Ipso Jure
Vol. 3 No. 7 (2026): Ipso Jure - August

Between Freedom of Expression and Public Order: An Analysis of Police Discretion in Handling Anarchic Demonstrations

Hermanto Dewey Hutabarat (Universitas Dr. Soetomo Surabaya)
M. Syahrul Borman (Universitas Dr. Soetomo Surabaya)
Dudik Djaja Sidarta (Universitas Dr. Soetomo Surabaya)



Article Info

Publish Date
29 Aug 2026

Abstract

Demonstrations, as a manifestation of freedom of expression guaranteed by the constitution, in practice often escalate into anarchic actions that disrupt public order and can lead to criminal acts. This situation places the Indonesian National Police in a position that is both strategic and complex, because on one hand they are obliged to protect the constitutional rights of citizens, while on the other hand they must enforce the law and maintain public order through the exercise of discretionary authority. This study aims to analyze the discretionary authority of the police in law enforcement against acts of anarchism that occur during demonstrations, as well as to examine the factors that influence the application of such discretion. The method used in this study is legal research with a normative juridical approach reinforced by a sociological juridical approach, through analysis of legislation, police policies, and relevant legal literature. The results of the study indicate that police discretion is a legally valid authority within the framework of positive law and serves as an instrument to address the limitations of written norms when facing dynamic and escalating demonstration situations. However, the implementation of discretion is influenced by normative, institutional, and situational factors, as well as the personal factors of officers. Therefore, without adequate regulation, officer professionalism, and effective oversight mechanisms, the application of discretion has the potential to create legal uncertainty and human rights violations. Thus, strengthening regulation and discretionary governance becomes an essential need to ensure law enforcement that is proportional and accountable.

Copyrights © 2026






Journal Info

Abbrev

IJJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ipso Jure is an international, peer-reviewed, open access journal dedicated to advancing scholarly research and discourse in the field of law, with a particular emphasis on the principles of the rule of law. The journal aims to provide a platform for academics, legal practitioners, policymakers, and ...