Rassel Surya Darma
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Demonstrations and Responses from Legislators with a Utilitarian Legal School Richie Lay Tan; Rassel Surya Darma; Ariel Yuansa Mulia; Yosua Chrisdinata; Arif Nur Muhammad
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.38944

Abstract

This article analyzes legislators' responses to demonstrations in Indonesia from the perspective of utilitarian legal philosophy. Utilitarian thinking, rooted in the ideas of Jeremy Bentham and John Stuart Mill, emphasizes that the legitimacy of a policy should be measured by the extent to which it maximizes collective welfare. In the context of demonstrations as political and social expressions, utilitarian-oriented legislators are faced with the dilemma of maintaining legal stability and substantively responding to public aspirations. This study examines how utilitarian values ​​can be applied in legislators' decision-making, particularly when demonstrations involve demands for policy change, criticism of state institutions, or calls for legal reform. A juridical-philosophical approach is used to examine the relationship between legislators' constitutional obligations, citizens' democratic rights, and the principle of "the greatest happiness for the greatest number." This article also highlights the relevance of the principles of proportionality, policy effectiveness, and human rights protection as parameters for assessing legislators' responses to mass demonstrations. Thus, this study contributes to the development of contemporary legal philosophy discourse and its relevance in contemporary Indonesian constitutional practice.