Demonstration Action: Between Human Rights and Human Obligations
The wave of demonstrations that erupted in Indonesia throughout late August 2025 became a hot topic in Indonesia's journey as a nation now 80 years old.
The demonstrations, which began with an increase in allowances for members of the House of Representatives (DPR-RI), coupled with responses from members' behavior and statements on social media and in front of media crews deemed unempathetic, sparked large-scale demonstrations in various regions.
This culminated in the death of an online motorcycle taxi driver named Affan Kurniawan after being run over by a tactical vehicle belonging to the Mobile Brigade (Brimob) of the Jakarta Metropolitan Police during a demonstration near the DPR/MPR RI Building in Jakarta on August 28, 2025. This incident sparked larger demonstrations across Indonesia, some of which even ended in violence.
The unrest went beyond stone-throwing between police and demonstrators, as has been the case in several demonstrations in Indonesia, to the burning of public facilities such as bus stops, police posts, even the DPRD building and historic buildings in several areas. Even worse, the homes of several members of the House of Representatives (DPR) and ministers were vandalized and looted.
This case raises an interesting question: How does the law view the recent demonstrations?
Demonstrations from a Legal Perspective
In fact, demonstrations are one of the constitutional rights of citizens guaranteed by the 1945 Constitution of the Republic of Indonesia. Article 28 guarantees the freedom of association and assembly, and the right to express opinions verbally and in writing.
Even in Chapter XA on Human Rights, Article 28E paragraph (3) states that everyone has the right to freedom of association, assembly, and expression.
Furthermore, at the legal level, freedom of expression in public is regulated in more detail in Law Number 9 of 1998 concerning Freedom of Expression in Public. Article 18 even states that criminal sanctions for those who obstruct citizens' rights to express opinions in public who comply with the provisions of the law are punishable by a maximum of one year in prison.
However, exercising these rights does not mean they can be exercised arbitrarily. Human rights are not only about rights but also about obligations. Understanding the obligation to respect the rights of others will prevent someone from acting arbitrarily and harming others.
Article 28J paragraph (1) of the 1945 Constitution of the Republic of Indonesia expressly states that "Everyone is obliged to respect the human rights of others in the orderly life of society, nation, and state."
The next paragraph states that "In order to protect the human rights of others, the state establishes a number of restrictions established by law for the sole purpose of guaranteeing recognition and respect for the rights and freedoms of others and of fulfilling just demands in accordance with considerations of morality, religious values, security, and public order in a democratic society."
Therefore, the implementation of these rights has inherent limitations that ensure that no one's rights violate or harm the rights of others, and to maintain order and harmony in society. One example, when linked to the right to express opinions in public, is the existence of restrictions on unlawful acts such as vandalism, especially arson, looting, and so on. These restrictions are solely in place to ensure that users of these public facilities can still enjoy their right to use them, ensuring that no one is harmed by demonstrations.
Reflecting on this explanation, it is clear that expressing opinions in public, such as through demonstrations, is a constitutional right of citizens. Furthermore, freedom of expression is an indicator of a democratic state.
The expression of public aspirations demonstrates public participation in monitoring the performance and behavior of public officials. Furthermore, these demonstrations can be considered a manifestation of public disappointment with the performance of the government and the House of Representatives (DPR).
However, the expression of aspirations should be carried out in an orderly manner and without anarchic actions that could lead to the destruction and arson of public facilities, which would harm others. The public also has the right to feel safe, secure, and protected from the threat of fear, which are also human rights.
The police are also expected to prioritize a more humane approach when overseeing demonstrations, using persuasive, measured, and professional measures. Violence and arrogance must be avoided.
INEWS