Implementation of Article 28e (3) of The Constitution of The Republic of Indonesia Year 1945 on The Restriction of The Right of Assembly in Law No. 17 of 2013 about Community Organizations

Evi Oktarina (Sekolah Tinggi Ilmu Hukum Sumpah Pemuda, Palembang, Indonesia)
Muhamad Yosi Agustian (Sekolah Tinggi Ilmu Hukum Sumpah Pemuda, Palembang, Indonesia)

Greenation International Journal of Law and Social Sciences
Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au

The Republic of Indonesia's 1945 Constitution's Article 28E, paragraph (3), guarantees the right to freedom of organization and assembly. The purpose of this study is to investigate and evaluate the juridical aspects of these rights in the context of the establishment and implementation of Community Organization activities in Indonesia. The research uses normative method with legislation, historical, and comparative approach. The results of the analysis showed that although the right to association is constitutionally recognized, practices on the ground still face various obstacles, such as unilateral dissolution, restrictions by the state, as well as regulations that have the potential to curb organizational freedom. On the other hand, the state also has the obligation to uphold the integrity of state ideology and public order. Thus, it is necessary to strike a balance between the state's power and the defense of citizens' rights in organizing public organizations. Recommendations, the need for fair law enforcement, improved regulation, and increased legal awareness in the community so that freedom of association can be realized effectively and responsibly.