Mata Kuliah PKn (Hak & Kewajiban Warga Negara)

Brief Summary

This lecture discusses the rights and obligations of citizens, focusing on the definitions of citizens, residents, and the state. It covers theories of state formation, citizenship laws, principles for determining citizenship, and the types of rights and obligations of citizens as regulated in the 1945 Constitution. The lecture aims to clarify the distinctions between citizens and residents, the elements of a state, and the reciprocal relationship between citizens and their country.

  • Definition of rights and obligations according to Professor Doctor Notonegoro.
  • Differences between citizens and residents.
  • Elements of a state: territory, population, and government.
  • Theories of state formation: natural law, divine theory, and agreement theory.
  • Principles for determining citizenship: based on birth, marriage, and citizenship.
  • Rights and obligations of citizens as regulated in the 1945 Constitution.

Introduction: Competencies and Sub-Topics

The lecture will cover the rights and obligations of citizens, with the goal of enabling students to analyze and identify these rights and obligations within the context of national and state life. The sub-topics include understanding citizens, residents, and people; theories about the state; citizenship laws; principles for determining citizenship; and types of rights and obligations of citizens.

Definitions of Rights, Obligations, Citizens, and Residents

Rights are defined as the power to receive or do something that should be received or done by a certain party, which can be demanded by force. Obligations are the burden to give or let something that should be left or given through a certain party, also demandable by force. Indonesian citizens are legally members of the Indonesian state, implying a legal process to become one. The distinction between citizens and residents is clarified: citizens are legal members of a country, while residents are people who live in a certain area with diverse interests, regardless of their citizenship status.

Understanding the State: Definitions and Elements

The state is defined as an organization of people inhabiting a certain area, recognizing a government that manages order and safety, or as an association implementing a government through laws binding society with the power to force. Key elements of a state include territory, population or citizens, and a government system, categorized as de facto or mandatory elements. Complementary elements include recognition from other countries, indicating that a country has been acknowledged by other countries.

Theories of State Formation

Several theories explain the formation of a country. The theory of natural law, from Plato and Aristotle, suggests human growth is balanced with the development of a country. The divine theory posits that everything is a creation of God. The agreement theory, proposed by Thomas Hobbes, suggests humans unite to overcome natural challenges. State formation processes include conquest, fusion, secession, and occupation of ungoverned territories.

Requirements and Characteristics of a State

A country must fulfill certain requirements, including people, territory, and government, which are constitutive elements. Declarative elements include the existence of the country's goals, constitution, recognition from other countries (de facto or de jure), and entry into the association of nations like the UN. Characteristics of the state, according to Professor Miriam Budiardjo, are that it is monopolistic, coercive, and all-encompassing. The form of the state can be unitary or federal.

Citizenship Law and Principles

Citizenship law regulates a person's relationship with the country. Aristotle's theory of justice classifies the relationship between citizens and the state as distributive, legal, and commutative. Principles for determining citizenship include those based on birth (Ius Soli and Ius Sanguinis), marriage (legal unity and equality), and citizenship (active and passive systems). The procedure for citizenship according to Law No. 62 of 1958 includes processes based on birth, adoption, application, citizenship, marriage, and participation of parents.

Rights and Obligations of Citizens in the 1945 Constitution

The rights and obligations of Indonesian citizens are regulated in the 1945 Constitution. Key articles include: Article 27(1) confirming equality in law and government; Article 27(2) regulating the right to work and a decent living; Article 27(3) imposing the right and obligation to defend the country; Article 28 addressing the right to freedom of association and assembly; Article 28c addressing the obligation to respect human rights; Article 29(1) addressing the right to freedom of religion; Articles 33 and 34 addressing the right to social welfare; and Article 31(1) and (2) addressing the right to education and the obligation to follow basic education, financed by the government.

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Transcript

Full transcript of “Mata Kuliah PKn (Hak & Kewajiban Warga Negara)”. Click a timestamp to open the video at that moment. Need another video? Use the YouTube transcript generator.

0:00 Hi assalamualaikum warahmatullahi wabarakatuh brothers Back again with me Suhartono in the civic education lecture in this meeting we will discuss the rights and obligations of citizens Hi Before I enter the lecture on the rights and obligations of citizens, I will continue to convey the competencies that we will get in the civic education course in the material on the rights and obligations of citizens Hi after the learning process students are expected to be able to analyze and identify the rights and obligations of citizens in the context of

0:46 national and state life Hi our sub-topics this time include 5 1 understanding of citizens, residents and people 2 theories about the state 3 citizenship laws that regulate a person's relationship with the state 4 principles for determining citizenship 5 types of rights and obligations of citizens Hi let's enter the first topic of discussion, namely the rights and obligations of citizens are inherent in him rights and obligations before that I will explain What is the definition

1:34 of ha and what are the definitions of obligations quoting from the writings of Professor Doctor Notonegoro rights are the power to receive or do something that should be received or done by a certain party and cannot be done by any other party which in principle can be demanded by force by him so this right is intrinsic cannot be transferred or cannot be represented From one person to another Hi while the definition of obligation is the burden to give or let something that should be

2:20 left or given through a certain party cannot be by any other party which in principle can be demanded by force by the interested party this was also conveyed by Professor Doctor Notonegoro besides the rights and obligations that I have conveyed earlier here I will also explain about the meaning of Indonesian citizens many people have misunderstood the meaning of citizens and residents most of them give the same meaning or the same meaning in fact the meaning between citizens and residents is very different Hi here I will explain about the

3:06 meaning of citizens What is a citizen the simple meaning is that Indonesian citizens are people who are legally members of the Indonesian state there are words legally this means to become an Indonesian citizen there is a legal process that must be gone through I will explain about the meaning of the state there are many markets or experts who define the meaning of the state Here I will give a snippet or give the meanings to you including the first the meaning of the State is an organization From a group or several groups of people who together inhabit an

3:53 area certain by recognizing the existence of a government that manages the order and safety of the group or several groups of people. The second version of the definition of a country according to other experts is an association that implements a government through laws that bind society with the power to force within a certain community area that distinguishes it from the conditions of the outside world for social order. From the two definitions that I have conveyed earlier, we can conclude that a country has several elements,

4:40 including the first, the country must have a territory. Hi, the second element of the country, of course, there must be a population or a group of people or citizens. Third, there must be a government system. So this is the main element of a country, the territory of the population or society or citizens. And these three elements are included in the category of de facto elements or important elements. The most important elements in a country or we can say they are mandatory elements of a country. Besides that, in a country, besides having de facto elements

5:27 or the most important elements, there are also complementary elements. Hi, usually in terms of what we call honest elements, stolen elements are elements of recognition of a country from other countries, that indicate that a country has been recognized by other countries as a country, as I explained at the beginning of the lecture. I'm bored with the understanding between residents and citizens. What is the difference? the difference Let 's define the population is the people who live in a certain area so what is called the population is a group of people or a group of people who live in a certain area with

6:15 diverse interests as an example is the population in the city of Bali or on the island of Bali Let's call it the population Although many people who come to Bali come from different areas we call them residents even though they live in the same place in the same area but they come from different origins while citizens are members of a country meaning people who have fulfilled certain requirements to become members of a country as I explained earlier Indonesian citizens are people who legally have fulfilled the requirements to become Indonesian citizens

7:04 as members of a country A citizen has a special position towards his country He has a reciprocal relationship of rights and obligations towards the country so the relationship between citizens and the country is reciprocal Hi if I may take the biological term is the emergence of a symbiotic relationship of mutualism so the country has benefits from citizens likewise citizens have benefits with we dissolve into the second main topic about theories about this country there are many theories about the

7:49 formation of a country Hi the first is the theory of natural law thought during the time of Plato and Aristotle human growth then we will wash balanced with the development of a country second theory this divine theory quotes from Islam and Christianity how everything is a creation of God that when this agreement theory put forward by Thomas Hobbes humans face natural conditions and violence arises hi humans will be destroyed if he does not change his ways humans also

8:36 unite to overcome the challenges of nature and use unity in a single movement for the needs Hi As for the process of state formation as we all know when hi high school that there are processes of state formation including states formed from the process of conquest Hi this is related to power or a battle system where the strongest state will conquer the weak state this is called

9:22 conquest second fusion or fusion Where there are several countries that merge into one country for certain reasons including reasons related to political economics and security Hi third secession there are also countries in this world that the country broke up so that it became different countries we know East Germany broke up then Yugoslavia broke up that includes the emergence of new countries because of the process of secession

10:08 fourth occupation of a country or region that has not had a government before Here that has ever done by European nations at that time Hi around the world many European nations occupied islands or continents in this world because they considered the area uninhabited or had no government yet we continue a country must fulfill the following requirements that I said earlier that there are several elements of the country first people

10:54 Hi second territory third government among the three elements Let's call it a constitutive element constitutive element What is constitutive element constitutive this means that in the country there is a territory that includes air land and water there are people or society and sovereign government this is what we call a mandatory element for the formation of a country besides that I have also said that in another country there are constitutive elements there are also those

11:42 called declarative elements this nature is shown by the existence of the country's goals Hi constitution Recognition from other countries either de facto or de jure and the country's entry into the association of nations for example the UN so this recognition is very important for a country to be recognized on the world stage in the world there are still quite a lot of countries that have not fulfilled declarative element Hi among these countries are emerging countries or new countries that separate from a

12:28 country Hi we can observe that countries that do not have this declarative element are countries that have not yet entered the membership of the organization junubnya the state also has several characteristics Hi this nature must be brought up by the state in order to organize or run the government system that exists in the country Hi according to Professor Miriam Budiardjo there are three characteristics of the state the first is a monopolistic state Hi the second is a coercive state Hi the third is an all-encompassing state Hi

13:16 As for the form of the state a country can take the form of the first is a unitary state the second is a federal state we enter the third sub-topic namely citizenship law which regulates a person's relationship with our country referring to the theory of justice conveyed by Aristotle how the relationship between citizens and the state is classified into three characteristics the first is the relationship between the state and citizens is distributive the second is the relationship between citizens and the state is legal in stages the third is the relationship between citizens and citizens

14:04 is commutative when this relationship is always related to a topic the fourth is regarding the principles for determining a person's citizenship in the way of a world country every country has certain principles that are used to determine the citizenship status of citizens, what are the principles on those principles Hi the first is the principles based on birth The second is the principles based on marriage The third is the principles based on high school citizenship we discuss the principles based on birth Hi the principles of citizenship based on birth are divided

14:52 into two, namely the solid shark principle Hi based on the place of birth where a person can be recognized as a citizen of a certain country as long as he was born in that country the principle of birth place of birth the second principle is the principle of Ius Sanguinis, namely the principle of descent where a person can be recognized as a citizen of a certain country if his father and mother or their descendants come from that country this is the principle based on birth further the principle based on marriage here there are two principles namely the principle of legal unity when there are

15:40 two countries that have agreed on bilateral relations through legal agreements The second two countries Hi the principle of equality then we continue the principles based on citizenship we have the term active system principle and passive system principle Hi this is also given to citizens whose Hi parents have had a different country marriage then Every citizen before the age of 18 then the principle of tesseract set seaktif

16:28 and the principle of stelsel appears. The procedure for citizenship according to Law No. 62 of 1958 includes Hi based on birth Hi second Hi based on adoption third based on application fourth based on citizenship fifth based on marriage Hi sixth based on the participation of the father or mother seventh Based on the last or fifth discussion statement, namely the various rights and

17:13 obligations of citizens Hi these rights and obligations of Indonesian citizens have been regulated in the 1945 Constitution in the following articles: Article 27 paragraph 1 confirms equality of position in law and government second Article 27 paragraph 2 regulates the right to work and a decent living for humanity third principle or third article the right and obligation to defend the country is imposed on all citizens regulated in Article 27 paragraph 3 Hi fourth article the right to freedom of

17:59 association and assembly Article 28 of the 1945 Constitution Hi fifth the obligation to respect the human rights of others is regulated in Article 28c of the 1945 Constitution, specifically regulating The sixth human right, the right to freedom of religion and association is regulated in Article 29 of the 1945 Constitution, paragraph 1. The next right to social welfare is regulated in Article 33 and 34. The

18:45 eighth article, the right to education is regulated in Article 31 paragraph 1. The ninth article or the 9th order is the obligation of all citizens to follow basic education and the obligation of the government to finance it. This is regulated in Article 31 paragraph 2. Thus, the lecture on the rights and obligations of citizens is to provide a better understanding of the rights and obligations of citizens for you. Please open the module that I have provided and read the relevant references on the rights and obligations of citizens so that you have provisions in facing the

19:31 exam that will remain. Thank you for your attention and Assalamualaikum warahmatullahi wabarakatuh

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