POLITIK HUKUM PELARANGAN DEMONSTRASI MAHASISWA MELALUI SURAT EDARAN KEMENDIKBUD NO. 1035/E/KM/2020 DI MASA PANDEMI

Abstract

In a democratic country, demonstrations in the context of democracy are closely related. The Law No. 11 of 2020 which considered detrimental to society and invited demonstrations by workers and students against this law. As the impact of the demonstration, a Circular Letter of Ministry of Education and Culture Number 1035/E/KM/2020 urged students not to participate in activities to convey aspirations, such as demonstrations because the pandemic in Indonesia has not subsided yet. The purpose of this study is to see how the legal power of circulars in government practice and the legal politics of prohibiting student demonstrations through the Circular Letter of Ministry of Education and Culture Number 1035/E/KM/2020 during the pandemic. This research is included in the typology of normative legal research, which is a research based on legal materials, both primary and secondary legal materials. The data obtained were analyzed descriptively-qualitatively by referring to theories, concepts, and laws and regulations. The debate over policy regulations has shown that its job is to clarify existing regulations and regulate the details in them. In the case of the recent demonstrations, the existence of a circular from the Ministry of Education and Culture is considered as a limitation and arbitrariness until it is widely discussed by the public. In other aspects, it must still be seen at the pandemic conditions that are still happening in Indonesia. These two things then become two interesting ideas and contradict each other.