But do not worry i’m going to keep updated this blog, but the blog will be about law that i learned from working in Law firm (btw now i’m working as junior associate in one of law firms in Indonesia)

And i realize i do not know nothing as what i have learned in university can be compared when u learn it in law firm.

Thus, i’m still a student after all …

The scope of real estate are:

Legal basis ->Art 33 of 1945 Constitution

The land, the water and natural resources within Indonesia shall be under the control of the state and shall be used to the greatest benefit of the people

Law no.5 /1960 Concerning agrarian affairs

Art 2 of Agrarian law

The earth, water and airspace, including natural resources contained therein, are at the highest hierarchical level controlled by the state in its capacity as the whole people’s organization powers.

The state right of control, confers the authority:

1. to regulate and administer the allocation, use, supply and maintenance of the earth, water and airspace.
2. To determine and regulate legal relationship between people and the earth, power, and airspace
3. To determine and regulates legal relationship among people as well as legal acts concerning, earth, water, airspace

This power shall be used to achieve the utmost prosperity, in terms of democray, welfare and freedom for the society and legal state of Indonesia which is independent, sovereign, just and prosperous.

Law no. 26/2007 concerning spatial planning

Law no. 23/2007 Concerning environment management

Law no.28/2002 concerning building

Law no. 16/1985 Concerning condominium

Indonesian Civil Code

Definition:

Real Estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings, specifically property that is fixed in location

- A piece of land, including the air above it and the ground below it, and any buildings or structures on it.

Real estate law is the body of regulations and legal codes which pertain to such matters under a particular jurisdiction and include things such as commercial and residential real property transactions. Real estate is often considered synonymous with real property (sometimes called realty), in contrast with personal property (sometimes called chattel or personalty under chattel law or personal property law).

Property is any physical or intangible entity that is owned by a person or jointly by a group of persons. Depending on the nature of the property, an owner of property has the right to consume, sell, rent, mortgage, transfer, exchange or destroy his or her property, and/or to exclude others from doing these things

Property right is the legal right of ownership

Art 28H(4) of 45 const, every person shall have the right to own personal property, and such property may not be unjustly held possession of by any party.

Art 28H(1) of 45 cons, every person shall have the right to live in physical and spiritual prosperity, to have a home and to enjoy a good and healthy environment, and shall have the right to obtain medical care.

45 constitution ensure personal property since 2000 (2^nd amendment ) ]

Property right

Private ownership of property forms the foundation of our economy system, as such a comprehensive body of law has been develop to protect property rights, the law protects the owner of the right to use, sell, dispose of, control, and prevent others from trespassing on their rights.

“estate” used to denote the whole of man’s proprietary rights (relating to an owner of ownership)

There are 2 kinds of property:

1. Real property, includes land and property that is permanently attached to it. Ex: mineral, crops, buildings that are attached to land are generally considered as real property,
2. Personal property (sometimes referred to as goods or chattels) consist of everything which is not  real property.

Real property can become personal property if it is removed from the land, ex a tree is cut down, become personal property.

Personal property which is permanently affixed to land or building is called FIXTURE

Ex: furniture, picture others, may be removed by seller prior to sale.

-       can be tangible(included physically defines property, such as goods, animals) or intangible  (represent right that cannot be reduced to physical form, ex stock certificate, bonds, copy right)

Personal propery can be acquired or transferred with a minimum of formality, commerce will be severely curtailed if the transfer of such items are difficult.

The methods are:

1. By Possession

A person can acquire ownership in unowned personal property by taking possession or capturing it.

1. By purchase or production

This is the most common method of acquiring title of personal property by purchasing the property from its owner. Production is also common method, a manufacture who purchase raw materials and produced a finished product owns that product.

1. By Gift

A gift is a voluntarily transfer the property without consideration, (the lack of consideration that distinguish a gif from purchase.

A person who gives the gift is DONOR

A person who receives it is DONEE

There are 3 elements of a valid gift

-       Donative intent, for an effective gift, the donor must have intention to give a gift, this can inferred from the circumstances or language by the donor.

-       Delivery, this must occur to be a valid gift. Physical delivery could be impracticable, therefore constructive/symbolic delivery is sufficient.

-       Acceptance is not usually a problem cos most Donee readily accept gift, in fact the court presumes acceptance unless there is proof the gift is refused. Nevertheless, a person cannot be forced to accept an unwanted gift.

1. By WILL/INHERINTANCE, if the person who dies has a valid will, the property will be distributed to his heir pursuant to the provision of that will.
2. BY DIVORCE, when a marriage is dissolved by divorce, the parties obtain certain right in the property of marital estate thru reaching settlement of property, if not the court will decide the property right of spouses.

Mislaid property, when its owner voluntarily place the property somewhere and inadvertently forget it.  It is likely the owner will return for property after he realize it. The owner of the premises where the property is mislaid is entitled to take possession of the property against all except the right owner of the said property, this right is superior to the right of the person who finds it. Such events of possession does not involve a change of title

Lost property: when its owner negligently carelessly or inadvertently leave it somewhere.

2. Applicaiton of 7 branches of IPR to National Development?

3. explain Automatic right of copy right ?

4. what and explain fair dealing and fair use?

5. what is the term of

a. Novel

b. Inventive steps

c. Industrially Applicable

1. What characteristic should a good tax have?

Based on Adam Smith’s book “The Wealth of nations” in 1776, that a good tax should have the following characteristic:

1. EQUALITY

It should be fair to different individuals and should reflect a person’s ability to pay

The subjects of every state ought to contribute towards the support of the government, as nearly as possible, in proportion to their respective abilities, that is, in proportion to the revenue, which they respectively enjoy under the protection of the state.

1. CERTAINTY

It should not be arbitrary, it should be certain

The tax which each individual is bound to pay ought to be certain, and not arbitrary. The time of payment, the quantity to be paid, ought all to be clear and plain to the contributor, and to every other person.

1. CONVENIENCE

It should be convenient in terms of timing and payment.

Every tax ought to be levied at the time, or in the manner, in which it is most likely to be convenient for the contributor to pay it.

1. EFFICIENCY

It should be administratively efficient with a relatively small cost of collection as a proportion of the revenue raised. It should not cause economic distortion by affecting the behavior of tax payers.

Every tax ought to be contrived as both to take out and to keep put of the pockets of the people as little as possible over and above what it brings into the public treasury of the state. The costs of determination and collection of taxation should be the lowest possible.

1. How do we pay our stamp duty?
   1. When we use stamp;
   2. Using stamped paper;
   3. Using stamping machine;
   4. Further stamp (at the post office)

1. Is a Contract without stamp duty valid ?

Yes it is indeed valid, since the difference between if a contract has a stamp duty is only in the court a contract with stamp duty is perfect evidence, therefore a contract without stamp duty doesn’t mean the legal act’s not valid, but it doesn’t fulfill the requirement of perfect evidence. Furthermore the validity of contract depends on art 1320 of Indonesian Civil Code, not the stamp duty

1. Can you explain about regional taxes?

Regional tax is tax which is paid by individuals or entity to region without any compensation directly and balance, which can be forced based on valid regulation and in order to pay regional government and development

There are 2 kinds of regional taxes

1. Provincial taxes (Daerah Tingkat I)
2. Regency/city taxes (Daerah Tingkat II)

Local government may add taxes as long as those are not violating the criteria of tax collection:

1. It is a tax in nature and not a user charge;
2. The tax object should be residing in the area of the region, with low mobility, and only serve the community in territory;
3. The base and object of the tax do not conflict with public interest;
4. Local tax object should not overlapping with those owned by central and provincial taxes;
5. The Tax potential is adequate
6. The tax should not distort the economy;
7. Equity and the ability to pay should be the concerns of the tax policy;
8. Environmental sustainability should be maintained.

1. What bases does Indonesia use to determine resident taxpayer?

According to art 2(3) of Income tax, bases of resident taxpayer are:

1. An individual who resides in Indonesia or is present in Indonesia for more than 183 (one hundred and eighty-three) days within any 12 (twelve) month period, or an individual who in particular taxable year is present and intends to reside in Indonesia;
2. An entity established or domiciled in Indonesia, excluding certain units of government agencies fulfilling the following criteria:
   1. The establishment thereof is based on the provisions of legislation;
   2. The financing thereof comes from the state budget of revenue and expenditure or regional budget of revenue and expenditure;
   3. The revenue thereof is remitted to the budget of the central government or regional government; and
   4. The bookkeeping thereof is audited by state functional supervisory appratus.
   5. An undivided inheritance as a unit in lieu of the beneficiaries.

Present in Indonesia for more than 183 days, and individual does not have to be constitutively present. It shall be determined by the total number of days said individual is in Indonesia within a period of 12 months since his/her arrival in Indonesia.

1. What do proper, complete and clear in filling tax return mean?
   1. Proper means proper in calculation, including correct in the application of provisions of taxation legislation in writing and in accordance with the actual condition;
   2. Complete means containing all substances related to tax objects and other substances, which must be reported in a tax return;
   3. Clear means reporting origin and sources of tax objects and other substances, which must be reported in tax return.

1. What should be attached to the annual tax return?

The annual income tax return filled by the taxpayer required to perform bookkeeping shall be accompanied by a financial statement in the form of balance sheet and profit/loss (income) statement as well as other information required to calculate the amount of taxable income.

1. What are the sanctions for not submitting a tax return?

The taxpayer shall be subject to administratives sanction in the form of fine as much as:

1. Rp500,000 (five hundred thousand rupiah) in the case of periodic value-added tax return and
2. Rp100,000(a hundred thousand rupiah) in the case of other periodic tax returns and
3. Rp1,000,000.00 (one million rupiah) in the case of annual income tax return of corporate taxpayer as well as Rp100,000.00 (one hundred thousand rupiah) in the case of annual income tax return of individual taxpayer.

1. What does a tax return, for income taxpayer, function?

For income taxpayers, a tax return function as a means to report and account for the calculation of the actual tax due and to report on:

1. Payment or settlement of tax made by the income taxpayers themselves or payment or settlement of tax through the withholding or collection of tax by other party within 1 (one) tax year or a part of tax year;
2. Income that constitutes an object of tax and/or a non-object of fax;
3. Assets and liabilities;
4. Payments from the tax withholder or collector with regard to the withholding or collection of taxes on other individuals or bodies within 1 (one) tax period stipulated by the existing taxation legislation.

10.  When shall the abolition of taxpayer code number be done ?

a. Application for abolition of taxpayer code number is submitted by taxpayer and/or his/her heirs in the case of the taxpayer not longer fulfilling the subjective and/or objective requirements in accordance with provisions of taxation legislation.

b. Corporate taxpayer is liquidated because of business discontinuation or merger;

c. Permanent-establishment taxpayer discontinues its business activity in Indonesia;

d. The Director General of Taxation deems it necessary to abolish taxpayer code number of taxpayer no longer fulfilling the subjective and/or objective requirements in accordance with provisions of taxation legislation.

11.  What does the financial report consist of according to tax law and limited liability company law ?

-       Tax law

Financial report consists of balance sheet and profit/loss statement during the tax year.

-       Limited liability company law

Financial report consist of:

1. Balance sheet of the previous accounting year;
2. Profit loss report of the accounting year;
3. Cash flow report and report on change in equity;
4. As well as notes to the financial statement.

12.  Shall the financial report be given up to public accountant for auditing?

It depends on the taxpayer, public accountant can audit financial report, but it’s not required. However if financial report is audited by public accounted, then it must be enclosed in tax return

13.  What is the financial statement related to bookkeeping?

Form of balance and Profit/loss statement

14.  What are the elements directly related to the measurement of

1. Financial position in the balance sheet?

ASSETS = LIABILITIES AND EQUITY

1. Performance in the income statement ?

INCOME AND EXPENSES

15.  Can you explain 2(two) kinds of financial statement?

1. Commercial Financial Statement

Financial statement that is made according to accounting principles (PSAK)

1. Fiscal Financial Statement

Financial statement that is made according to tax law Fiscal financial statement is made from commercial financial statement with some adjustments.

16.  What are three tests of permanent establishment?

1. Assets test: Under assets test, a non-resident which has certain asset in a country is deemed to have a permanent establishment in that country.
2. Activity test: Certain activities performed by a non-resident in a country are deemed to create a permanent establishment in that country.
3. Agency test: a non resident having a dependent agent in a country is deemed have a permanent establishment. A dependent agent is deemed to exist if there is a person who carries on certain activities such as:
   1. i.     Concluding contract in the name of the non-resident enterprise;
   2. ii.     Maintaining stock from which delivery is made regularly for or on behalf of the non-resident enterprise.

17.  What are the principal differences between resident and non-resident taxpayers?

Principal differences between Resident and Nonresident Taxpayers are in the manner they fulfill their tax obligations, among others are as follows:
a. A Resident Taxpayer is taxed on his income derived from Indonesia and abroad, whereas a Non-resident Taxpayer is taxed only on the income originating from sources in Indonesia.
b. A Resident Taxpayer is taxed based on the net income with a general rate, whereas a Non-resident Taxpayer is taxed based on the gross income with an appropriate rate.

c. A Resident Taxpayer is obliged to submit an Annual Tax Return as a means to assess his tax obligation in a taxable year, whereas a Non-resident Taxpayer is not, because his tax obligation are fulfilled through withholding tax, which is final in nature.

18.  Who are the resident and non-resident taxpayers?

Resident Taxpayer shall be:

- An individual who resides in Indonesia or is present in Indonesia for more than 183 (one hundred and eighty-three) days within any 12 (twelve) month period, or an individual who in particular taxable year is present and intends to reside in Indonesia;

- An entity established or domiciled in Indonesia, excluding certain units of government agencies fulfilling the following criteria:

1. The establishment thereof is based on the provisions of legislation;
2. The financing thereof comes from the state budget of revenue and expenditure or regional budget of revenue and expenditure;
3. The revenue thereof is remitted to the budget of the central government or regional government; and
4. The bookkeeping thereof is audited by state functional supervisory appratus.

- An undivided inheritance as a unit in lieu of the beneficiaries.

Non-resident tax subject shall be:

a. individuals not residing in Indonesia of living in Indonesia for not more than one hundred and eighty three (183) days within a period of twelve months, and body not established and not having seat of domicile, but which runs a business or carries out activities through a permanent establishment in Indonesia;

b. Individuals not residing in Indonesia or is living in Indonesia for not more than one hundred and eighty three(183) days within a period of twelve (12) months, and body not established and not having seat of domicile in, which may receive or earn income from indonesia not from running a business or carrying out activities through a permanet establishment from in indonesia.

19.  What is non-resident taxpayer equivalent with resident taxpayer in the manner of fulfillment of their taxation?

When non-resident taxpayer is doing business or conducting activities through a permanent establishment in Indonesia

20.  What is the taxable income for a permanent resident?

Generally, the permanent resident shall be taxable for the income derived within the country where the permanent resident is located. The Income derived by a permanent resident usually consist of:

1. Income attributable to the permanent establishment (attribution rule)
2. Income of the head office from the activities which are similar with that of the permanent residentc(either sale of goods or furnishing services)(force of attraction rule)
3. And income that is effectively connected with the permanent establishment effectively (effectively connected income rule)

21.  What is the object of V.A.T?

1. A supply of taxable goods carried out in the custom area by a firm;
2. Importation of taxable goods;
3. Rendering of taxable’s services in the customs area by a firm;
4. Utilization of intangible taxable goods obtained from outside the customs area within the custom area;
5. Utilization of taxable services obtained from outside the customs area within the customs area; or
6. The export of taxable goods by a taxable person for VAT purposes.

22.  Who is the taxable person for V.A.T purposes?

1. A firm which supplied taxable’s goods and or renders taxable service according to the VAT law, excluding small firms with a turnover not exceeding a limit determined by the minister of Finance Decree but including small firms which choose to be confirmed as taxable person for VAT purposes.

23.  What are the goods and service not subjected to V.A.T?

Goods:

1. Products of mining an drilling, taken directly from the source;
2. Daily necessities needed by public;
3. Food and beverages served in hotel, restaurant, and such other palces;
4. Money, gold and valuable document.

Service:

1. Healthcare;
2. Social Welfare;
3. Postal delivery;
4. Banking, Insurance and Financial Leasing;
5. Religion;
6. Education;
7. Culture and entertainment which has been imposed by entertainment tax;
8. Broadcasting, excluding advertising;
9. Shipping and inland public transportation;
10. Manpower;
11. Hotels;
12. Rendering of services by the government in efforts to run the governance in general.

24.  Can all input taxes be credited?

Yes, all input taxes can be credited.

25.  What shall sales tax on luxury goods be imposed on?

1. A supply of taxable goods categorized as luxuries by a firm which produces the goods within the customs area in the course of business or work;
2. The importation of taxable goods categorized as luxuries.

26.  What are the positive tax laws in Indonesia ?

1. Taxation General Provision or Central Tax Laws
2. Income Tax
3. Value Added Tax on Goods and Service and sales tax on luxury goods
4. Land and Building title acquisition fee
5. Land and building tax
6. Regional taxes and user charges
7. Tax collection by distress warrant
8. Tax court law
9. Stamp duty law

27.  What are the objects of tax laws in Indonesia?

The tax object shall be any income merely every increment to the economic capability received or earned by the taxpayer, originating both from Indonesia and outside Indonesia, useable for consumption or to increase the relevant taxpayer’s wealth, by whatever name and in whatever form

28.  Can you explain how to collect tax in Indonesia and what form used?

The form of tax collection in Indonesia is Self-assessment which Taxpayer has obligation to count the income and to calculate the tax, to pay the tax payable, to report to tax office.

29.  What do the taxpayer code number serve as?

As a means in taxation administration and used as personal identity of identifier of the taxpayer in exercising his/her taxation rights and obligations.

30.  What is the meaning of transfer if title over taxable goods under the terms of an agreement in article 1A Act No.18 Year 2000?

Agreement which covers sales transaction, barter, purchase by installments or other agreements which results in the transfer of rights over goods.

 There will be more question to come ..

1. Everything is Connected to Everything Else. There is one ecosphere for all living organisms and what affects one, affects all.

2. Everything Must Go Somewhere. There is no “waste” in nature and there is no “away” to which things can be thrown.

3. Nature Knows Best. Humankind has fashioned technology to improve upon nature, but such change in a natural system is, says Commoner, “likely to be detrimental to that system.”

4. There Is No Such Thing as a Free Lunch. In nature, both sides of the equation must balance, for every gain there is a cost, and all debts are eventually paid.

Terminology for legal definition

• Environmental pollution – law and pollution
• Environmental Damages – civil liability
• Environmental deterioration or contamination – law of protection
• Ecological damages – eco-crime
• Environmental impact – Environmental Investigation Agency(EIA) or Analisis Mengenai Dampak Lingkungan (AMDAL-RI)

The environmental issues will be global warming, ozone depletion, the contamination territorial or jurisdictional boundaries,etc that will need cooperatio.

Is politics about a state ?

“Political is whatever concerns the state” D.D Raphael

“The History of political theory has been mainly concerned with the state” N.P Barry

Politics

“The activity of attending to the general arrangements of a set of people whom chance or choice has brought together” Michael Oakeshotts

“The First thing to be said about the modern state is that it does not exist and never has existed. What has existed historically is a great number of the modern state, with very varied constitutions.”Lubasz The development of the modern state

“The isolation of the state imagined by the philosophers have made the state more and more inapplicable to (an) single actual specimen”, Delisle-Burns

‘lack a historical and Legal tradition of the state as an institutions that “acts” in the name of the public authority … as well as a tradition of continuous intellectual preoccupation with the idea of the state’, Dyson 1980

1. The Nature of the State

What is the state ? This is one of the most simple yet elusive questions that can be asked in politics.

G.W.F.Hegel (1770-1831) is often taken as one of the key offenders in this area. He is sometimes portrayed as the arrogant megalomaniac who offers the world culminating philosophy, towards which all previous thought had been aiming.

John Dewey (american philosopher) articulated the sentiments of many of his contempories when he wrote that “The moment we utter the words “the state” a score of intellectual ghosts rise to obsecure our vision’.

Reasons why it is important to think carefully about the state:

1. Statehood not only represents a set of institutions but alson a body of attitudes, practices and codes of behaviour, in short civilit, which we associate correctly with civilization.
2. The state is neither a neutral institutions which we can afford to ignore nor has it arisen out of pure of chance or accident.
3. There is often considerable conceptual puzzlement surrounding the idea of the state, specifically in relation to other concepts such as society, community, nation, government, crown, sovereignty and so on . (Often these concepts are muddled together with the notion of the state )
4. One of the paradoxical aspects if much recent politica theorizing is that it is premised on the state. Reflection on concept such as law, rights and obligation implies the existence of some form of the state; these concepts are meshed into the state

When dealing with state we must be aware that it is the most problematic concept in politics.

The problem of the complexity of the state can be met :

1. By delimiting the field of study and focusing on some of the most well-known accounts
2. By showing a development interrelation and pattern between some of these theories

example: The constitutional theory of the state developed against the background of absolutism. The Class theory developed in the nineteenth century against the backcloth of the constitutional and ethical theories and so forth.

Is Politics about the state ?

“Political Science in the proper sense is the science which is concerned with the state” Bluntschli

“Political is whatever concerns the state” D.D Raphael

“The History of political theory has been mainly concerned with the state” N.P Barry

we might conclude politics exists between nation states.

Politics

“The activity of attending to the general arrangements of a set of people whom chance or choice has brought together” Michael Oakeshotts

Politics can be considered as broader than just the state. In fact the concept of politics maybe and has been defined in a variety of ways which do not coincide with state

A further reason for denying the conflation of politics and the state is that groups associations and communities can have a complex life within themselves which may have nothing whatsoever to do with the state .

Historically politics does have a wider scope than the state. Yet in a contemporary sense it is difficult to see politics existing apart from the state or the aspiration to statehood. Politics now is intrinsic to the state. However this does not limit politics to one particular entity. The State is not clearly one thing.

Politics encapsulates the richness and variety of the state theory. There is no sense in whic politics is delimited if conflated with the state

States, The State and The idea of The State

“The First thing to be said about the modern state is that it does not exist and never has existed. What has existed historically is a great number of the modern state, with very varied constitutions.”Lubasz The development of the modern state

There are three objections to the singular use of ‘the state’ which are :

1. Empirical, relies on common sense and observation. If we look around us we see States with different structures, political institutions, cultures and values. The empirical observation of actual States must lead to the conclusions that no one specific model is characteristic of all states .
2. Historical, focuses on the issue of the continuity of the State in History. It’s very tempting to slip in a developmental evolutionary terminology when we speaking of the state. It is however an unwarranted assumption to suppose automatically a development of the modern state either from the greek polis or the absolutist state of the sixteenth century .
3. Conceptual, relates to the use of the concept of the state. When we speak of the State performing actions we personify it. We attribute to it status equivalent to a unique personality – an agent of subject which acts . Acts in law specifically are attributed to the state as though it were distinct entity . “Systematically misleading expressions”Gilberts Ryle’s

Stateless societies and the state tradition

There are four very basic categories of stateless society.

1. Incorporates the vast range of anthropological literature on ‘primitive’ communities, anthropologist and sociologists often tend to view the State as one way of organizing society, which is found in certain societies
2. Incorporates developed political organizations which pre-date the State. The Greek polis, empires and medieval political organizations are included here .
3. More speculative and Utopian. It includes the stateless visions of certain nineteenth and twentieth century ideology, specifically anarchism, libertarianism and communism . The idealization of the life of the freely subsisting commune, often involving the praise of ‘primitive’ forms of the community, is seen as essentially stateless. The state is seen as the primary cause of human misery .
4. The Final category covers those modern societies which do not have a tradition of statehood .These societies ‘lack a historical and Legal tradition of the state as an institutions that “acts” in the name of the public authority … as well as a tradition of continuous intellectual preoccupation with the idea of the state’ Dyson,1980

There two primary determinants of this lack of the state tradition

1. Institutional structure
2. juristic and ideological traditions .

Antecedents to the state

There has been a strong tendency to identify the Greek polis as the earliest form of the state in Europe.

There are some formal similarities between the Greek polis and the modern state ; for exampl, both have a definite territory, a specific population, the idea of citizenship and a conception of the rule of law. Nevertheless, it is still a mistake to see the Greek city as a simple analogue for the modern state. Both Plato and Aristotle argued for limitations on size in any city-state, because the greek cities were heavily reliant on slavery, specifically for agriculture. Up to half population were slaves and therefore not citizens. For Aristotle and plato the aim of the polis was to develop the good life for citizens. Political science, the science of the polis, was aiming at the development of virtue and happiness. The polis was seen to embrace the entire life of the citizen – religion, culture, politics and personal activity interpenetrated each other .

Dimension of the polis compare with modern state, There was no recognition whatsoever of either ‘society’ or individualism. Nothing existed apart fro the polis. There was no realm of privac, personal rights or freedoms. Individuals only had claims as full citizens and there could be no conception of any distinction between public or private law. Law was integral to religion, morality, and the constitution.

Etymology of word state

The word state derives from the latin stare (to stand) and more specifically from status (a standing or condition ), Usually status applies to something that is established, recognized as fixed or permanent in a particular position, as in the derivative English words static or stable .

Society and the State

societas was a patnership or more precisely a consensual contract, between freemen or citizens who were capable of suing and being sued.

Universitates were groups whose unity and status was conferred on them by law from a higher authority . Both societas and universitates were modes of association. Both more specifically legal concepts.

In sum we have society understood as

1. Characterizing any social unit from the family to international society
2. The Roman law sense, a legalistic way of characterizing certain groups
3. Society used to describe a particular type of civil state
4. Society as an aggregate of contracting individuals independent of the state
5. Society seen as collection of groups as in the pluralistic tradition
6. society taken as synonymous with community

Authority, obligation and Legitimacy

Authority meant the capacity to influence people, implies some degree of official power, the obedience of others and specific functions, within the confines of certain rules. Someone in authority has a right of command . In sense authority is the legitimate use of force .

Legitimacy authority is one  which is recognized as valid or justified by those to whom it applies .

Authority embodies the presumption of legitimacy.

1. Mention Social Contract Theories ?
2. Power Diagram Analogy, give elaborations ?
3. What is the most suitable type of democray in Indonesia and Why ?
4. Give Description about types of Human Rights ?

SOCIAL CONTRACT THEORIES

A theory confirmed that a state was built upon an agreement of the founders

When the pact/ agreement made, founder hand over some rights and some obligation to the state .

Thomas Hobbes (1558-1679)

History was divided into 2

• before state exist (status naturalist )
• After state exist

Status Naturalist

• Each and everyone of us were born evil
• individual versus individual
• homo homini lupus (group vs group)
• Bellum omnium contra omnes “the war of all against all”
• Status naturalis must be ended
• Pactum subjectionis
• Human must hand over all of his/her rights to a stronger, smarter, tougher other
• To maintain this “peacful” condition, the leader must form an organization which will be holding this power
• In the end this powerful organization becomes an absolue state .

John Locke (1632-1704)

Status Naturalis

• each and everyone of us was born decent, virtuous , noble
• Because of that, the social situation was peaceful and reciprocal(timbal balik)
• But the increasing population threatens that peaceful condition
• Pactum subjectionis, human hand over their right to society, except liberty, life and estate
• Pactum Unionis : in order to maintain that situation, the society then formed an organization called a state .
• A state is a night watch-keeper

J.J. Rousseau

• Human are born decent and free but they were strangled everywhere
• Pactum Unionis : human made the state and because of that a state must be controlled and obey all humanistic needs, so absolute power was human’s

———————————–

Power

Capacity to influence others

Capability = Potential

Dependebility-Perception-Relation

1. Legitimate Power
2. Reward Power
3. Coercive Power
4. Referent Power
5. Expert Power
6. Resources Power

Legitimacy

• Religious legitimacy
• Elite legitimacy
• Democratic Legitimacy

Power Relation Diagram

Sovereignty

• absolute power base on territorial borders
• Absolute authority

DEMOCRACY

Democracy in Indonesia

1. Parliamentary Democracy 1945-1959
2. Terpimpin Democracy 1959-1965
3. Pancasila Democracy 1965-1998
4. Reformation Democracy 1998-Now

HUMAN RIGHTS

definition

Rights that attacked to human being naturally and fundamentally which has to be respected and preserved by all mankind, societies, status and countries

The substance of human rights

Human Rights is a concept which attempt to preserving human kind so they will become civilized mankind by preserving and mantaining the balance between

• one’s interest and other’s
• one’s interest and public’s
• one’s interest and authorities institution’s

Human Rights Principle

• Human rights are part of human beings
• Human rights are valid for everyone
• Human rights are not to be violated

The History of Human Rights

• Magna Charta
• American Declaration of Independence
• French Revolution’s Declaration
• Four Freedom (F.D Rooselvelt)

1st Generation

The effect of second world war, totalitarianism and the rise and declarations of nation-states

Focusing in law and political equality between imperialist-colonialist countries (northern countries) and the new emerging countries (southern countries)

2nd Generation

Communism vs Imperialism

Marshall Plan which generating cold war between Nato and Warsaw pact

Focusing in economical equality issues and criticizing the tendencies  of civil rights violation by governments which emphasized development

3rd Generation

Economical development which violating the social and cultural rights in developing countries

focusing in social and cultural diversity and balancing between economical infrastructure emphasize development and social and cultural rights

4th Generation

The emerging of “civil society” concept

A concept which thought that the state’s power is too enourmous too far reaching and interfere too much in the citizen’s societal life

society (individual too) can and shall be able to conduct and manage themselves property, especially in society and cultural affairs

 HUMAN RIGHTS FORMS

• Personal Rights
• Legal RIghts
• Civil and Political Rights
• Subsistencial Rights
• Economical, science and cultural rights