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All Journal Tarumanagara Law Review
Angela Nataliza Chrysantia Dewi
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Demonstrations and the Responses of Legislators Adhering to Legal Positivism Angela Nataliza Chrysantia Dewi; Giovanni Sindo Wijaya; Britney Wilhelmina Berlian Mingga; Jeremy Exaudi Purba; Dwi Sukma Ramdhani; Gilang Septiawan Saputra; Clifford Deannova Saputra
Tarumanagara Law Review Vol. 8 No. I (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iI.38964

Abstract

This study discusses the correlation between legal positivism and legislators responses to demonstrations in Indonesia. The background of this study stems from the understanding that demonstrations are a tangible manifestation of people's sovereignty and human rights guaranteed by the constitution, as a means for the public to express their opinions and monitor government policies. However, in the view of legal positivism, law is seen as a formal command of the ruler, separate from morality. When linked, legislators who adhere to legal positivism assess and respond to demonstrations based on formal regulations in order to achieve legal certainty, rather than moral values or substantive justice. Therefore, the response of a legislator who subscribes to positivism towards demonstrations is not emotional or moralistic in nature, but rather procedural. The influence of this thought is evident in Law No. 9 of 1998 Regarding Freedom of Expression in Public, which emphasises explicit restrictions, administrative requirements, and a clear legal framework for demonstrations. Thus, legal positivism influences the formulation of regulations by placing legal certainty and the supremacy of law as primary values, while moral aspects and social justice are placed outside the realm of positive law.
Co-Authors Britney Wilhelmina Berlian Mingga Clifford Deannova Saputra Dwi Sukma Ramdhani Gilang Septiawan Saputra Giovanni Sindo Wijaya Jeremy Exaudi Purba