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.
