Persoalan dan Konstruksi Norma Pengaturan Pembatasan Kebebasan Berkumpul di Indonesia

Abstract

This article examines some legal-normative and doctrinal issues on several piece of legislation regulating freedom of peaceful assembly. Analysis starts from the prior notification procedure for public assembly. The procedure is ambivalent and prone to discrimination. This essay also highlights some absence of norms on peaceful assembly. These legal-normative flaws will significantly affect citizens in general, minority and vulnerable groups in particular. Regarding the limitation on peaceful assembly, this research argues the government to be more concern with public safety than public security. The latter has more citizen’s rights nuances than the former. Keywords: freedom of peaceful assembly, prior notification procedure, limitation of freedom, proportionality, human rights protection.