cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dr. Ade Adhari, S.H., M.H.
Contact Email
tarumanagaralawreview@fh.untar.ac.id
Phone
+6281225938844
Journal Mail Official
tarumanagaralawreview@fh.untar.ac.id
Editorial Address
Faculty of Law, Universitas Tarumanagara, Jl. Letjen S. Parman No. 1, Grogol Petamburan, Jakarta Barat 11440, Indonesia.
Location
Kota adm. jakarta barat,
Dki jakarta
INDONESIA
Tarumanagara Law Review
Published by Universitas Tarumanagara
ISSN : 26847744     EISSN : 26847752     DOI : https://doi.org/10.24912/talrev
Core Subject :
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 addressing contemporary legal issues. Its focus and scope include Constitutional Law, Administrative Law, Civil Law, Criminal Law, Business and Commercial Law, International Law, Environmental Law, Labour Law, Intellectual Property Law, Tax Law, Customary Law, Legal Theory and Philosophy, Comparative Law, Law and Society, and other contemporary issues in law.
Arjuna Subject : -
Articles 57 Documents
 1   2   3   4   5 
Demonstration and Response of Legislators to Legal Positivism Leonardi; Amelia Abdullah Zimah; Febriany; Fayola Bearminta Chandra; Vennia Neshya Rusli
Tarumanagara Law Review Vol. 7 No. II (2025): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v7iII.38942

Abstract

This study analyzes the response of Indonesian legislators to public demonstrations, particularly those resulting in the loss of life, through the lens of legal positivism. Although demonstrations are a constitutional right guaranteed by the 1945 Constitution and Law No. 9 of 1998, tension exists between the people's aspirations for substantive justice and the legislators' legal-formalist perspective. Adhering to legal positivism, legislators tend to prioritize legal certainty and public order over the substance of demands. As a result, the validity of demonstrations is seen solely in terms of procedural compliance, rather than in terms of the justice they are fighting for. More fatally, the legislators' response focuses more on the violations of the law by the demonstrators and the justification of the authorities' actions based on existing regulations, rather than on the state's failure to protect the right to life. This approach instrumentalizes the law as a shield of power and creates a legitimacy deficit. This study highlights the importance of shifting toward a more responsive and integrative legal paradigm, in line with the thinking of Gustav Radbruch and Satjipto Rahardjo, which balances legal certainty with justice and social benefit to realize a state based on the rule of law that fundamentally protects human rights.
Demonstrations and Responses from Legislators with a Utilitarian Legal School Richie Lay Tan; Rassel Surya Darma; Ariel Yuansa Mulia; Yosua Chrisdinata; Arif Nur Muhammad
Tarumanagara Law Review Vol. 7 No. II (2025): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v7iII.38944

Abstract

This article analyzes legislators' responses to demonstrations in Indonesia from the perspective of utilitarian legal philosophy. Utilitarian thinking, rooted in the ideas of Jeremy Bentham and John Stuart Mill, emphasizes that the legitimacy of a policy should be measured by the extent to which it maximizes collective welfare. In the context of demonstrations as political and social expressions, utilitarian-oriented legislators are faced with the dilemma of maintaining legal stability and substantively responding to public aspirations. This study examines how utilitarian values ​​can be applied in legislators' decision-making, particularly when demonstrations involve demands for policy change, criticism of state institutions, or calls for legal reform. A juridical-philosophical approach is used to examine the relationship between legislators' constitutional obligations, citizens' democratic rights, and the principle of "the greatest happiness for the greatest number." This article also highlights the relevance of the principles of proportionality, policy effectiveness, and human rights protection as parameters for assessing legislators' responses to mass demonstrations. Thus, this study contributes to the development of contemporary legal philosophy discourse and its relevance in contemporary Indonesian constitutional practice.
Demonstrations and the Response of Legislators from the Natural Law School Marsel; Muhammad Jordan Edison; Benedict Hosea; Jeremy Nathanael Santya; Jovindi Fernando Kusniawan; Mohammad Rubby Sriyanto
Tarumanagara Law Review Vol. 7 No. II (2025): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v7iII.38947

Abstract

Natural law theory asserts that true law must be rooted in reason and directed toward the common good (bonum commune). Within this framework, positive law is legitimate only when it is consistent with natural law, which is derived from universal moral principles. In the context of modern democracy, demonstrations constitute a form of popular participation through which people demand changes to legislation. However, not all demonstrations possess moral legitimacy, as mass demands do not always align with objective justice. This article examines how demonstrations can be evaluated from the perspective of natural law by analyzing three cases in Indonesia: the 1998 Reform Movement, opposition to the 2020 Job Creation Law, and pro-abortion demonstrations. The analysis demonstrates a spectrum of moral legitimacy. The 1998 Reform Movement possessed high legitimacy because it pursued objective justice against tyranny. Opposition to the Job Creation Law possessed partial legitimacy because it embodied the value of procedural justice, while also exhibiting weaknesses in proportionality and epistemic foundations. Conversely, pro-abortion demonstrations lack moral legitimacy because they contradict the basic good of life. For legislators, natural law provides moral guidance for evaluating mass demands rationally and based on prudentia legislativa—practical wisdom that guides decision-making in accordance with natural justice. Thus, natural law offers an objective framework that guides the relationship between demonstrations and legislation, ensuring that democracy is not merely procedural but also substantive, upholding human dignity, justice, and universal moral truth.
Application of Utilitarianism in Public Policy: An Analysis of Utilitarian Legislators’ Responses to Demonstrations Kearen Elvira Naftali; Siti Novianti; Aufa Fakhrana Rizky; Allaysha Adindaputri Kirani; Marina; Shahrazad Elmaniz; Luqyana Shafira Alfarhani
Tarumanagara Law Review Vol. 7 No. II (2025): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v7iII.38948

Abstract

This study explores the relevance and application of the Utilitarianism principle in shaping public policy in Indonesia, with particular emphasis on the role of legislators in responding to demonstrations as expressions of public aspiration. The inquiry arises from developments in legal philosophy that question the status of law as a science and its relationship with morality and social utility, in line with the fundamental tenets of Utilitarianism. Drawing upon the philosophical foundations of Jeremy Bentham and John Stuart Mill, the principle of “the greatest happiness for the greatest number” serves as both a moral and rational basis for formulating policies directed toward the common good. Employing a normative legal-philosophical approach, this research examines how the utilitarian concept of utility is implemented within Indonesia’s legislative process and how it aligns with the values of Indonesian Positive Law, particularly in maintaining equilibrium between moral theory and the practical operation of law in society. The findings indicate that applying utilitarian principles in public policy requires the integration of both formal and substantive justice through laws that advance collective welfare. Legislators are expected to assess the social benefits of every policy objectively, transparently, and inclusively to prevent social disparity. Within the context of demonstrations, a utilitarian perspective interprets such public actions as indicators of social imbalance that should be addressed through policy reform rather than suppression of public expression. Overall, this study highlights the strategic significance of utilitarianism in reinforcing democratic legitimacy, legal morality, and the ultimate purpose of law—achieving happiness and public welfare for all citizens.
Demonstrations and the Response of Legislators Adhering to the School of Legal Positivism Rewiyaga; Griselda Vaustine; Nathasya; Jeremy Nathanael; Matthew Mikha Sebastian Matondang; Efryando Stefen Andreas Sinaga
Tarumanagara Law Review Vol. 7 No. II (2025): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v7iII.38949

Abstract

Indonesia as a constitutional state ( rechtsstaat ) regulates demonstrations through a hierarchical system of positive law norms. This study examines how legal positivism paradigm structures the legislative response to public demonstrations through formal-procedural frameworks. Using qualitative methods and a literature-based approach, this research analyzes how positivist legislators assess demonstrations based exclusively on compliance with formal procedures established in statutory law, particularly Law No. 9/1998 on Freedom of Expression in Public. The findings demonstrate that the positivist paradigm strictly separates legal validity from moral considerations—a demonstration's legality is determined solely by adherence to prescribed procedures, regardless of the substantive justice or urgency of its demands. Legal certainty is achieved through consistent application of formal rules derived from authoritative sources, not through moral evaluation. This study clarifies that in the positivist framework, demonstrations function as constitutionally protected aspirational mechanisms only when executed within procedural boundaries, with any deviation subject to sanctions irrespective of moral claims.
Protection of Coastal Areas and Small Islands in Indonesia: A Study of Constitutional Court Decision No. 35/PUU-XXI/2023 Darrel Benhanan Devano Sibarani; Azhar Zidan Permana; Wilson Wibowo; Eka Putra Adriansah
Tarumanagara Law Review Vol. 6 No. I (2024): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v6iI.38960

Abstract

Coastal areas and small islands are strategic zones with high ecological and economic potential, yet they are vulnerable to natural resource exploitation pressures, particularly mineral mining. This study aims to analyze the legal framework for the protection and utilization of coastal areas and small islands in Indonesia, and to examine the legal implications of mineral mining on small islands for environmental sustainability and the rights of local communities prior to Constitutional Court Decision No. 35/PUU-XXI/2023. The research method employed is normative juridical with statute, conceptual, and case approaches. The results show that the legal framework for coastal area and small island protection is firmly established in Law No. 27 of 2007 in conjunction with Law No. 1 of 2014 on Coastal and Small Island Management (PWP3K Law), which prohibits mineral mining in areas that could cause environmental damage. However, prior to Constitutional Court Decision No. 35/PUU-XXI/2023, there were normative conflicts between UU PWP3K and the Minerba Law, along with various mining permit violations that seriously impacted the environment and local communities' rights, as evidenced in the case of PT Gema Kreasi Perdana on Wawonii Island, Southeast Sulawesi. The Constitutional Court's decision reaffirms the prohibition of mining on small islands as an abnormally dangerous activity and strengthens constitutional protection for the environment and coastal communities.
Legislative Responses to Demonstrations: A Natural Law Perspective Aiska Rahima Az-Zahra; Dias Lutfiyansyah; Klaudine Shyne Hendriko; Livia Aurellia Naftalie; Marshella Putriana Sari; Michael Christhopher; Vryacaka Jauzaak Olivia
Tarumanagara Law Review Vol. 8 No. I (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iI.38962

Abstract

This research is motivated by the growing phenomenon of public demonstrations in Indonesia as a response to substantive injustice and the crisis of moral legitimacy in law. Demonstrations are viewed not only as political expressions but also as reflections of societal moral judgment against laws perceived to conflict with principles of natural justice. The study focuses on analyzing the relationship between moral justice and demonstrative behavior from a natural law perspective, as well as evaluating the responses of legislators grounded in natural law principles to public demands. This study employs a normative juridical method with statutory, conceptual, and case study approaches through the analysis of legal literature, works on natural law philosophy, relevant regulations, as well as legislative documents and media reports related to the cases of demonstrations against the 2019 KPK Law revision and the 2022 Criminal Code Bill (RKUHP). The research findings indicate that legislators oriented toward natural law tend to prioritize substantive justice over formal compliance with positive law and interpret demonstrations as a form of moral correction to state policies. This study provides a theoretical contribution to understanding the dialectical relationship between law and morality within Indonesia's democratic framework and underscores the significance of public morality as a foundation for legal legitimacy. It is concluded that just law must align with universal moral values and natural justice. For further research, it is recommended to integrate empirical approaches to strengthen the validity of findings and broaden the scope of socio-legal analysis.
Demonstrations and the Response of Legislators and Adherents of the School of Legal Realism Ismail Rangga Wahana Putra; Clara Agustine Pradinata; Matthew Alexander Nainggolan; Windy Roynita; Gabriel Arnoldy; Jeand Monic; Sitti Nabila Yusri Budiman
Tarumanagara Law Review Vol. 8 No. I (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iI.38963

Abstract

The phenomenon of demonstrations is an important part of social and political dynamics that reflects the reciprocal relationship between law, society, and power. In the context of a state based on the rule of law, demonstrations are not only a means of conveying public aspirations, but also an indicator of the extent to which law is capable of functioning effectively in fulfilling society’s sense of justice. This study aims to analyze demonstrations as an indicator of legal effectiveness from the perspective of the school of legal realism and to examine how legislators’ responses reflect the application of the principles of legal realism in legislative practice. The research method employed is a qualitative-descriptive approach through a literature review of the main theories of legal realism, particularly the views of Oliver Wendell Holmes Jr., Karl Llewellyn, and Jerome Frank, as well as an analysis of the phenomenon of demonstrations in Indonesia as relevant social data. The results of the study show that demonstrations can serve as a reflection of legal effectiveness because they indicate a gap between law in books and law in action. When society engages in demonstrations, this indicates that formal law is no longer aligned with the values of social justice prevailing within society. Furthermore, legislators’ responses to demonstrations serve as a measure of the extent to which legislative institutions understand law as a dynamic social phenomenon. In conclusion, from the perspective of legal realism, demonstrations function as a corrective mechanism against ineffective law and as a means of social control that strengthens the legitimacy of law through dialogue between the people and policymakers.
Demonstrations and the Responses of Legislators Adhering to Legal Positivism Angela Nataliza Chrysantia Dewi; Giovanni Sindo Wijaya; Britney Wilhelmina Berlian Mingga; Jeremy Exaudi Purba; Dwi Sukma Ramdhani; Gilang Septiawan Saputra; Clifford Deannova Saputra
Tarumanagara Law Review Vol. 8 No. I (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iI.38964

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.
Understanding Legislative Responses to Demonstrations through Legal Realism Natania Frederica; Ellen Chang; Sherlyana Indah Saputri; Salma Setiawati; Ririn Khairunisa; Diva Khairunnisa
Tarumanagara Law Review Vol. 8 No. I (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iI.38965

Abstract

Demonstrations, as a means of expressing public demands in democratic countries, inherently demand a proportionate legislative response. This study provides an in-depth conceptual analysis of how legislators adopting a legal realism perspective specifically address this phenomenon. In stark contrast to positivist thinking, which emphasizes strict adherence to legal texts, legal realism frames or views law as a reflection of the actual decisions made by officials and the social realities that influence them and their ways of acting. This study argues that legislators adhering to a legal realism paradigm do not view demonstrations merely as a disruption to public order or a mere formalistic exercise of the right to freedom of speech. Instead, they interpret them as valuable sociological data, a true reflection of living law, and a concrete manifestation of significant social pressure that cannot be ignored. For realist legislators, who view law as a pragmatic tool for achieving social goals, legislative responses to their demonstrations are often political and oriented toward social consequences. They engage in in-depth deliberation, analyzing the socio-political power dynamics underlying the demonstrations, carefully considering the implications of granting or rejecting the masses' demands, and anticipating how legislative decisions, whether amending laws, extending them, or enacting new regulations, will affect the balance of power, government legitimacy, and social stability. Consequently, every decision they make is based not only on formal legal considerations but also on realistic predictions of the policy's actual impact on people's lives. Thus, law is understood as a dynamic entity, constantly interacting with the social realities of society.

Page 3 of 6 | Total Record : 57

 1   2   3   4   5 

Filter by Year

2019 2026


Reset
Filter By Issues
All Issue Vol. 8 No. I (2026): Talrev-Untar Vol. 8 No. II (2026): Talrev-Untar Vol. 7 No. I (2025): Talrev-Untar Vol. 7 No. II (2025): Talrev-Untar Vol. 6 No. I (2024): Talrev-Untar Vol. 6 No. II (2024): Talrev-Untar Vol. 3 No. I (2021): Talrev-Untar Vol. 2 No. II (2020): Talrev-Untar Vol. 2 No. I (2020): Talrev-Untar Vol. 1 No. I (2019): Talrev-Untar Vol. 1 No. II (2019): Talrev-Untar More Issue