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Irma Mangar
Universitas Bojonegoro, Jawa Timur

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Legitimasi dalam Menjawab Permasalahan Hukum Tentang Batasan Waktu Demonstran Mochammad Mansur; Irma Mangar
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.5735

Abstract

In the legal view, demonstrations or demonstrations are a tangible form of freedom of expression guaranteed by the constitution. The 1945 Constitution of the Republic of Indonesia, especially Article 28E, provides the basis that everyone has the right to express their opinions, assemble, and association. To ensure that these freedoms can run in an orderly and safe manner, the state then regulates its mechanism through Law Number 9 of 1998 concerning the Freedom of Expression in Public. This research is normative research Normative law research has a tendency to image law as a prescriptive discipline where only looking at law from the perspective of its norms, which of course is descriptive. The time limit is often the reason for the dispersal of actions even though they are peaceful, thus causing the potential for abuse of authority by the authorities. In addition, the absence of a mechanism of flexibility or exceptions under certain conditions makes its implementation prone to conflict between demonstrators and law enforcement