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HUBUNGAN ANTARA ILMU NEGARA DENGAN HUKUM TATA NEGARA

HUBUNGAN ANTARA ILMU NEGARA

DENGAN HUKUM TATA NEGARA

 

Adanya hubungan yang erat antara ilmu negara dengan hukum tata negara, karena secara akademis “obyek kajian ilmiahnya sama yakni negara”. Perbedaan antara Ilmu Negara dengan Hukum Tata Negara, yaitu:

Kajian Hukum Tata Negara, adalah:

  1. Negara dalam pengertian yang konkrit, artinya negara yang terikat pada tempat, waktu dan keadaan. Misalnya; Negara Indonesia, Negara Inggris, Negara Muangthai, Negara Malaysia, dan sebagainya;
  2. Susunan negara, alat – alat perlengkapannya (lembaga negara), tugas` dan wewenang serta kewajiban dari lembaga – lembaga tersebut;

Sedangkan kajian Ilmu Negara, adalah:

  1. Negara dalam pengertian yang umum, abstrak, tidak terikat pada tempat, waktu dan keadaan. Jadi obyeknya negara dalam sifat yang umum universal.
  2. Penyelidikan tentang  asal mula negara, hakekat negara, bentuk – bentuk negara dan pemerintahan.

Merujuk pada  uraian hubungan antara Ilmu Negara dengan Hukum Tata Negara, dalam pengembangan keilmuan maka Ilmu Negara merupakan “pengantar” untuk mempelajari Hukum Tata Negara. Misalnya, untuk menentukan bentuk Pemerintahan Republik dari suatu negara, seperti; Republik Indonesia yang diatur dalam pasal 1 UUD Negara Republik Indonesia 1945, maka harus diketahui ukuran – ukuran pemerintahan republik yang secara teoritis dibahas dalam Ilmu Negara.

Dengan demikian, Ilmu Negara memberikan basis atau dasar – dasar teoritis bagi Hukum Tata Negara. Hukum Tata Negara merupakan penerapan didalam kenyataan – kenyataan konkrit dari bahan – bahan teoritis dari hasil pengkajian Ilmu Negara. Ilmu Hukum Tata Negara mempunyai sifat praktis atau ilmu terapan (applied science) yang bahan – bahannya diselidiki, dikumpulkan dan disediakan oleh Ilmu Negara yang dapat disebut ilmu murni (pure science).

 

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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