Tarumanagara Law Review
Vol. 8 No. I (2026): Talrev-Untar

Demonstrations and the Responses of Legislators Adhering to Legal Positivism

Angela Nataliza Chrysantia Dewi (Unknown)
Giovanni Sindo Wijaya (Unknown)
Britney Wilhelmina Berlian Mingga (Unknown)
Jeremy Exaudi Purba (Unknown)
Dwi Sukma Ramdhani (Unknown)
Gilang Septiawan Saputra (Unknown)
Clifford Deannova Saputra (Unknown)



Article Info

Publish Date
15 Apr 2026

Abstract

This study discusses the correlation between legal positivism and legislators responses to demonstrations in Indonesia. The background of this study stems from the understanding that demonstrations are a tangible manifestation of people's sovereignty and human rights guaranteed by the constitution, as a means for the public to express their opinions and monitor government policies. However, in the view of legal positivism, law is seen as a formal command of the ruler, separate from morality. When linked, legislators who adhere to legal positivism assess and respond to demonstrations based on formal regulations in order to achieve legal certainty, rather than moral values or substantive justice. Therefore, the response of a legislator who subscribes to positivism towards demonstrations is not emotional or moralistic in nature, but rather procedural. The influence of this thought is evident in Law No. 9 of 1998 Regarding Freedom of Expression in Public, which emphasises explicit restrictions, administrative requirements, and a clear legal framework for demonstrations. Thus, legal positivism influences the formulation of regulations by placing legal certainty and the supremacy of law as primary values, while moral aspects and social justice are placed outside the realm of positive law.

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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 ...