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International Journal of
Law
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VOL. 8, ISSUE 2 (2022)
Reconstruction of regulations for freedom of expressing opinions in public based on the principles of democracy and the values of justice
Authors
Sunardi, Gunarto, Sri Endah Wahyuningsih
Abstract
Expressing opinions in public is one of the human rights guaranteed in the constitution and laws and regulations in Indonesia. Various ways can be done to express opinions in public, including demonstrations, but in reality, in the implementation of expressing opinions in public, there are several problems, especially elements of upholding democratic principles and the value of justice. This study examines and analyzes 3 (three) main problems including (1) KMPDU Regulations as a Form of Implementation of Democratic Principles in Indonesia Currently Not yet Based on Justice Values; (2) Weaknesses of the KMPDU Regulation as the Implementation of the Principles of Democracy Not yet Based on the Current Value of Justice; (3) Reconstruction of KMPDU Regulations as a Form of Implementation of the Principles of Democracy Based on Justice Values. This research is qualitative research, with a socio-legal approach, descriptive analysis, using primary data and secondary data. The results of this study indicate that (1) the Regulation on Freedom of Expressing Opinions in Public as a Form of Implementation of Democratic Principles in Indonesia is currently not based on the Value of Justice, regarding the sound of the principle of balance from Article 3 of Law Number 9 of 1998 concerning Freedom of Expressing Opinions in Advance. The general public has not provided a balance between those who express opinions and those who receive submissions of opinions. (2) Weaknesses of the Regulation on Freedom of Expression of Opinions in Public as the Implementation of the Principles of Democracy Not yet Based on the Values ​​of Current Justice, is to give freedom to the party receiving the submission of an opinion to meet, allow and refuse to conduct deliberations with the party expressing the opinion, so that the five principles regulated in Article 3 of Law Number 9 of 1998 concerning Freedom to Express Opinions in Public, are not fulfilled and even ignored. (3) Reconstruction of the Regulation on Freedom to Express Opinions in Public as a Form of Implementation of the Principles of Democracy Based on the Value of Justice, is to reconstruct the values ​​and norms of Article 3 of Law Number 9 of 1998 concerning Freedom to Express Opinions in Public with the values ​​contained in Pancasila so that the principle of balance as regulated in Article 3 reflects the principle of balance originating from the values ​​of Pancasila.
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Pages:41-47
How to cite this article:
Sunardi, Gunarto, Sri Endah Wahyuningsih "Reconstruction of regulations for freedom of expressing opinions in public based on the principles of democracy and the values of justice". International Journal of Law, Vol 8, Issue 2, 2022, Pages 41-47
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