The object of theory of state is in abstract, general and universal, which mean is that the object is in the condition of free from place, circumstances and time as well as not yet has a certain adjective, or in another word mean that it is not directly talking about certain state that is concrete and which has had a particular adjective.
State can be seen from sociological side (the people) as well as it can be look from law (citizenship). Element of state (state as a subject of International law) are mention in The Montevideo Conference 1933, which consists of:
a.) A defined territory {land, sea: 3 miles, 12 miles, 200 miles (ZEE) and space}.
b.) Permanent population: nationalism, factors of integration (to integrate people) and status (right and duty of the people).
c.) Government: legislative, executive and judicative.
d.) A capacity to enter relationship with other states: sovereignty (internal and external) and de facto and de jure.
The substances of state are consists of: abstract, social organization, division of population, distribution of power/authority and developed over time. State also have behavior such as: forcing, monopoly and all encompassing/all embracing.
The purpose and function of state
The purpose is consider as ideal - abstract, meanwhile the function of state is consider concrete-real.
The purpose of state are consists of:
a.) gathering power/authority.
b.) equality/prosperity for the people.
The importance of the purpose of state are: to determine the form of state, to determine the state body, to know the justification of authority and to know the characteristic of state.
The functions of state is seen through:
a.) According to their relationship to economic system: anarchism, indivualism, socialism, communism, syndicalism, guild socialism, fascist and empitical collectivism.
b.) According to their relationship to politico administrative system:
i.) legislative, executive and judicative.
ii.) regeling (regulation), bestuur (government), recht spraak (court) and politie (police).
iii.) policy making and policy executing.
Emergence of state
Function: the way of people to govern a state to attain happiness and prosperity by using the state as a tool.
Multi perceptions of state:
1. A. Primary Factor
- Genootshap phase (people gather bases on similarity -> Primus Interpares -> most important element of state is nation).
- Rijk phase (need of land ownership -> feudalism -> most important factor of state is territory).
- Staat phase: 3 elements of state - territory, people and government.
- Democratische Natie (the next phase of staat phase and Dictatur Natie).
B. Secondary Factor
- Recognition (de facto and de jure).
- Recognition (de facto) to the government (van haller).
2. A. Speculative theory: contract theory (F. Isyawara), theocratic theory, powers theory, patriarchal and matriarchal theory, organic theory, expired theory, natural theory and idealistic theory.
B. Historical theory.
Development of state can be seen into:
a. city state -> country state.
b. the cycle of plato: democracy -> anarchy -> monarchy -> tyrant -> aristocracy -> timocracy -> oligarchy -> democracy and so on.
c. the cycle of polybius: monarchy -> tyrant -> aristocracy -> oligarchy -> democracy -> okhlicracy -> monarchy and so on.
Fall of state:
1. function: constructive, destructive.
2. theory: organic, anarchy and marxism.
3. factor: natural and social (war, revolution, treaty and unification.
4. 3 stages of declining state (Ibnu Khaldun): centripetal authority, luxuri life-style and stability.
5. indication of declining state: unavailable job and moral turpitude.
Types, form, composition of state as well as theory of state from Islamic perspective will be continue in the Theory of state (part 2).
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