Daniel Ahmad Fajri, Jakarta – A constitutional law lecturer from Mulawarman University in Indonesia, Herdiansyah Hamzah, stated that the law does not prohibit Indonesian citizens from flying the pirate flag from One Piece. Citizens are allowed to fly the One Piece flag as long as it is not higher than the Indonesian flag.
This is regulated in Law Number 24 of 2009 concerning the Flag, Language, State Symbol, and National Anthem of Indonesia.
"The hoisting of the flag is not prohibited as long as it is not higher or larger than the Indonesian flag. In many cases, the position of the One Piece flag remains below the Indonesian flag," he said when contacted on Sunday, August 3, 2025.
He also stated that there is no legal provision, including court rulings, stating a prohibition on the One Piece flag. The symbol also does not represent another country or forbidden organization. "This is also not the hammer and sickle flag," he said.
According to Herdiansyah, the One Piece flag is a form of public criticism against the government. The government should not respond to this criticism with criminal threats.
"Criticism like this should be answered with dialogue, not a search for legal loopholes to suppress citizens," he said.
Furthermore, Herdiansyah stated that the constitutional approach strengthens this argument. Article 28E paragraph (3) of the 1945 Constitution guarantees freedom of assembly and expression of opinions, including symbolic expressions such as flag-raising.
"If the government instead hunts down those who raise the One Piece flag, it means the state is neglecting the constitutional mandate and tends to show an authoritarian face," he said.
Coordinating Minister for Politics and Security Budi Gunawan said that raising flags other than the Indonesian flag before the commemoration of Independence Day on August 17 contains criminal elements. He said that the act undermines the honor of the Indonesian flag.
Budi reminded that the raising of the Indonesian flag is regulated in Article 24 paragraph 1 of Law Number 24 of 2009 concerning the Flag, Language, State Symbol, and National Anthem. The law states that anyone is prohibited from raising the national flag beneath any other flag or symbol.
The government will take legal action against the raising of the One Piece flag. "This is our effort to protect the dignity and symbols of the state," he said in a written statement on Friday, August 1, 2025.
The Banten Regional Police also threatened to take firm action against citizens who intentionally raise the One Piece pirate flag during the commemoration of the 80th Indonesian Independence Day.
"If someone is proven to have violated the law and did not raise the Indonesian flag, we will certainly take firm action," said Banten Regional Police Deputy Chief Brigadier General Hengki in Tangerang on Saturday, August 2, 2025.