the country.
d. Not limited to, sovereignty was not restricted by anyone.
4. Recognition of other countries
Recognition can be distinguished from other countries are de facto and de jure
a. The recognition of de facto recognition of the reality of a country that can make contact with other countries that recognize it.
b. De jure recognition is officially recognized by the law of another State with all its consequences.