Then, how does the law view the raising of the flagOne Piece? Let's dissect it from a juridical point of view.

Guarantee of Freedom of Expression in the 1945 Constitution

Article 28E Paragraph (3) of the 1945 Constitution guarantees the right of everyone to freely associate, assemble and express opinions. This includes freedom of expression, including through pop culture symbols such as flagsOne Piece.

Rules for Raising Flags in Law No. 24 of 2009

Specific regulations regarding the state flag are further regulated in Law No. 24 of 2009. The main key is in Article 21 Paragraph (2), which essentially states that the state flag must be installed higher than the flag or banner of the organization. This means that, legally, raising the flagOne Pieceis legal anddoes not violate the law as long as its position is not higher than the Sang Saka Merah Putih.

What Flags Are Prohibited from Flying in Indonesia?

There is no clear legal basis for taking action against flag raisersOne Piece. This flag is not a symbol of a banned organization. As for several flags that are explicitly prohibited by law in Indonesia, including:
  • Flags of the Free Aceh Movement (GAM) and the Republic of South Maluku (RMS), which are prohibited under Law No. 24 of 2009 and Article 107 of the Criminal Code concerning treason.
  • Flag of the Indonesian Communist Party (PKI), which is prohibited through TAP MPRS No. XXV/MPRS/1966.
  • Flags of banned organizations such as Hizbut Tahrir Indonesia (HTI) and ISIS, based on the Ormas Law.
  • Flag of the State of Israel, which is prohibited from being flown officially based on Permenlu No. 3 of 2019.
Flags from fictional works such asOne Pieceare not included in this category.