Sabtu, 10 Desember 2011

STATE AND CITIZENSHIP


STATE AND CITIZENSHIP
a Paper

CHAPTER I
INTRODUCTION
1.1. Background Citizenship is part of the concept of citizenship (English: citizenship). In this sense, citizens of a city or county referred to as citizens of the city or county residents, because they are also a political unit. In regional autonomy, citizenship is important, because each political unit will provide the right (usually social) different for its citizens. Citizenship has similarities with the nationality (English: nationality). The difference is that the rights to be active in politics. It is possible to have a nationality without being a citizen (for example, is legally subject to a state and entitled to protection without having rights to participate in politics). It is also possible to have political rights without being a member nation of a country. Under the social contract theory, citizenship status has implications for the rights and obligations. In the philosophy of "active citizenship", a citizen is required to contribute to the improvement of community capacity through economic participation, public service, volunteer work, and other similar activities to improve the livelihoods of its people. From this premise appears Citizenship subjects (English: civics) are given in schools.
            
In this paper will discuss all matters relating to nationality, and country. In referring to this paper so that readers can add information and knowledge.
1.2. Problem formulation 1. Is the nature of that State? 2. Is Nature's Citizenship? 3. What is the relationship between the State and citizenship?
CHAPTER II
DISCUSSION
2.1 Countries 2.1.1 Definition of State In literal terms the State is a translation of foreign words, the state (English), Staat (Dutch and German) and etat (French), the word state, staat, etat was taken from the Latin word status or statum, which means the state is upright and fixed or something that has properties and remain upright. In terminology, the State is defined by the organization's highest among a group of people with aspirations to unite, live in certain areas and have a sovereign government. This understanding contains a value constitutive of a State which necessitates the existence of an element within a State, namely the existence of society (the people), a region (area) and the existence of a sovereign government. According to Roger H. Soltao, the State is defined by means of (agency) or a public authority. According Haroid. J. Laski country marupakan an integrated society because it has coercive powers lawfully and more glorious than individuals or groups who are part of that society. Max Weber defines that the State is a society which has a monopoly on the legitimate use of physical force within a region based on the legal system held by a government that for such purpose shall be vested memaksan.
2.1.2 Objectives of State The purpose of a State may vary, among others: a. Extending the power b. Conducting legal order c. Achieve welfare law. According to Plato tutjuan State is to advance human decency, as an individual (individuals) and as social beings. Meanwhile, according to Roger H. Soltau State goal is to enable people to develop and organize its copyright power as freely as possible (the freest possible development and creative self-expression of its members). In the doctrine and the concept of a theocracy (which is represented by Thomas and Augustine, the State goal is to achieve a living and safe and peaceful life in obedience to and under the command of God. In Islam, as proposed by Ibn Arabi, the purpose of the State is that people can run their lives well, away from disputes and maintain the intervention of foreign parties. In the context of Indonesia State, the State goal is to promote the general welfare, the intellectual life of the nation and carrying out part of a world order based on freedom, lasting peace and social justice. 2.1.3 Elements of the State Globally a State requires three (3) basic elements, namely the people (community / citizen), regions and governments. 1. People's (community / citizen) These people are very important elements in a State, because the concrete is the people who have an interest that the State was able to run well. 2. Island region: 20,356,000 Basically the area within a State usually include ± 8 million land (land area), ± 18.5 million km2 (an area of ​​sea / water) and air (airspace) 3. Government Fittings State Government is leading the organization in charge of the State to achieve the objectives of State by reason. Governments are often the personification of a country.
2.1.4 Some Theories About The establishment of the State 1. Social contract theory (social contract) This theory assumes that the State established under the treaties. Some experts adherents of the social contract theory that explain the theory of the origins of the State, including: a. Thomas Hobbes (1588-1679) According to the terms established by the State is entered into agreements with individuals who had been in a state of nature promised to give up any natural rights owned to a person or an entity. Engineering agreements are made public as follows Hobbes every individual to another individual said that "I give power and surrender the right to rule to this person or to people who are in this council on condition that I give him the right of all actions and give legitimacy in a certain way. b. John Locke (1632-1704) Contractual basis and the State argued Locke as a warning that the ruling power is never absolute but always limited, because the agreement entered into with a person or group of people, individuals do not hand over all their natural rights. c. Jean Jacques Rousseau (1712-1778) Diumapamakannya natural state as a state of nature, to live free and equal individuals, everything is produced solely by depressed individuals and individuals were satisfied. According to the "State" or "body korporatif" was formed to express "general willingness" (general will) and is aimed at besama happiness. In addition the State also consider the interests of the individual (particular interest). Sovereignty is in the hands of the people through general willingness.
2. Theory of Belief State established by God and State leaders appointed by the Lord the King and State leaders are only responsible to God and not to anyone. 3. Teoir strength The first state is the result of the strong dominance of communication to vulnerable groups, the State formed by conquest and occupation. With the conquest and occupation of a stronger ethnic group over the weaker ethnic groups, began the process of state formation. 4. Theory of Organic Countries considered or equated with living creatures, human or animal individuals that are components of the State is considered as the cells of living things. Corporal life of the State can be equated as human bones, the legislation as nerves, the king (emperor) as the head and the individual as the creature's flesh.


5. Historical Theory This theory states that the institution-social lambaga not made, but grow in the evolutionary line with human needs.
2.1.5 Forms of State State in the form of modern concepts and theories currently divided into two forms of the State, namely the unity of the State (unitarisme) and the State union (federation) 1. Unitary state Unitary state is a form of a free and sovereign State. With a government that governs the entire region. This unitary state divided into two kinds, namely: a. Unitary state with a centralized system of state affairs directly regulated by central government b. Unitary state with a decentralized system that is as the regional head of local government.
2. State of the union The original power in the State of the federation is a state duty, because he relates to his people, semetara State in charge of running the federation's foreign relations. National Defence. Financial and postal affairs. Besides the two forms of State. State forms into three groups: a. Monarchy Monarchy is a form of government only State-controlled and governed (the right to govern) by one person. b. Oligarchy These oligarchs are usually ordered from a group of people who come from the feudal. c. Democracy People have full powers to run the government.
2.2 Citizenship 2.2.1 Definition of Citizenship The definition of citizen. Citizens are the people who settled in the region and certain people in conjunction with the State. In the relationship between citizen and state, citizens have obligations towards the State and vice versa citizens also have rights that must be provided and protected by the State. While citizenship is part of the concept of citizenship (English: citizenship). In this sense, citizens of a city or county referred to as citizens of the city or county residents, because they are also a political unit. In regional autonomy, citizenship is important, because each political unit will provide the right (usually social) different for its citizens. Citizenship has similarities with the nationality (English: nationality). The difference is that the rights to be active in politics. It is possible to have a nationality without being a citizen (for example, is legally subject to a state and entitled to protection without having rights to participate in politics). It is also possible to have political rights without being a member nation of a country. Under the social contract theory, citizenship status has implications for the rights and obligations. In the philosophy of "active citizenship", a citizen is required to contribute to the improvement of community capacity through economic participation, public service, volunteer work, and other similar activities to improve the livelihoods of its people. From this premise appears Citizenship subjects (English: civics) are given in schools. In international relations in every area of ​​the State there are always citizens and foreigners who all called the population. Every citizen is a resident of a Contracting State, while not necessarily every resident citizen, as it may be a stranger. While a stranger just to have a relationship while he was residing in the territory of that State. 2.2.2 Background Citizenship Education Citizenship is a person's membership in certain political units (in particular: the state) which brings with it the right to participate in political activities. Someone with a membership that is called citizen. A citizen has the right to have a passport from a country that dianggotainya.
His background is the holding of citizenship is: 1. That the spirit of national struggle which is the spiritual mental power has spawned tremendous force in the physical struggle, while in the face of globalization we need to fill in the independence struggle in accordance with the field of physical nono masing2 profession. This struggle is based on the value2 struggle so that we still have the insight and awareness as a state, attitudes and behaviors that love the country and promoting unity and integrity of the nation in order to remain intact for the sake of defending the country and upholding Homeland. consisting of: 1. Law No. 2 of 1989 (the national education system) 2. Important journey of Indonesian history: • The era before and during colonization • The era of struggle and maintain independence • The era of independence charging
3. The spirit of national struggle 4. Globalization, marked ... • The strong influence of international development community institutions • The rapid development of science and technology In the face of globalization & looking to the future to fill the non-independence we need to struggle physically fit their respective professional fields.
2. Education in Indonesia is expected to prepare students to be citizens who have a strong and consistent commitment to maintain the Unitary State of Republic of Indonesia. Nature of the unitary Republic of Indonesia is a modern nation-state. Modern nation-state is a state that its formation is based on the spirit of nationality or nationalism is on the determination of a community to build a future together under the same country, although the citizens of different religions, race, ethnicity, or group. Minutes of Session Investigation Agency Efforts Preparation of Indonesian Independence (BPUPKI) and the Preparatory Committee for Indonesian Independence (PPKI), Melbourne: Secretariat of the Republic of Indonesia, 1998]. Strong and consistent commitment to the principles and spirit of nationalism in the life of society, nation and the state based on Pancasila and the Constitution of 1945, needs to be improved continuously to provide a thorough understanding of the Unitary Republic of Indonesia. Historically, the Indonesian state has been created as a unitary state with a Republican. Unitary State of Republic of Indonesia is a sovereign country with people based on Belief in God Almighty, just and civilized humanity, the unity of Indonesia and democracy led by wisdom of deliberation / representation, and the realization of social justice for all Indonesian people. [Preamble to the Constitution of the Republic of Indonesia 1945]. In development since the Proclamation of August 17, 1945 until the end of the 20th century, the people of Indonesia has experienced a variety of events that threaten the integrity of the state. It required a deep understanding and strong and consistent commitment to the principles and spirit of nationalism in the life of society, nation and the state based on Pancasila and the Constitution of 1945. The Constitution of the Republic of Indonesia needs to be invested to all components of the Indonesian people, especially the younger generation as the next generation. Indonesia should avoid authoritarian system of government which memasung rights of citizens to run for democratic principles in the life of society, nation and the state. Democratic life in the everyday life in a family environment, society, government, and organizations of non-government needs to be known, understood, internalized, and applied for the realization of the implementation of democratic principles. In addition, the need to defend the country also invested awareness, respect for human rights, pluralistic nation, environmental protection, social responsibility, obedience to the law, obedience to pay taxes, as well as the attitudes and behavior of anti-corruption, collusion, and nepotism. Subjects Citizenship Education is a subject that focuses on the formation of citizens who understand and are able to exercise the rights and obligations to be a citizen of Indonesia who are intelligent, skilled, and character that are mandated by the Pancasila and 1945 Constitution. Rationale for Citizenship Education: 1. That national education is rooted in the culture of the Indonesian nation is directed to increase the intelligence and dignity of the nation, people and people of Indonesia to realize that faith and piety to God Almighty, quality self-contained so it can establish itself and the surrounding communities and can meet the needs of national development & responsible for nation building. 2. Political soul, loving homeland, national spirit, social solidarity, the nation's history pd awareness, and respect for the heroes of services among the students want to be nurtured through civic education. 2.2.3 Objectives of Citizenship Education The main purpose of civic education. Citizenship Education aims subjects so that learners have the following capabilities. 1. Think critically, rationally, and creatively in response to the issue of citizenship 2. Participate actively and responsibly, and act intelligently in the activities of society, the nation and state, as well as anti-corruption 3. Developing positively and democratically to shape itself based on the characters of Indonesian society in order to live together with other nations 4. Interacting with other nations in the world arena is directly or indirectly by utilizing information and communication technology.
2.2.4 Basic Concepts About Citizen Citizens are interpreted by people as part of a population that become elements of the state and contain the meaning of the participants, members or citizens of a country, the participants of a perssekutuan established with joint strength. The term citizen formerly commonly called slaves or subjects of countries in the English language (object) means the person who owns and devoted to their owners. Hikam U.S. citizens define that which is the translation of citizenship is a member of a community that shapes the country itself. Koerniatmanto S, defines citizens with member states. As a member state, a citizen has a special position to negaranya.Ia have the right relationships and mutual obligations of the country. In the Indonesian context, the term citizen (according to the 1945 Constitution, article 26) referred to the original Indonesian nation and other nations that ratified the law as citizens negara.Dalam article 1 of Law no. 22/1958 that citizens of the Republic of Indonesia are the people who under the laws and / or treaties and / or regulations which took effect on August 17, 1945 Proclamation had become Indonesian citizens.
2.2.5 Principle of Citizenship The principle of a person's citizenship is determined under the provisions agreed to in the country. In applying the principle of citizenship are two guidelines, namely: 1. The principle of citizenship by birth found two forms of the principle, ius soli and ius sanguinis. In Latin ius legal means, excuse or guidelines, soli derived from the berartinegeri solum, soil or area and the mean blood sanguinis. Thus, ius soli citizenship is based on the guidelines means a place or region of birth, while the ius sanguinis citizenship guideline is based on blood or descent. 2. The principle of citizenship based on marriage which can be seen from the side of marriage that includes the principle of unity of law and the principle of equality derajat.Asas legal entity based on the paradigm that the husband and wife or family ties is at the core of society necessitates the atmosphere of prosperous, healthy and not split in a union that round , so the need for common understanding and commitment to run together on the same legal basis and necessitates the same nationality. While the principle of equality is determined that a marriage does not cause changes masingpihak their citizenship status. They still have their own citizenship status as well as when they are not tied to a husband and wife. This principle can avoid the occurrence of smuggling law so many countries that use the principle of equality in citizenship regulations.
2.2.6 Elements That Define Citizenship 1. Elements of Blood Descendants (ius Sanguinists) Citizenship from parents who lowered determine a person's citizenship, this principle applies them in England, America, France, Japan, and Indonesia. 2. Place of Birth Region element (ius Soli) The area where a person is born determines citizenship, this principle applies in the United States, Britain, France, and Indonesia, except in Japan. 3. Elements of naturalization (Naturalization) Terms or naturalization procedures tailored to the needs presented by the condition and situation of each country. In this there is an active naturalization there is also an active pasif.Dalam naturalization, a person Dapa exercises its option to choose or propose will be a citizen of a country. While in passive naturalization, a person who does not want to be citizens of a country, then the concerned may use repuidasi rights namely the right to refuse the granting of citizenship.
A person's citizenship status talks in a country known for its apatride there for people who do not have citizenship status, bipatride for people who have dual citizenship status / dwikewarganegaraan, and multipatride to mention the citizenship status of a person who has two or more citizenship status.
2.3 Citizens Rights and Obligations In the context of Indonesia, the right of the citizen against the state have been regulated in the Constitution of 1945 and various other regulations which is a derivation of the general rights outlined in the 1945 Constitution. including the formulation of human rights contained in Article 28 full spin-second Constitution. While the example of the inherent obligation of every citizen including the obligation to pay taxes as the main contract between state and citizens, to defend the homeland (Article 27), defending national defense and security (article 29), respecting the rights of others and abide by the restrictions set forth in regulations (article 28 J), and so on. The main principle in determining the rights and obligations of citizens is the involvement of citizens, directly or saetiap representatives in the formulation and obligations so that citizens are aware and assume the rights and obligations as part of the deal they made themselves.
CHAPTER III
CLOSING
3.1 Conclusion State is defined by the highest organization among a group of people with aspirations to unite, live in certain areas and have a sovereign government. This understanding contains a value constitutive of a State which necessitates the existence of an element within a State, namely the existence of society (the people), a region (area) and the existence of a sovereign government. Citizenship is part of the concept of citizenship (English: citizenship). In this sense, citizens of a city or county referred to as citizens of the city or county residents, because they are also a political unit. In regional autonomy, citizenship is important, because each political unit will provide the right (usually social) different for its citizens. In the context of Indonesia, the right of the citizen against the state have been regulated in the Constitution of 1945 and various other regulations which is a derivation of the general rights outlined in the 1945 Constitution. including the formulation of human rights contained in Article 28 full spin-second Constitution. While the example of the inherent obligation of every citizen including the obligation to pay taxes as the main contract between state and citizens, to defend the homeland (Article 27), defending national defense and security (article 29), respecting the rights of others and abide by the restrictions set forth in regulations (article 28 J), and so on.

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