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VOL. 11, ISSUE 12 (2025)
Deconstruction of legal norms regarding the National Police draft from a utilitarian perspective
Authors
I Nyoman Agus Saputra Risky
Abstract
Draft Law on the National Police of Republic
of Indonesia creates new issues relating to excesive authorities of Indonesian
Police to conduct interception and law supervision also extensive law
enforcement in public cyberspace. In order to analyse Draft Law on Indonesian
Police, the utilitarianism theory may be applied, which focuses on the greatest
happiness for the greatest number through hedonistic calculus measurement. This
research provides legal analysis from the perspevtives of legal norms and legal
utilities based on hedonistic calculus. This research is conducted by utilising
normative law method with statutory and conseptual approaches, actualised
through bibliographic method. Article number 14 first paragraph letter O
creates an interception issue due to the absence of explicit interception
mechanism, and article number 16 first paragraph letter Q potentially restricts
public participation, specifically in context of public critics and opinions
through cyberspace. Applying the hedonistic calculus to the Draft Law on
Indonesian Police produces excessive pleasure for the government and Indonesian
Police, while causing disproportionate pain on public side. The enactment of
Draft Law on Indonesian Police will create advanced law issues as the article
number 14 first paragraph letter O and article number 16 first paragraph letter
Q potentially provides room for abuse of power by Indonesian Police and this
Draft Law can be used as a political tool by the government to silence public
critics and opinions in cyberspace. Hence, it needs advanced legal analysis of
Indonesian Police authorities and also the requirement of strict supervision.
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Pages:83-87
How to cite this article:
I Nyoman Agus Saputra Risky "Deconstruction of legal norms regarding the National Police draft from a utilitarian perspective". International Journal of Law, Vol 11, Issue 12, 2025, Pages 83-87
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