Tarumanagara Law Review
Vol. 7 No. I (2025): Talrev-Untar

Demonstrations and Legislators' Responses from the Perspective of the Sociological School of Law

Aurelia Andrapradeshtya Nur (Universitas Tarumanagara)
Fadia Zahra Hanan (Unknown)
Gabriela Gunawan (Unknown)
Nabilah Tia Azzahra (Unknown)
Revan Filbert Nathaniel Tius (Unknown)



Article Info

Publish Date
15 Apr 2026

Abstract

As a rechtstaat (rule-of-law state), Indonesia constitutionally guarantees the freedom of assembly, including public demonstrations, under Article 28E(3) of the 1945 Constitution. In practice, however, these articulations of public dissent are frequently met with repressive state actions, reflecting a prevailing formalistic legal paradigm. This paradigm reduces law to a mere instrument of public order, consequently disregarding complex social realities. This research analyzes the phenomenon of public demonstrations and the corresponding legislative responses through the theoretical lens of sociological jurisprudence. Employing a normative-empirical juridical methodology, the study utilizes secondary data acquired via comprehensive library research. The findings reveal that sociological jurisprudence, pioneered by Roscoe Pound and Eugen Ehrlich, conceptualizes law not as static statutes (law in books), but dynamically as living law and as law as a tool of social engineering. From this perspective, demonstrations—such as the widespread protests against the Omnibus Law are interpreted not as mere legal infractions, but as vital manifestations of this living law and essential social feedback. They signify a profound chasm between formal positive law and the public’s substantive sense of justice. Therefore, it is concluded that legislators aligned with a sociological perspective must eschew repressive reactions, adopting instead dialogical, participatory, and responsive engagement. Such a legislative response is imperative for substantive policy correction, reinforcing legal legitimacy, and ensuring the legal framework functions to achieve genuine social justice rather than existing solely as an instrument of power.

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Journal Info

Abbrev

tlr

Publisher

Subject

Description

Tarumanagara Law Review (TaLrev) is a peer-reviewed academic journal published by the Faculty of Law, Universitas Tarumanagara, Indonesia. The journal provides a platform for academics, researchers, legal practitioners, and students to publish original research articles and review articles ...