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“State and Constitution”

Arranged By :

1. Azelia Aqshalina Hendri (1810513023)

2. Maya Fajri Sophia (1810513032)
3. Mutiara Lailatussubha (1810513019)
4. Haris Fauzi (1810513005)


A. Background
B. Problem Formulation
C. Purpose of Writing
D. Benefits of Writing
A. Understanding About State
I. Definition of State
II. Elements of State
III. Function of State
IV. Goals of State
V. Characteristic of State
VI. State Institution
B. Understanding About Constitution
I. Definition of Constitution
II. Characteristic of Constitution
III. Function of Constitution
IV. Indonesian Constitution
A. Conclusion
B. Suggestion

A. Background
At present, some Indonesians ignore the meaning of the Pancasila as the basis
of the state and the 1945 Constitution as a constitution. In fact, not only ignore,
but many also do not know the meaning of the state and the constitution.
Especially in this global era, people are required to be able to sort out positive
and negative influences. With the existence of education on the basis of the state
and the constitution, it is hoped that the Indonesian people will be able to learn,
understand and carry out all state activities based on the state’s foundation and
constitution, but by not eliminating their identity.
The State Foundation is the source of constitutional formation. Basic State
occupies a position as the highest legal norm in a country. As the highest norm,
the foundation of the state becomes the source of formation for legal norms that
are under it. The constitution is one of the legal norms under the state
foundation. The constitution in its broadest sense is constitutional law, namely
the whole rules and provisions (law) that describe the state constitutional
system, and in the narrow sense of its own constitution is the Basic Law, namely
one or several documents that contain basic rules. Thus, the constitution
originating from the basis of the state, the legal norms borne by the state’s basic
contents must not conflict with the basic norms. The contents of these norms are
aimed at achieving the ideals contained in the basic state. The basis of the State
is the legal ideal of the State. And there is a very related relationship between the
two that we need to know.

B. Problem Formulation
1. What is the meaning of that country?
2. What is the meaning of the Constitution?

C. Purpose of Writing
1. To find out the meaning of the State.
2. To know the meaning of the Constitution.

D. Benefits of Writing
1. Add to our knowledge about the understanding of a country.
2. Adding to our insights about the notion of the constitution.

A. Understanding About State

I. Definition of State
The state is an organization among a group or several groups of
people who jointly explore a particular area, recognizing the existence of
a government that takes care of the rules and safety of a group or several
groups of people in its territory. The state organization in a region is not
the only organization, there are several other organizations (religious,
party, community and other organizations, each of which has a
personality that is independent of state problems). In general, the state is
defined as a major organization within a region because it has an
authorized government and is able to interfere in many ways in the field
of other organizations.

II. Elements of State

a) Citizen
This element is very important in a country, because people
/ people as individuals and members of the community first have
an interest in making the state organization run well. They are the
ones who then determine the stage of the country's subsequent
development. The importance of people's elements in a country is
not only needed in staatsleer but also needs to give birth to what
is called social science (sociology), a new science that
specifically investigates, studies social life. Sociology is a helper
for state law.
b) Territory
There cannot be a country without a region. Besides the
importance of regional elements with clear boundaries, it is also
important that the special conditions of the region concerned,
meaning whether a region is fit into a particular country or vice
versa is divided into regions of various countries. When issuing
legislation in principle only applies to people who are in their
own territory. People will immediately realize that they are in a
certain country if they go beyond the boundaries of their territory
after dealing with officials (state immigration) to fulfill various
specified obligations. Paul Renan (France) states that the only
measure for a society to become a country is the desire to be
united (le desir de'etre ansemble). Otto Bauer, on the other hand,
stated that the size was more placed on the special conditions of
the territory of a country.
c) Government
A special feature of government in a country is that the
government has power over all members of society that are
residents of a country and within the territory of the country.
There are four kinds of theories regarding sovereignty, namely
the theory of god sovereignty, state sovereignty, legal
sovereignty, and popular sovereignty.
d) Recognition From Other State

III. Function of State

a) Mantaining order to achieve common goals and prevent various
clashes in the state community acting as stabilizers.
b) Striving for the welfare and prosperity of the people, this function
is very important especially for developing countries.
c) Seek defense to counteract possible attacks from the outside, for
that the state must be equipped with powerful and sophisticated
defense tools.

IV. Goals of State

a) In order to advance general prosperity
b) To develope the nation’s intellectual life
c) To contribute to the implementation of a world order based on
d) Lasting peace and social justice, Indonesia’s national

V. Characteristic of State
a) Forcing
The state has a coercive nature which means the state has
the power legally to force physical violence. It is intended that
the community obeys the law, prevents chaos (anarchy) in
society, and so that society is orderly. The coercion tools include
the police and the army. For example, there are regulations that
require each country to pay taxes. People who violate this
provision can be subject to sanctions in the form of fines,
confiscation of property, or even imprisonment.
b) Monopoly
The state has the right to do a monopoly to do something in
accordance with the objectives to be achieved by the community
together. For example, collecting taxes, punishing citizens who
violate regulations, and so on.
c) Includes all
Covering all means that each legislation in force in a
country is intended for all citizens without exception.
VI. State Institution
a) Executive : presiden
b) Legislative : MPR, DPR, DPD
c) Yudiciary : MA , KY
d) Auditative : BPK

B. Understanding Constitution
I. Definition of Constitution
Constitution comes from english language “constitution” and
from Dutch “constitutie” in Latin (contitutio,constituere), in French,
namely “constiture” , in German “vertasung,constitution” in the republic
of indonesia interpreted as the constitution.
Constitution is the whole system of rules that stipulates and
regulates the governance of the state of life through a system of state
governance and reciprocal relations between the government of the
country and the people who are under their rule.

II. Characteristic of Constitution

The constitution has two properties: flexible (rigid) or rigid (rigid),
and written or unwritten. Flexibility or rigidity of a constitution can be
seen from its ability to follow or adjust the times.
The 1945 Constitution can have two characteristics: flexible and
rigid. It is said to be stiff because to change it is quite difficult, because
Article 37 paragraph 1 of the 1945 Constitution requires that new
changes can occur if it is agreed that at least 2/3 of the MPR members
present. Whereas it was said to be flexible because it was proven that the
MPR had made amendments four times. The 1945 Constitution only
contains basic matters where regulations or more detailed matters are
regulated by legislation of a lower degree
Another characteristic is a written and unwritten constitution. It is
said to be a written constitution if written in a text. Whereas stated
unwritten namely if the constitution is not written in a text but in a
convention or ordinary law. Those who apply the unwritten constitution
are the United Kingdom.
III. Function of Constitution
a) limit the power of the government so that it does not act
arbitrarily so that the rights of citizens are protected and
channeled (constitutionalism).
b) as a birth certificate of a country (a birth certificate of new state).
c) as the highest source of law.
d) as a tool that limits power.
e) as national identity and symbol.
f) as a protector of human rights and freedom of citizens of a
g) as a means of engineering and community reform (social
engineering or social reform).
h) as a means of community control (social control).
i) symbolic function as a unifier (symbol of unity).
j) symbolic function as a center of ceremonies (center of ceremony)
k) symbolic function as a reference to identity and identity of nation.

IV. Indonesian Constitution

a. The constitution that once took effect in the NKRI was the 1945
Constitution stipulated by PPKI dated 18 August 1945, re-
enacted through Presidential Decree 5 July 1959, confirmed by
acclamation on 22 July 1959 by the DPR and which had
undergone 4 times amendments according to the 1999 MPR
ruling , 2000,2001 and 2002
b. Other constitutions that have been in effect were KRIS (1949-
1950) and UUDS (1950-1959)
c. The constitution in force in Indonesia is a written basic law

A. Conclusion
Based on the description in the discussion, a number of things can be
summarized as follows:
a) The State is an organization between a group or several groups of people
who jointly inhabit a certain territory by recognizing the existence of a
government that takes care of the order and safety of a group or several
groups of people in its territory.
b) The constitution is defined as the rules governing a country, both written
and unwritten. The Constitution contains the fundamental rules that
support the establishment of a country.

B. Suggestion
To our readers, we suggest that you read more books relating to the State or
the Constitution to better understand these two things. So that the public knows
about the State and the Constitution in our country. It is also hoped that this
information can be widely spread to the public so that the spirit of nationalism is
formed as a milestone in the progress of the State.

 Hady, Nuruddin. 2010. Constitutional Theory and Democratic State. Malang:
Equivalent Press.