REPUBLIKA.CO.ID, JAKARTA -- An observer on criminal law from Trisakti University, Abdul Fickar Hadjar, asked the police to ascertain whether there was an element of insult did by Nurul Fahmi (NF) in the case of graffitied national flag before the arrest. He reminded that the ban mentioned in the Act No. 24 of 2009 on the Flag, Language, and National Symbol is for harassing, demeaning, or insulting the national flag. "Is it right that what did by NF was harassing, demeaning, or insulting the national flag? In fact, NF carried and waved the flag with pride instead of trampling," said Fickar when contacted by Republika.co.id on Tuesday (January 24). 

According to Fickar, the conviction and detain to NF by the police was improper. He considered that there was no intention of NF to harass the flag. "I do not see NF would harass (the flag), he even proudly waved it. In my opinion, even if it was true that  NF brought a flag as said by the Constitution, there was no abusive elements, there was no crime, and it should not be a suspect and be detained," explained Fickar. 

Fickar added, prior to the arrest, the police should make sure whether what NF brought is a national flag. Based on Article 4 of Law No. 24 of 2009 on the Flag, Language, and National Symbol, the so-called flag is red and white fabric with the width and length has a ratio of 2: 3 and is made of a material that does not easily faded. 

 As an example, the flag size for the Presidential Palace was 200x300 centimeters, for the public square was 120x180 centimeters, for rooms was 100x150 centimeters, for Presidential car was 36x54 centimeters, for public transport was 20x30 centimeters, and so forth. "Did the flag brought by NF was included into the criteria of a flag? Because not all of the red and white cloth could be called as a flag," said Fickar.

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