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All Journal Tarumanagara Law Review
Efryando Stefen Andreas Sinaga
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Demonstrations and the Response of Legislators Adhering to the School of Legal Positivism Rewiyaga; Griselda Vaustine; Nathasya; Jeremy Nathanael; Matthew Mikha Sebastian Matondang; Efryando Stefen Andreas Sinaga
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.38949

Abstract

Indonesia as a constitutional state ( rechtsstaat ) regulates demonstrations through a hierarchical system of positive law norms. This study examines how legal positivism paradigm structures the legislative response to public demonstrations through formal-procedural frameworks. Using qualitative methods and a literature-based approach, this research analyzes how positivist legislators assess demonstrations based exclusively on compliance with formal procedures established in statutory law, particularly Law No. 9/1998 on Freedom of Expression in Public. The findings demonstrate that the positivist paradigm strictly separates legal validity from moral considerations—a demonstration's legality is determined solely by adherence to prescribed procedures, regardless of the substantive justice or urgency of its demands. Legal certainty is achieved through consistent application of formal rules derived from authoritative sources, not through moral evaluation. This study clarifies that in the positivist framework, demonstrations function as constitutionally protected aspirational mechanisms only when executed within procedural boundaries, with any deviation subject to sanctions irrespective of moral claims.
Co-Authors Griselda Vaustine Jeremy Nathanael Matthew Mikha Sebastian Matondang Nathasya Rewiyaga