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STATE CIVILIZED
By : Saeful Bahri
- INTRODUCTION
Humans are social beings, humans can not live without others, people will always need someone else in her life. The existence of the State in human life is important. State
as a container in human life so that people can run their lives with
regularity, without a disputes and human social peace can be maintained. The reason is what makes the State as an institution that is important for human beings are social.
In a society that has diverse interests, the state serves to organize these interests in order to create a social harmony. In
addition the country is characterized by its authority to compel the
law in order to limit its use with the process of social order can be
run well.
A civilized country is the dream of every citizen. Before
building a civilized country we need to know in advance the basic
concepts of state, elements of state, state formation theory, form a
state, religion and state, the concept of the relation between religion
and state in Islam following empirical experience in several Muslim
countries, Europe, America Indonesia and the country as well as how to
prevent the disintegration of the nation.
- BASIC CONCEPTS OF STATE
1). Definition of State
The term state is a translation of a foreign language: state (UK), staat (Netherlands and Germany) or etat (France). This word comes from the Latin status or statum who have understanding about the circumstances and remain upright. The
term is often associated with the position of living communion between
people which is called by the term civitas status or status republicae. It is this last notion is then associated with the word state.
- In the terminology: the State is defined as the highest organization among a group of people with aspirations to unite, live in an area and have a sovereign government.
- According to Roger. H. Soultou:
State is a blend of tools (agency) and authority (autorithy) that regulate and control issues together.
- According to Harold J. Laski:
Countries as a group of people who live together to achieve a common goal
- According to Max Weber:
The state is a society that has a monopoly on the legitimate use of physical force within a region
- According to Robert M. Mac Iver:
State
is an association that organizes the order of a society in a region
through a legal system organized by a government to enter is given the
authority to compel.
According to most scholars of modern political Islam, do not find that formula (qothi) about the concept of the State.
2). Destination Country
- Extending the power
- Conducting legal order
- Achieving common prosperity
In
the context of Indonesia, the state's purpose in accordance with the
opening of the 1945 Constitution is to promote the general welfare, the
intellectual life of the nation and participate in the establishment of
world order based on freedom, abiding peace and social justice.
In
Islam, by Ibn Arabi states the purpose is so that people can run their
lives well, away from disputes and maintain the intervention of foreign
parties. Meanwhile,
according to Ibn Kaldum goal is to seek the benefit of the state
religion and the world that lead to the interests of the hereafter.
3). Elements of the State
Constituent elements of a country are:
- People
Namely a set of human beings who are united by a sense of equality and jointly inhabit a given territory.
- Region
That element of the state that must be met because there could be no state without territorial boundaries are clear. In the concept of the modern state of their respective boundaries are set out in treaties and international legislation.
- Government
Namely
the completeness of the state organization charged with leading the
country to achieve a common goal the establishment of a state.
Governments are generally divided into two forms of parliamentary and presidential. Countries with presidential systems are formed as a republic with a president as head of state and head of government. Countries with parliamentary systems have a president as head of state and prime minister as head of government.
- Recognition of Other Countries
Based
on the declarative theory, if a political community has had three main
elements of the state, then by itself has become a state, which
therefore should be treated as a sovereign state. Constitutive
theory holds that no matter how the main elements of the state has been
owned by a political society, but it is not automatically accepted as a
state in the midst of the international community.
There are two kinds of recognition of a country, namely the recognition of de facto and de jure. Recognition
of de facto recognition of the fact that there are countries while de
jure recognition is the recognition of the validity of a country on the
basis of judicial consideration according to law.
- THEORY OF THE STATE formation
- Social Contract Theory (Social Contrac)
This
theory is also called the theory of the agreement, the public assumes
that the state established by the treaties in the tradition of western
society. Adherents of this theory are:
- Thomas Hobbes (1588-1679)
According to Hobbes there is a variety called pactum subjectionis
agreement or an agreement to surrender all the rights of nature at the
same time giving full power to not be matched by any power (Non est
potestas Super Terram quae Comparatur ei)
- John Locke
According
to Locke's head of state or state officials should be limited through
the social contract, there are natural rights which are rights-rights
that citizens can not be removed even by each individual. Relying on this view Locke adds pactum subjectionis contract as it has been formulated by Hobbes at the top with what is termed pactum unionists or an agreement to join the citizens of a community to gain comfort, safety, peace in life together.
- Jean Jacques Rousseau
According to Rousseau, he knows only one kind of agreement that is pactum unionists which is a form of real community agreement. Rousseau did not recognize pactun subjectionis in the formation of a state or government are adhered to. Rousseau
is known as the foundation stone of gentleness form of state
sovereignty in the hands of the people through representatives of their
political organization and is known as the originator of the springs
understand democracy in which popular sovereignty of the people
sovereign and ruler of the country is only a representative of the
people implementing the mandate together.
- Theory of Belief (Theocracy)
This
doctrine holds that the rights are owned by the king to rule comes from
God, they have the mandate of God to the throne as a ruler (Devine Right of Kings). They claim to be representative of God in the world that power accountable only to God not to man. This theocratic view evolved into dominant understand that there is no separation between religion and state in Islam. As
occurred in the Western world who embrace the Christian religion as
well as experience the power of theocracy in the west, the ruler of the
Islamic theocracy face of opposition from groups of anti-royal. According to modern and contemporary Muslim thought in the Islamic powers must be accountable both to God and people.
- Theory of Power
Simply put this theory can be interpreted that the state is formed due to the dominance of strong nations through colonialism. According to this theory, the strength of the justification of the formation of a state. Through
the process of conquest and occupation by an ethnic group or for
specific groups began the process of establishing a state in other words
the formation of a country as fights kukuatan where the winner has the
power to form a state.
- STATE FORMS
- Unitary State (Unitarianism)
- Centralized System
Namely
the system of government that directly led by the central government
and local governments implement central government policies
- Decentralized System
The
head region are given the opportunity and authority to administer its
own affairs or known diwilayahnya government with regional autonomy (suatantara)
- Union (Federation)
Form of the state is classified into 3 groups according to the implementers and the selection mechanism:
- Monarchy
Governance model that is headed by the king or queen. Monarchy
is also divided into two, namely the absolute monarchy as a government
run by Saudi Arabia are the two that is a constitutional monarchy that
is run by Japanese and English.
- Oligarchy
Government that is run by some people in power of a particular class or group.
- Democracy
That
form of government rests on popular sovereignty or basing their
authority on the choice and the will of the people through electoral
mechanisms that take place in an honest, safe, free and fair
- COUNTRY CONNECTING WITH CITIZENS
Indonaesia
State in accordance with the constitution as an obligation to ensure
and protect all Indonesian citizens without exception. Countries
are also obliged to ensure and protect the rights of citizens in
accordance with religious beliefs, right to education, freedom of
association and expression.
- Relationships Religion and Citizens: The Case of Islam
In the case of the Islamic world, is still an intense debate among Muslim scholars. According
to Azyumardi Azra, the tension of debate about the relationship between
religion and state in Islam fueled by a very awkward relationship
between Islam as a religion and state. The
debate over Islam and the state depart from the dominant view of Islam
as a comprehensive system of life regulate human life, including
political issues.
According
to Ibn Thaimiyah, if any, that government is simply a tool to convey
the religion and power is not the religion itself. In other words, politics or the state in Islam is to religion as a tool rather than the existence of the religion of Islam
The relationship between Islam and the modern state theoretically:
- Paradigm Integralistic
Adopts
this paradigm and the concept of religion and state is a unity that can
not be separated, the concept of religion-state which means that the
life of a state governed by law and the principle of religious
- Symbiotic Paradigm
According
to this paradigm, the relationship between religion and state are in a
position menbutuhkan mutual and reciprocal or symbiotic mutualitik. In
this case, religion needs the state as an instrument in preserving and
developing the state religion and vice versa also need religion because
it helps the state in moral development, ethics and spirituality of its
citizens.
- Paradigm Sekuralistik
According
to this paradigm, religion and state are two different forms with each
other and each has a claim, so that its existence should and should not
be separated from each other to intervene. The state is a public affairs and religion is a private sphere of individual citizens.
- Relationships Religion and State in Indonesia
Religion
and State Relations in Indonesia more adheres to the principle of
dynamic balance, a middle ground between secularism and theocracy. Dynamic balance is no separation of religion and politics, but each can co-exist with any role. Religions
have the power remains critical of states and countries have the
obligations of religion, in other words, the pattern of relationship
between religion and state in Indonesia adopt-symbiotic mutualism
- SYMPTOMS disintegration
State
has the potential for support of the democratic process that manifests
as a guide for today's global and can also be a threat to the democratic
process if it appears as a repressive force and dominate many aspects
of life of the nation, to sustain the process of democratization, the
state as an important component in it should provide facilities
democracy such as freedom of press, freedom of association, freedom of
speech and of expression as well as increased public facilities and
public areas are free to facilitate the diverse opinions of citizens. Demokarasi who aspired to the founders of the Indonesian nation is not only unlimited freedom, but freedom is responsible. Religion as believed by many adherents to the moral teaching of individual and social responsibility.
- CONCLUSION
Humans as social beings requires the presence of a state. State
is the highest organization in a group of people with aspirations to
unite and live in an area having a sovereign government. In the conception of Islam, Islam teaches many values and ethics should state how it was built and raised. In
Indonesia, a country which is constitutionally not an Islamic state or a
state religion because it has a significant and important role in
shaping the character of Indonesia as a nation state. Relationship
between religion and state in Indonesia adheres to the relationship and
symbiotic mutualism, citizens have an important authority and
bargaining power against the state for always and continues to control
the process of administering the state to remain in accordance with the
constitution and laws applicable. In
other words, the important role attached to its citizens is to always
be in control of every process of the country in order to remain
consistent in the establishment of the state primary goal of promoting
the welfare of its people.
- REFERENCES
Rozak, abdul, democracy, human rights, and civil society (Jakarta: ICCE) UIN
Sharif Hidayatullah in collaboration with The Asia Foundation, Second Revised Edition. 2006
Ubaidillah, A, et al. Citizenship education. Jakarta: IAIN Jakarta Press. 2000
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