Elements of the formation a state

Element of The Formation of a State

 

As an organization, the state has the elements that are not owned by any organization that is in the community. In general, there are constitutive nations and declarative. Constitutive element means that the element of absolute or should exist in a country. Whereas declarative elements only account for the state.

The elements that are constitutive nations is the need of the people, a particular region, and sovereign goverment. The third element is constitutive because it is a necessary condition for the formation of the state. If one element is missing or incomplate, it can not be called a state.

In addition, there are also element of declarative, there must be recognition of other countries. Declarative element is very important because the recognition of other countries as a form of trust is another country to hold a relationship, both bilateral and multilateral relation.

1. People

The people are all people who become residents of a country. Without the people, it is impossible state will be formed. Leacock said that, "The state will not stand in the absence of a group of people who in habit this earth".

Folk consist of residents and non-residents. Ppopulation is all the people who aim to settle in the territory of a particular country. Those who are in the territory of a country but does not aim to settle, can not be called resident. For example, people who visit for the tourist.

2. Region

Region is the second element, due to the presence of areas in habited by humans, then the state will be formed. Population of a country can be divided into citizens and non-citizens. Citizens are those who legally became citizens of a country, while excluding foreign nationals are also called color foreign countries (WNA)

Territory of a country including the following:

a. Land area, which covers the whole of mainland with certain boundaries with other nations.

b. Ocean territory, which includes all waters of marines areas with the limits prescribed under international law.

3. Sovereign Government

Sovereign government is the goverment that has the power eithe to the inside or outside to run errands and authorities set of economic, social, and political a country or part there of in accordance with a predetermined system.

Government is needed in the establishment of a state, if the state may not appear without later followed by the establishment of the government.

4. Recognition of Other Countries

Recognition of other countries to new country is not a factor standing absolute or elements forming the new state, but rather is explained or expressed has been the birth of a new nation. Recognition of a country can be divided into two groups, namely the recognition of the de facto and the de jure recognition.

a. Recognition of de Facto

De facto recognition is the recognition of tne reality of a country that can make contact with other countries taht recognize it. Granted de facto recognition that a new state has met the constitutive elements.

b. Recognition of de Jure 

De Jure recognition was officially recognized by the law of another state with all its consequences.