Sherlyana Indah Saputri
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Understanding Legislative Responses to Demonstrations through Legal Realism Natania Frederica; Ellen Chang; Sherlyana Indah Saputri; Salma Setiawati; Ririn Khairunisa; Diva Khairunnisa
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.38965

Abstract

Demonstrations, as a means of expressing public demands in democratic countries, inherently demand a proportionate legislative response. This study provides an in-depth conceptual analysis of how legislators adopting a legal realism perspective specifically address this phenomenon. In stark contrast to positivist thinking, which emphasizes strict adherence to legal texts, legal realism frames or views law as a reflection of the actual decisions made by officials and the social realities that influence them and their ways of acting. This study argues that legislators adhering to a legal realism paradigm do not view demonstrations merely as a disruption to public order or a mere formalistic exercise of the right to freedom of speech. Instead, they interpret them as valuable sociological data, a true reflection of living law, and a concrete manifestation of significant social pressure that cannot be ignored. For realist legislators, who view law as a pragmatic tool for achieving social goals, legislative responses to their demonstrations are often political and oriented toward social consequences. They engage in in-depth deliberation, analyzing the socio-political power dynamics underlying the demonstrations, carefully considering the implications of granting or rejecting the masses' demands, and anticipating how legislative decisions, whether amending laws, extending them, or enacting new regulations, will affect the balance of power, government legitimacy, and social stability. Consequently, every decision they make is based not only on formal legal considerations but also on realistic predictions of the policy's actual impact on people's lives. Thus, law is understood as a dynamic entity, constantly interacting with the social realities of society.