{"id":2304,"date":"2025-08-04T09:14:25","date_gmt":"2025-08-04T02:14:25","guid":{"rendered":"https:\/\/unnes.ac.id\/sdgs\/?p=2304"},"modified":"2025-08-28T14:10:38","modified_gmt":"2025-08-28T07:10:38","slug":"legal-perspective-on-flying-the-one-piece-flag-during-indonesias-independence-day-celebration-according-to-a-unnes-lecturer","status":"publish","type":"post","link":"https:\/\/unnes.ac.id\/sdgs\/legal-perspective-on-flying-the-one-piece-flag-during-indonesias-independence-day-celebration-according-to-a-unnes-lecturer\/","title":{"rendered":"Legal Perspective on Flying the One Piece Flag During Indonesia\u2019s Independence Day Celebration, According to a UNNES Lecturer"},"content":{"rendered":"\n<p>SEMARANG \u2013 Semarang State University (Unnes) law expert Ali Masyhar Mursyid highlighted the phenomenon of flying the straw hat pirate flag from the anime One Piece, which began to flourish on the 80th anniversary of the Republic of Indonesia.<\/p>\n\n\n\n<p><br>The image of a skull wearing a straw hat, an iconic symbol of fictional pirates in the One Piece series, was seen decorating several corners of villages, mural walls, and even flying as a flag on poles.<br>This then sparked curiosity and public debate.<\/p>\n\n\n\n<p><br>Some people consider it a harmless expression of pop culture, but others view the flying of non-state symbols during a sacred moment such as August as a form of disrespect towards the state symbol.<br>Ali Masyhar Mursyid emphasized that the flying of fictional flags or non-state symbols such as pirate flags from anime must be viewed from three main aspects.<\/p>\n\n\n\n<p><br>The context of time, the intent of the perpetrator, and the intensity of the event.<br>\u201cIf it is done outside of the independence moment and is not massive, I think it&#8217;s okay.\u201d<br>\u201cBut if it happens in August, when the community is enthusiastic about flying the Red and White flag, and another symbol appears, this can be considered demeaning,\u201d he explained to Tribunjateng.com, Sunday (3\/8\/2025).<\/p>\n\n\n\n<p>Ali referred to Law No. 24 of 2009 on the National Flag, Language, and Anthem.<br>Article 24 (a) explicitly states that no one may commit acts intended to defile, insult, or degrade the honor of the national flag.<\/p>\n\n\n\n<p>From a criminal law perspective, the most critical factor is the mens rea \u2014 the intent or internal attitude of the person.<\/p>\n\n\n\n<p>\u201cIf the purpose is to rival, weaken, or diminish the authority of the national symbol, that could be legally problematic,\u201d<br>\u201cIt could even fall under Article 66 of Law No. 24 of 2009, with criminal penalties,\u201d he added.<\/p>\n\n\n\n<p>Mural vs Flag<\/p>\n\n\n\n<p>Ali also clarified the important difference between a mural (wall art) and a flag.<\/p>\n\n\n\n<p>According to him, murals featuring anime characters or pirate symbols are still considered part of artistic expression, which enjoys broader freedom and doesn&#8217;t directly compete with the official national symbols.<\/p>\n\n\n\n<p>\u201cA mural is not the same as a flag.\u201d<br>\u201cMural is a more open form of artistic expression.&#8221;<br>\u201cAs long as it\u2019s not meant to mock or destroy, it\u2019s generally acceptable,\u201d he said.<\/p>\n\n\n\n<p>However, when a symbol like the Jolly Roger is printed in flag format, raised on a pole \u2014 especially if it&#8217;s placed near or in place of the Red and White \u2014 it begins to enter the realm of legal and national ethics.<\/p>\n\n\n\n<p>\u201cThe issue isn\u2019t with the character, but the form and timing of the display.\u201d<br>\u201cThe Red and White is the only official symbol of the nation.&#8221;<br>\u201cRaising another flag during a time like Independence Day can be seen as creating a rival symbol,\u201d he emphasized.<\/p>\n\n\n\n<p>Misguided Social Critique?<\/p>\n\n\n\n<p>Some netizens have claimed that raising the One Piece flag is a form of social critique \u2014 a statement that the Red and White is \u201ctoo sacred\u201d to be flown amid social inequality and governmental policies that are seen as distancing from the people.<\/p>\n\n\n\n<p>Ali doesn\u2019t dismiss the importance of critique, but says the method must be appropriate.<\/p>\n\n\n\n<p>\u201cCriticism is allowed \u2014 even essential \u2014 in a democracy.&#8221;<br>\u201cBut the national symbol is a unifier; it should not become the target of mockery or satire.&#8221;<br>\u201cThe government can be criticized, but the nation is bigger than its officials,\u201d he emphasized.<\/p>\n\n\n\n<p>Some netizens have claimed that raising the One Piece flag is a form of social critique \u2014 a statement that the Red and White is \u201ctoo sacred\u201d to be flown amid social inequality and governmental policies that are seen as distancing from the people.<\/p>\n\n\n\n<p>Ali doesn\u2019t dismiss the importance of critique, but says the method must be appropriate.<\/p>\n\n\n\n<p>\u201cCriticism is allowed \u2014 even essential \u2014 in a democracy.&#8221;<br>\u201cBut the national symbol is a unifier; it should not become the target of mockery or satire.&#8221;<br>\u201cThe government can be criticized, but the nation is bigger than its officials,\u201d he emphasized.<\/p>\n\n\n\n<p>Even though there is potential for legal violations, Ali advised that law enforcement should not act repressively at first.<br>Government and authorities should prioritize education and persuasion.<\/p>\n\n\n\n<p>\u201cWe should first educate people that such actions could be seen as degrading the national flag.&#8221;<br>\u201cIf after being informed they still do it in a widespread manner, then legal steps may be necessary,\u201d he said.<\/p>\n\n\n\n<p>Ali also suggested that local governments and security forces begin drafting guidelines or circular letters to regulate the display of symbols in public spaces ahead of national celebrations.<\/p>\n\n\n\n<p>The Limits of Expression and the Dignity of the Nation<\/p>\n\n\n\n<p>Ultimately, the One Piece flag phenomenon opens the door for public discussion.<br>Legally, the line is clear: The Red and White cannot be rivaled, especially during the sacred atmosphere of independence celebrations.<\/p>\n\n\n\n<p>The national flag is not just a piece of red and white cloth.<br>It represents history, struggle, and shared identity \u2014 a symbol that cannot be replaced by fictional characters, no matter how beloved they are by younger generations.<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>SEMARANG \u2013 Semarang State University (Unnes) law expert Ali Masyhar Mursyid highlighted the phenomenon of flying the straw hat pirate flag from the anime One Piece, which began to flourish on the 80th anniversary of the Republic of Indonesia. The image of a skull wearing a straw hat, an iconic symbol of fictional pirates in [&hellip;]<\/p>\n","protected":false},"author":85,"featured_media":2308,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[153,60],"tags":[191],"class_list":["post-2304","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","category-sdgs-goals","tag-unnessdgs4"],"_links":{"self":[{"href":"https:\/\/unnes.ac.id\/sdgs\/wp-json\/wp\/v2\/posts\/2304","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/unnes.ac.id\/sdgs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/unnes.ac.id\/sdgs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/unnes.ac.id\/sdgs\/wp-json\/wp\/v2\/users\/85"}],"replies":[{"embeddable":true,"href":"https:\/\/unnes.ac.id\/sdgs\/wp-json\/wp\/v2\/comments?post=2304"}],"version-history":[{"count":5,"href":"https:\/\/unnes.ac.id\/sdgs\/wp-json\/wp\/v2\/posts\/2304\/revisions"}],"predecessor-version":[{"id":2368,"href":"https:\/\/unnes.ac.id\/sdgs\/wp-json\/wp\/v2\/posts\/2304\/revisions\/2368"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/unnes.ac.id\/sdgs\/wp-json\/wp\/v2\/media\/2308"}],"wp:attachment":[{"href":"https:\/\/unnes.ac.id\/sdgs\/wp-json\/wp\/v2\/media?parent=2304"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/unnes.ac.id\/sdgs\/wp-json\/wp\/v2\/categories?post=2304"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/unnes.ac.id\/sdgs\/wp-json\/wp\/v2\/tags?post=2304"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}