The Role of Law in Handling Demonstrations and Destruction of Public Facilities: A Review of Provisions in The KUHP and Enforcement Practices

Abstract

The phenomenon of demonstrations that culminate in anarchic acts and the destruction of public facilities creates a dilemma between upholding order and protecting freedom of expression as a constitutional right of citizens. This article seeks to examine in depth the legal provisions regarding demonstrations and the destruction of public facilities as stipulated in the Criminal Code (KUHP) and analyzes the practice of law enforcement from the perspective of justice and legal certainty. The research method used is normative juridical, with a conceptual and legislative approach through a review of positive legal norms, legal principles, and expert doctrines. This approach is used to find the integration between norms and practices in law enforcement against demonstrations that culminate in anarchy. The results of the study indicate that although normatively the Criminal Code has adequately regulated through articles regarding violence against people or property, the practice of law enforcement still faces problems in applying the principles of proportionality and protection of human rights. Substantively, the law has not fully functioned as a means of social reform because it is often applied rigidly without considering the social and political context behind the demonstrations. Therefore, a progressive legal approach is needed as proposed by Satjipto Rahardjo, which positions law not only as an instrument of order, but also as a tool of justice that is oriented towards benefit and humanity.