Unitary State

This is singular state. Unitary system is a state which is not composed from some of state. There is no state on the state. Unitary system have just one government on the one state, there is The Central Government which has highest authority in the government, make a policy and running the state. There are Different power between The Central Government and The Local Government. The power from the central government is an outstanding power in the state and there is no rival from the central legislative. The power of government in local area is derivatives. According what C.F.Strong says “The essence of a unitary state is that the sovereignty of is undivided”. In other words that the power from The Central Government are unrestricted, because the constitution from the unitary state does not admit of any other law making body(Legislative) than the central one(The Central Legislative) and there are 2 absolute characteristic of the Unitary state:

1.     The Principle of Deconcentration is a delegation of authority from the central government to the local official to running the government affairs.

2.     The Principle of Decentralization is a delivery of government affairs from the central government to the local government.

Reviewed from the history of constitution and theory of state, in the beginning of Old era, Medieval era, Renaissance era then entering Natural Law era either XVII or XVIII century, the authorities have an absolute power. There are still implementing the principles of centralization and the principles of concentration.

1.     The principle of centralization is the principles which are wants all the power and government affairs belong to the center of government.

2.     The principle of concentration is the principles which are want all the power government conducted by the center of government.

There are many efforts pop out from the philosophers to limit the power of the authorities (J.locke, Montesquieu, J.J Rousseau, Immanuel Kant and Maurice Duverger), but they was just created a theory. The power of the authorities is still absolutely.

After states in whole of the world become a develop state, the territory of state become large, government affairs become more complex and the citizens become more and heterogeneous then in the some of the states have implemented the principles of deconcentration.

The establishment of the principles of concentration has created the division of the country in the territories of administrative along with government territory. In some state was implemented the principles of decentralization and the principles of deconcentration, there is delegation of government affairs from the central government or upper-level local autonomy to local autonomyinto household affairs

Implementing of the principles of centralization was creating local autonomy (The unity of the legal community which has limited territory that reserves to right, author and obligations to regulate and maintain his own household appropriate with legislation and regulation).

The main characteristic of local autonomy is the existing of the bodies of representatives of the people or Parliament or Legislature.

In practice, it can create a combination:

1.     Concentration and Centralization

2.     Deconcentration and Centralization

3.     Deconcentration and Decentralization

4.     Deconcentration, Decentralization and the Duty of Assistance.

The duty of assistance is a duty to participate in the implementing of government affairs which is assigned to the local autonomy government by the central government or upper-level l local autonomy with obligation to take charge of who was given an authority to them.

 The principles of deconcentration, decentralization and the duty of assistance generally were implemented by Unitary States.

The example of Unitary state:

1.     Indonesia.

2.     France.

3.     Afghanistan.

4.     Paraguay, etc.

So Unitary state is strong state if compare to Federal state in the union and unity. Advantage of Unitary state, there is uniformity of constitution that was created by central government. Disadvantage of Unitary state, this state can hit by heavy burden because too much attention to the local issues.

Source (Soehino,S.H,IlmuNegara.Yogjakarta;Liberty,1998.)(Moh.Kusnadi,S.H,IlmuNegara.Jakarta;GayaMediaPratama,2008.)(Yahooanswer.com)(Google.com)