August 9, 2025 | 08:57 am
TEMPO.CO, Jakarta - The raising of the One Piece flag from the Japanese anime series took place ahead of the 80th anniversary of Indonesian Independence Day on August 17, 2025. Many citizens in different regions shared images on social media showing the skull-and-crossbones flag displayed on their homes and vehicles.
Known as the Jolly Roger, the flag was hoisted by some members of the public as a sign of dissatisfaction with the government’s performance and as an act of protest against social and political conditions they see as stagnant.
Coordinating Minister for Political, Legal, and Security Affairs Budi Gunawan said certain groups had provoked the public into lowering the dignity of the Red and White flag as a national symbol by replacing it with fictional emblems.
The former head of the National Intelligence Agency (BIN) stressed that defiling the honor of the Red and White flag carries criminal penalties under Law No. 24 of 2009 on the National Flag, Language, State Emblem, and National Anthem.
“The government will take firm and measured legal action if there are deliberate acts of provocation that undermine the dignity of national symbols,” Budi said in a written statement on Friday, August 1, 2025.
Legal Experts: Raising One Piece Flag Does Not Break the Law
Muhammad Fatahillah Akbar, a criminal law lecturer at Gadjah Mada University (UGM), said hoisting the Jolly Roger is a form of freedom of expression, comparable to raising party flags, football club flags, or music group banners.
While Law No. 24 of 2009 prohibits damaging the Red and White flag, it does not ban the use of other flags. “Hoisting the One Piece flag cannot be prosecuted,” Muhammad said in a text message on Sunday, August 3, 2025, adding that criminalizing such acts would violate constitutional protections for free expression.
Orin Gusta Andini, a criminal law lecturer at Mulawarman University, expressed a similar view, calling prosecution for raising the One Piece flag excessive.
“If it is hoisted without malicious intent to insult or degrade, I don’t think it can be subject to criminal prosecution,” Orin said on Sunday, August 3.
She explained that the act reflects freedom of expression and should not lead to charges, unless the flag is used to replace the national flag during ceremonies, which is prohibited.
Chairul Huda, a criminal law expert from Muhammadiyah University of Jakarta, also said hoisting the One Piece flag is part of citizens’ freedom of expression.
“It is a form of public sentiment, whether online or in public spaces,” Chairul said on Monday, August 4, 2025. He added that there is no issue as long as the flag is not placed higher than the Red and White flag.
What the Law Says About the National Flag
The use of the national flag is regulated under Law No. 24 of 2009, which provides detailed guidelines on proper handling, hoisting, and restrictions.
Article 7(1) states that the Red and White flag must be flown between sunrise and sunset, although it may be displayed at night under certain conditions. Article 7(3) mandates that all citizens hoist the national flag on August 17 in residential areas, educational institutions, offices, and public and private transportation. Local governments are required to provide flags for citizens who cannot afford them.
Article 21 of the same law outlines positioning rules:
The national flag must be placed to the right when displayed alongside other flags.
If flown with an organization’s pennant, it must be positioned higher.
It cannot be displayed alongside another organization’s pennant.
In processions, it must be carried at the front.
Articles 24 and related provisions in the latest Criminal Code list prohibited acts, including:
Disrespecting or damaging the flag, punishable by up to three years in prison or a Rp300 million fine.
Using it for commercial advertising, which carries a fine of up to Rp10 million.
Printing or sewing it on clothing, accessories, or equipment, also punishable by a Rp10 million fine.
Adding symbols or text to the flag, or using one that is torn, faded, or damaged.
Using it as a cover, wrapping, ceiling decoration, or allowing it to touch the ground or water.
Dian Rahma Fika, Intan Setiawanty, Novali Panji Nugroho, Amelia Rahima Sari, Dinda Shabrina, and Septo Yunus contributed to the writing of this article.
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