Basically the state is an entity whose authority is very broad in regulating anything that has social relations with the people and the territory within it.
In fact, based on the Montevideo convention in 1993, it has been stipulated that in forming a state, at least there must be four elements, namely a resident population, a certain territory, a system of government, and the ability to establish relations with other countries both bilaterally and in multilateral cooperation.
But what is certain, in forming a state there are constitutive and declarative elements. Where specifically the declarative element does not have to be fulfilled before the state is formed, but this is also very important to support the continuity of national and state life, which includes recognition from other countries both de facto and de jure.
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State Declarative Elements
The declarative element of the founding of a state is an element that is not required to be fulfilled before a state is established, the reason being that this element is a support for the existence of a state so that the declarative element can be fulfilled after the state has been formed.
Types of State Establishment Declarative Elements
The declarative elements of a state can be divided into two, as follows:
1. De facto
De facto recognition means that other countries have acknowledged that the newly formed state really exists, regardless of whether the formation of the state has been ratified by international law or not. In general, this recognition can occur because the new state is formed because of a revolution, rebellion or other separatist movement by a foreign country.
This declarative element is really needed by a country because there are concerns that the survival of the country will be threatened, both threats that come from within and from outside, and as a social being, a country also cannot stand alone without the help or cooperation of other countries.
On the other hand, the existence of a declarative element or recognition from other countries is needed by a country to prove the existence of its country.
2. De jure
De jure recognition is legal recognition, so it is more official because it has received recognition from international law and is recognized by the United Nations Organization (United Nations).
As for getting de jure recognition, a country must pass a constitutive test conducted by the United Nations.
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Conditions for the Formation of a State
In addition to several declarative elements, the conditions for the establishment of a state also require the following:
1. Unity
The goals of the state will be achieved if the people have a sense of unity and oneness in the life of the nation and state. For example, in our country, Indonesia as one of the characteristics of a developing country, according to the second paragraph of the opening of the 1945 Constitution reads “… the State of Indonesia, which is independent, united, sovereign, just and prosperous “.
2. Political organization
Political organizations are organizations or groups that have interests or are engaged in the political process and actively play a role in determining the destiny of a nation.
An example of an organization that is categorized as a political organization in Indonesia is the Preparatory Committee for Indonesian Independence or often known as the PPKI.
3. Decree
Provisions mean that a country must have a provision that does not change. For example, in Indonesia the preamble of the 1945 Constitution was established and ratified by PPKI.
The Preamble to the 1945 Constitution is a separate part from the Body of the 1945 Constitution, because the Preamble to the 1945 Constitution has a permanent nature.
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Conclusion
From the explanation put forward, it can be said that a state can be formed if it fulfills the requirements for the formation of a state as a form of obedience to the rule of law.
The condition for the formation of a state is that the state must have the basic elements for the formation of a state as described above, namely a state must have a constitutive element consisting of people, territory and government as well as declarative elements or recognition from other countries either de facto or de jure.
That was the article that we can present to all readers regarding the various declarative elements both de facto and de jure in a country and the conditions for the establishment of a state. Hopefully it can provide insight for all people.