Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Tarumanagara Law Review
Vennia Neshya Rusli
Unknown Affiliation

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Demonstration and Response of Legislators to Legal Positivism Leonardi; Amelia Abdullah Zimah; Febriany; Fayola Bearminta Chandra; Vennia Neshya Rusli
Tarumanagara Law Review Vol. 7 No. II (2025): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v7iII.38942

Abstract

This study analyzes the response of Indonesian legislators to public demonstrations, particularly those resulting in the loss of life, through the lens of legal positivism. Although demonstrations are a constitutional right guaranteed by the 1945 Constitution and Law No. 9 of 1998, tension exists between the people's aspirations for substantive justice and the legislators' legal-formalist perspective. Adhering to legal positivism, legislators tend to prioritize legal certainty and public order over the substance of demands. As a result, the validity of demonstrations is seen solely in terms of procedural compliance, rather than in terms of the justice they are fighting for. More fatally, the legislators' response focuses more on the violations of the law by the demonstrators and the justification of the authorities' actions based on existing regulations, rather than on the state's failure to protect the right to life. This approach instrumentalizes the law as a shield of power and creates a legitimacy deficit. This study highlights the importance of shifting toward a more responsive and integrative legal paradigm, in line with the thinking of Gustav Radbruch and Satjipto Rahardjo, which balances legal certainty with justice and social benefit to realize a state based on the rule of law that fundamentally protects human rights.
Co-Authors Amelia Abdullah Zimah Fayola Bearminta Chandra Febriany Leonardi