Law Expert at Semarang State University (Unnes), Ali Masyhar Mursyid highlighted the phenomenon of raising the straw hat pirate flag from the One Piece anime which began to flourish on the 80th Anniversary of the Republic of Indonesia. The image of a skull with a straw hat, an iconic symbol of fictional pirates in the One Piece series, can be seen decorating several corners of the village, mural walls, and fluttering in the form of flags on poles.
This then arouses curiosity as well as sparks public debate. Some people consider it just a harmless pop culture expression, but others consider the raising of non-state symbols at sacred moments such as August as a form of harassment of the state symbol.
Ali Masyhar Mursyid emphasized that the raising of fictional flags or non-state symbols such as pirate flags from this anime must be seen from three main aspects. The context of the time, the intention of the perpetrator, and the intensity of the event.
“If it is done outside the momentum of independence and not massive, I don’t think it will matter. But if it happens in August, when the community is enthusiastic about raising the Red and White, another symbol appears, this can be considered degrading,” he explained to Tribunjateng.com, Sunday
Ali referred to Law Number 24 of 2009 concerning the Flag, Language, and National Anthem. In Article 24 letter a it is emphasized that everyone is prohibited from committing other acts with the intention of defaming, insulting, or degrading the honor of the state flag.
From the perspective of criminal law, the most decisive thing is mens rea—the intention or inner attitude of the perpetrator. “If the intention is to juxtapose, weaken, or rival the state symbol, it can be a violation of the law. They can even be charged with Article 66 of Law Number 24 of 2009, with criminal threats,” he explained.
Between Murals and Flags
An important distinction is also emphasized between murals (wall paintings) and flags. According to Ali, murals featuring anime characters or pirate symbols can still be considered part of artistic expression, which have a wider range of motion and do not directly compete with the official symbols of the state.
“Murals are not the same as flags. If it is a mural, it is a freer expression of art. As long as there is no intention to damage or make fun of it, it’s legal,” he said.
However, when symbols such as Jolly Roger are printed in flag format, raised on poles, especially if they are near or replace the Red and White flag, the event begins to touch the territory of state law and ethics.
“The problem is not in the figure, but in the form and time of the broadcast. The Red and White Flag is the only official symbol of the country. So, installing another flag at the momentum such as the 17s can be considered a counter,” he said.
Compare: Morning Star and Polarizing Potential
Ali also mentioned the case of raising the Morning Star flag, a symbol of resistance in Papua. It is an example of how non-state symbols can trigger legal action when raised in a context that threatens the integrity of the Republic of Indonesia.
“In the case of the Morning Star, the authorities moved because it was seen as a symbol of separatism. Although the motives are different, but legally, the lessons from it can be applied in the context of other symbols. Does the flag that is raised have an ideological content or is it just entertainment?” he said.
Ali emphasized that although the One Piece flag does not necessarily have an ideological content, if it is used to satirize the state, weaken the legitimacy of official symbols, or symbolically replace the position of Red and White, it needs to be taken seriously.
“The only difference is the purpose and impact. We must carefully open up the space of tolerance for something that can trigger new polarization,” he added.
Erroneous Social Criticism?
Some netizens said that the raising of the One Piece flag was a form of social criticism that the Red and White was considered too sacred to be raised in the midst of social inequality and state policies that were considered far away from the people.
Ali did not completely reject the importance of criticism, but assessed the way it needed to be arranged.
“Criticism is allowed, even important in democracy. But the symbol of the country is unifying, it should not be used as a target of sarcasm or jokes. The government can be criticized, but the state is a bigger entity than the officials,” he said.
Despite the potential for violations, Ali appealed for the handling of the law not to be directly repressive. The government and the apparatus should first take a persuasive and educational approach.
“Socialize that the action can be categorized as demeaning the state flag. If after being given an understanding, it will still be carried out massively, then repressive legal steps can be considered,” he said.
Ali also suggested that local governments and security forces start drafting guidelines or circulars to regulate the installation of symbols in public spaces ahead of the state celebration.
Limits of Expression and Dignity of the State
The phenomenon of the One Piece flag finally opened up a public discussion space. Legally, the boundary is quite clear, the Red and White should not be doubled, let alone contested, especially in the atmosphere of sacred independence commemoration. The symbol of the country is not just a red and white cloth. It is a representation of history, struggle, and common identity that cannot be replaced by fictional figures, no matter how sympathetic in the eyes of the younger generation.
“The state must remain present to protect expression, but also affirm its limits. Because without limits, expressions can turn into violations,” concluded Ali. (*)
Source: https://jateng.tribunnews.com/
