The process of the occurrence of the state in primary
The occurrence of the primary state is gradual, starting from the existence of the simplest legal society, then evolving to a more advanced level and not being connected with the existing state. Thus, the primary occurrence of the state is to discuss the origin of the first state in the world.

According to G. Jellinek, the occurrence of the state primarily goes through 4 stages (Phases), namely:
• Human Guild Phase.
• Kingdom Phase.
• Country Phase.
• Phases of the State of Democracy and Dictatorship

In addition, to study the origin of the first state, one can also use a theoretical approach, which is an approach based on a logical framework whose hypothesis has not been proven in reality. On the basis of this approach, there are several theories about the origin of the state:

a. Theory of God (Theocratic).
The premise of this theory is a belief that everything that exists or happens in this universe is all God’s will, as well as the state happened because of God’s will. The remnants of the symbols of theocratic theory can be seen in the sentences contained in various state constitutions, such as: “….. By the grace of God Almighty” or “By the grace of God”.

b. Power Theory.
According to this theory the state is formed because of power, while power comes from those who are the most powerful and powerful, so that the state occurs because of people who have the power/power to conquer the weak.

c. Community Covenant Theory.
According to this theory, the state is formed because a group of people who originally each lived separately entered into an agreement to form an organization that could carry out common interests. This theory is based on an understanding that human life is separated into two eras, namely pre-state (natural age) and state.

d. Natural Law Theory.
According to this theory, the formation of the state and law by looking at humans before there were people living independently.

The Process of Secondary Occurrence

The occurrence of a secondary state is to discuss the occurrence of a new state which is connected with other countries that have existed before, related to this, the recognition of other countries in the secondary theory is an important element of the establishment of a new state.
To find out the occurrence of a new state, one can use a factual approach, which is an approach that is based on facts and historical experiences that actually happened.
According to historical facts, the occurrence of a country because:

a. Conquest/Occupation (Occupation).
An area that no one has controlled is then occupied by a nation. Example: Liberia was occupied by Negro slaves who were liberated in 1847.

b. Disengagement (Proclamation).
An area which was originally included in the territory of a certain country broke away and declared its independence. Example: Belgium broke away from the Netherlands in 1839, Indonesia in 1945, Pakistan in 1947 (originally part of Hindustan), Bangladesh in 1971 (originally part of Pakistan), Papua New Guinea in 1975 (originally part of Australia), 3 Baltic countries (Latvia, Estonia, Lithuania). ) broke away from the Soviet Union in 1991, etc.

c. Melting into one (Fusion).
Several countries have merged into one new country. Example: Kingdom of Germany (1871), Vietnam (1975), Germany (1990), etc.

d. Annexation.
An area/country that was taken over (annexed) by another nation, then in that region stood the state. Example: Israel in 1948.

e. The disappearance and formation of a new state.
A country breaks up and disappears, then on top of that region a new country emerges.
Example: Germany became West Germany and East Germany in 1945.


The origin of the state is divided into 2, namely:

1. Primary

2. Secondary

I. Primary

The origin of the primary state is also known as a theoretical approach that is conjecture which is considered correct.

The state occurs through several stages and there is no relationship with the pre-existing state.

Stages of occurrence of the State:

1. Genoot Schaft (Tribe)

There is a term Primus Interpares which means The most important among others.

2. Rijk/Reich (Kingdom

Here comes the awareness of property rights and land rights.

3. Staat

Awareness of the need for democracy and popular sovereignty.

4. Natie’s dictator

II. Secondary

The origin of the occurrence of the State is secondary to the fact or reality approach.

The occurrence of the State / the birth of the State has a relationship with the State that has existed before.

There are several types of secondary origins of the state, namely:

1. Proclamation

Declaration of independence from colonization by other nations.

2. Fusion

Merger of 2 or more countries and form 1 country.

3. Annexation

Annexation. An area is controlled by another country without a fight.

4. Cessie

submission. An area is ceded to another country based on a treaty.

5. Accessie

Withdrawal. The increase in an area due to the process of silting the sea in a long period of time and is inhabited by groups.

6. Occupation

Occupation. An empty area is then occupied by a group of nations so that the state stands.

7. Innovation

A State breaks up, then disappears and raises a new State above it.

8. Separation.

The occurrence of the state can be studied through 3 approaches, namely theoretically, factually, and through the process of primary and secondary growth.

Theoretical Approach
Consists of :
Theory of God:
The state exists by the will of God. This theory was pioneered by Augustine, Friedrich Julius Stahl, and Kraneburg.
Community Covenant Theory:
Power Theory:
Factual Approach
This approach is based on what actually happened. According to historical facts, a country is formed, among others because:
Occupation (Occopatie)
Occurs when an area that has no owner and has not been controlled is then occupied and controlled by certain tribes / groups. Example: Liberia occupied by Negroes was liberated in 1847.
Proclamation (Proclamation)
An area occupied by another nation held a struggle so that it succeeded in seizing its territory and declaring independence. For example: Indonesia on August 17, 1945 was able to become independent from Japanese and Dutch colonialism.
Withdrawal ( Accessie )
Initially an area was formed as a result of rising river mud or arising from the seabed (delta). The area is then inhabited by a group of people to eventually form a state. Example: The state of Egypt was formed from the delta of the Nile.
Submission ( Cessie )
Occurs when a territory is handed over to another country on the basis of a certain agreement. Example: The Sleewijk Territory was ceded by Austria to Prussia (Germany).
Annexation / Control ( Anexatie )
A country stands in an area that is controlled (annexed) by another nation without significant reaction. Example: the state of Israel when it was formed in 1948 annexed many areas of Palestine, Syria, Jordan and Egypt.
Separation (Separate)
An area that broke away from the country that originally controlled it later declared independence. Example: Belgium seceded from the Netherlands and declared independence.
Melting (Fusion)
Occurs when small countries that inhabit an area enter into an agreement to merge into a new country. Example: the formation of the German royal federation in 1871.
New formation
Territory of a country that stands on the territory of a country that has been broken up. Example: The Soviet Union broke up and new countries emerged.