Elements of the State
According to Oppenheimer and Lautarpacht, there are also
conditions for the formation of a state: united people, regions or regions,
sovereign governments and recognition of other countries. According to the
Montevideo 9Uruguay Convention) in 1933, elements of the formation of a country
were:
1. There must be residents (people, citizens /
nationals)
2. There must be
an area or environment of power
3. There must be supreme power / sovereign government.
4. Interference
with other countries.
[1] There are several basic elements in a country,
namely:
a) People It is a group of people who are united by a
sense of equality and together inhabit a certain area.
b) Region There cannot be a country without clear
territorial boundaries. Therefore the region is an element of the state that
must be fulfilled. Areas include land, waters (oceans, seas and rivers) and
air. The boundaries of the country's territory are regulated in international
treaties and legislation.
c) Government
The government is the state apparatus responsible for
leading the state organization to achieve a common goal of the establishment of
a country.
d) Recognition of other countries There are two kinds of
recognition for a country, namely: de
facto recognitionü is an acknowledgment
of the fact that there is a state. This recognition is based on the fact that a
political community has fulfilled 3 elements of the state De jure recognitionü
Is an acknowledgment of the legitimacy of a country on the basis of juridical
considerations according to the law.
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