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BEBERAPA DOKTRIN DEFINISI HUKUM TATA NEGARA

BEBERAPA DOKTRIN DEFINISI HUKUM TATA NEGARA

 

  • Menurut van Vollenhoven: Hukum Tata Negara mengatur semua masyarakat hukum atasan dan masyarakat hukum bawahan menurut tingkatannya dan dari masing – masing itu menentukan wilayah lingkungan rakyatnya dan akhirnya menentukan badan – badan dan fungsinya masing – masing yang berkuasa dalam lingkungan masyarakat hukum itu, serta menentukan susunan dan wewenangnya dari badan – badan tersebut.

Tata Negara membicarakan masyarakat Hukum atasan dan bawahan dan hubungannya menurut hierarchie serta hak dan kewajibannya masing – masing. Kesemuanya ini menunjukkan negara dalam keadaan statis.

  • Menurut Scholten: Hukum Tata Negara adalah hukum yang mengatur organisasi daripada negara.

Dengan rumusan seperti itu, Scholten ingin membedakan Hukum Tata Negara dari Hukum Gereja dan hukum yang mengatur organisasi lainnya yang sifatnya derivatif. Dari rumusan Scholten tersebut dapat disimpulkan bahwa dalam organisasi negara itu telah dicakup bagaimana kedudukan organ – organ dalam negara itu, hubungan, hak dan kewajiban, serta tugasnya masing – masing, akan tetapi tidak dibahas lebih lanjut bagaimanakah nasib Hak Asasi Manusia (HAM) serta status kewarganegaraan  seseorang.

  • Van der Pot: Hukum Tata Negara adalah peraturan – peraturan yang menentukan badan – badan yang diperlukan serta wewenangnya masing – masing, hubungannya satu dengan yang lainnya dan hubungannya dengan individu – individu (dalam kegiatannya);
  • Logemann: Hukum Tata Negara adalah hukum yang mengatur organisasi negara;

Menurut Logemann jabatan merupakan pengertian yuridis dari fungsi, sedangkan fungsi adalah pengertian bersifat sosiologis. Karena negara merupakan organisasi yang terdiri atas fungsi – fungsi dalam hubungannya satu dengan yang lainnya serta keseluruhannya, maka dalam arti yuridis, negara merupakan organisasi dari jabatan – jabatan.

  • Apeldoorn: Hukum Negara dalam arti sempit menunjukkan orang – orang yang memegang kekuasaan pemerintahan dan batas – batas kekuasaannya;

Apeldoorn memakai istilah Hukum Negara dalam arti sempit yang sama artinya dengan istilah Hukum Tata Negara dalam arti sempit, adalah untuk membedakan dengan Hukum Negara dalam arti luas, yang meliputi Hukum Tata Negara dan Hukum Administrasi Negara.

 

 Created  and  Posted By:
Appe Hamonangan Hutauruk, SH., MH.
Lecturer, Advocate and Legal Consultant
Handphone: 0818964919, 085959597919, 081213502002

 

 

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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