PENGGUNAAN WEWENANG KEPOLISIAN DALAM KEGIATAN UNJUK RASA: TINJAUAN YURIDIS BERDASARKAN HUKUM POSITIF INDONESIA

Freedom of expression in public is a human right guaranteed by the 1945 Constitution of the Republic of Indonesia, particularly in activities such as public demonstrations and protests. In its implementation, this right may sometimes come into conflict with public order, giving the police as law enforcement authorities the power to secure, regulate, and, when necessary, disperse demonstrations. This study aims to examine, from a legal perspective, the limitations and forms of police authority in handling demonstrations under Indonesian positive law, with reference to Law Number 9 of 1998 concerning Freedom of Expression in Public and Law Number 2 of 2002 concerning the Indonesian National Police. The research employs a normative legal research method, which focuses on examining legal norms applicable within Indonesia’s positive legal system. The results show that police authority in securing demonstrations must be exercised proportionally, based on the principle of prudence, while continuing to respect the human rights of demonstrators. Repressive actions that exceed the limits of authority may constitute violations of law and human rights. Therefore, strict supervision and adequate understanding among police officers regarding the limits of their authority are necessary to ensure that law enforcement during demonstrations is carried out fairly, orderly, and in accordance with the principles of a state based on the rule of law.