Comprehensive Study Guide on the Meaning, Elements, and Integrity of the Unitary State of the Republic of Indonesia

Meaning of the State and the Elements of a State

A nation requires a form of government to create and maintain social order, leading to the formation of a state. The term "state" is known by various names in foreign languages, including "staat" in Dutch and German, "state" in English, and "etat" in French. In Sanskrit, the term is "nagari" or "nagara," which translates to "city." Because states exist in various forms and characteristics, experts have provided differing definitions based on their specific perspectives.

Roger H. Soltau defines the state as an agency or authority that regulates or controls common issues on behalf of society. Harold J. Laski views the state as a community that is integrated and possesses coercive authority that is legally more powerful than the individuals or groups that comprise the society. Max Weber describes the state as a society that holds a monopoly on the legitimate use of physical force within a specific territory. Miriam Budiardjo defines the state as an organization within a territory that possesses the highest legitimate power, which is obeyed by its people.

To be recognized as a state, certain requirements must be met. According to the 1933 Montevideo Convention, these requirements are divided into constitutive elements, which are absolute and mandatory, and declarative elements, which are additional. Constitutive elements include the factual existence of a territory, a population (people), and a sovereign government. The declarative element refers to recognition by other nations. A state occupies a specific territory with defined boundaries, and its power encompasses the land, sea, and air—though some states may lack sea territory. The people of a state consist of every person inhabiting that territory, forming a human association with a desire for unity and shared ideals. A sovereign government includes state institutions and identities that distinguish the state from others. Recognition from other nations allows for international relations and cooperation with other countries or international organizations. There are two types of recognition: de facto, which is recognition based on the factual existence of the state (meeting the criteria of territory, people, and government), and de jure, which is recognition based on juridical or legal considerations, such as through formal treaties.

Territory of the Unitary State of the Republic of Indonesia

The territory of the Unitary State of the Republic of Indonesia (NKRI) is an archipelagic state characterized by the "Nusantara" concept. This means that although the NKRI consists of thousands of islands, these islands are not separated from one another but form a single connected unit. In this context, a strait is viewed not as a narrow body of water separating two islands, but as one that connects them. The territory of the NKRI is regulated under Article 1, Paragraph (1) of Law Number 43 of 2008 concerning State Territory. This law asserts that the state is a unified territory consisting of land, internal waters, archipelagic waters, and the territorial sea, along with the seabed and the subsoil beneath it, as well as the airspace above it, including all natural wealth contained within.

Before the current territory was established, there were significant debates during the BPUPK (Investigating Committee for Preparatory Work for Independence) sessions. The Chairman of the BPUPK, dr. K.R.T. Radjiman Wedyodiningrat, decided to hold a vote to determine the borders of Indonesia. There were three options: first, the entire Dutch East Indies; second, the entire Dutch East Indies plus Malaya, North Borneo, Timor, and Papua; and third, the entire Dutch East Indies plus Malaya and North Borneo. Out of the participants, $19$ chose the first option, $39$ chose the second, and $6$ chose the third, while some abstained. Consequently, the BPUPK decided on the second option, which became the basis for the PPKI (Preparatory Committee for Indonesian Independence) to establish Indonesian territory. Eventually, Malaya and North Borneo, which were under British control, became the independent nations of Malaysia, Brunei, and Singapore. Similarly, Portuguese Timor became the modern nation of Timor Leste. Consequently, Indonesia's current territory spans from Sumatra to Papua.

Muhammad Yamin, a pioneer of the Youth Pledge (Sumpah Pemuda), initially proposed that Indonesia include the Dutch East Indies territory including Papua, plus Portuguese Timor, North Borneo, and Malaya. As a history expert, Yamin argued that parts of Papua were once part of the Sultanate of Ternate. Drs. Mohammad Hatta disagreed, suggesting Papua was not necessary but Malaya and North Borneo were. Ir. Sukarno agreed with Yamin, citing the book Negarakertagama written by Mpu Prapanca around the year $1365$, which stated that the Majapahit Empire's influence reached Papua.

Indonesia's borders are defined as follows: to the south, the Indonesia Sea and Arafuru Sea bordering Australia; to the east, Papua island bordering Papua New Guinea; to the north, the Philippines, Malaysia, and Singapore; and to the west, sea territory bordering India. Indonesia is crossed by the equator, the line that divides the Earth into the Northern and Southern Hemispheres.

Scope of the Territory of the NKRI

The land territory of Indonesia includes residential areas within specific boundaries and areas beneath the earth's surface, including all natural resources. According to $2021$ data from the Central Bureau of Statistics (Badan Pusat Statistik), Indonesia has $16,766$ islands. The five largest islands are Sumatra, Java, Kalimantan, Sulawesi, and Papua. The total land area is approximately $\\pm 2,028,087\\,km^2$, which accounts for $25\\%$ of the total national territory. The coastline stretches for approximately $\\pm 81,000\\,km$. Astronomically, Indonesia is located between 6^\\circ\\text{LU} - 11^\\circ\\text{LS} and 95^\\circ - 141^\\circ\\text{BT}.

The water territory includes internal waters, archipelagic waters, the territorial sea, the contiguous zone, and the Exclusive Economic Zone (EEZ). Internal waters are all waters on the land side of the low-water mark of the coast. Archipelagic waters are all waters within the straight baselines connecting the outermost points of the islands. The territorial sea extends $12$ nautical miles from the baselines. The contiguous zone (Zona Tambahan) reflects an area not exceeding $24$ nautical miles from the baselines. The Exclusive Economic Zone (EEZ) is an area outside the territorial sea extending up to $200$ nautical miles from the baselines. The Continental Shelf (Landasan Kontinen) includes the seabed and subsoil up to $200$ miles from the coast.

Reference data established since $2015$ by the Geospatial Information Agency (BIG) and the Center for Hydrography and Oceanography of the Indonesian Navy (Pushidros TNI AL) provides the following national reference data:

1. Area of internal and archipelagic waters: $3,110,000\\,km^2$
2. Area of territorial sea: $290,000\\,km^2$
3. Area of the contiguous zone: $270,000\\,km^2$
4. Area of the Exclusive Economic Zone: $3,000,000\\,km^2$
5. Total water area: $6,400,000\\,km^2$
6. Total NKRI area (land and water): $8,300,000\\,km^2$
7. Total length of coastline: $108,000\\,km$
8. Area of the continental shelf: $2,800,000\\,km^2$

Airspace is measured from the surface of Indonesia’s land and water up to an altitude of $110\\,km$. The space territory (antariksa) covers $33,761\\,km$ above the land and water surfaces.

Indonesia as a Unitary State

During the BPUPK sessions, the founding fathers debated the form of the state. Soepomo proposed an "integral state" or unitary state, where the leader is "united in soul with the people," based on the spirit of gotong royong (mutual cooperation) and family principles (kekeluargaan). While most members agreed, Drs. Mohammad Hatta suggested a federal or union state. In a federal state, provinces or regions are not sovereign; they can have their own leaders, parliaments, and constitutions, but sovereignty remains with the federal government. Hatta believed this was more suitable for Indonesia's diverse ethnicities and cultures. However, Muhammad Yamin and Ir. Sukarno supported the unitary state, with Yamin arguing it reflected the spirit of the Youth Pledge and that a federal state would weaken Indonesia.

The commitment to a unitary state is enshrined in Article 1, Paragraph (1) of the 1945 Constitution (UUD 1945), which states, "The State of Indonesia is a Unitary State in the form of a Republic." In a unitary state, all regional management is regulated by the central government, which holds full sovereignty both internally and externally. Characteristics of a unitary state include having one constitution, one head of state, one parliament, and one cabinet. In Indonesia, the government is coordinated by a centered leadership in the capital, led by the President as both head of state and head of government. The representative bodies at the central level include the People's Consultative Assembly (MPR), the House of Representatives (DPR), and the Regional Representative Council (DPD).

A unitary state can operate under two systems: centralization, where all matters are handled by the central government, or decentralization, where local governments are given the authority to manage their own affairs through regional parliaments, while the central government maintains supreme power. National consensus to maintain the NKRI is specifically mentioned in Article 37, Paragraph (5) of the 1945 Constitution, which states that "Specifically regarding the form of the Unitary State of the Republic of Indonesia, no changes can be made."

Historically, the state form changed briefly. Following Dutch military aggression after independence, the Round Table Conference (KMB) in The Hague resulted in the recognition of sovereignty on December 27, 1949, forming the Republic of the United States of Indonesia (RIS). However, this federal form did not last long as the people desired a return to the unitary form. On August 17, 1950, Ir. Sukarno dissolved the RIS and returned to the NKRI based on the 1950 Provisional Constitution (UUDS 1950). Later, because the Constituent Assembly failed to draft a new constitution, President Sukarno issued the Decree of July 5, 1959, which reinstated the 1945 Constitution and dissolved the Constituent Assembly. Today, the legal basis for the NKRI remains Article 1 Paragraph (1), Article 25 A (defining Indonesia as an archipelagic state with Nusantara characteristics), and Article 37 Paragraph (5) of the 1945 Constitution.

Efforts to Maintain Territorial Integrity

Maintaining the integrity of the nation is a duty linked to one's faith and love for the homeland. Ir. Sukarno once stated, "My struggle was easier because I fought the colonizers, but your struggle will be harder because you will fight your own people." This highlights that internal divisions are more dangerous than external threats. To protect the NKRI, certain behaviors must be avoided: individualism (prioritizing oneself and closing off from society), tribalism or sukuisme (believing one's tribe is superior), ethnocentrism (viewing one's culture as superior to others), fanaticism (believing one's own beliefs are the only good ones and disrespecting others), and extremism (using violence to achieve change).

Conversely, several positive behaviors should be developed. The first is love for the homeland (nationalism), which can be broad (loving the country while respecting other nations equally) or narrow (excessive love that disparages other nations). Examples of applying this include maintaining local security, managing waste, and using natural resources wisely. The second is the willingness to sacrifice (rela berkorban), which involves selflessly giving through physical or non-physical means, such as volunteering during disasters, donating to victims, or attending flag ceremonies solemnly. The third is tolerance, the act of respecting differences in religion and background. This includes being open-minded, allowing friends to perform their religious duties, and using polite language. The fourth is cooperation or gotong royong, which involves working together on tasks like cleaning the environment or completing school assignments responsibly.

In daily life, maintaining the NKRI starts in the closest environments. In the family, this involves respecting elders, loving family members, and correcting those who break rules. At school, it includes protecting the school's reputation, making friends without discrimination, and obeying school regulations. In society, it involves participating in night watches (ronda malam), keeping the environment clean, and preserving local traditions.