REPUBLIKA.CO.ID, JAKARTA --  The observer of criminal law from Trisakti University, Abdul Fickar Hadjar, argued that the arrest of Nurul Fahmi in the case of graffitied national flag was excessive. He said it was not educating.  "So I think the proceedings (of the graffitied flag case) with detention (to Nurul) is excessive. There is no element of education," said Fickar when contacted by Republika.co.id on Tuesday (January 24). 

Also read: Nurul Fahmi does not harass the national flag: Observer

Fickar continued, the community should respect the authority of the police as law enforcers. However, this authority should be used wisely. "We respect the authority of the police as law enforcers. But that authority should be implemented wisely. It should not be directly taken into the legal process," explained Fickar. 

Also read: Be careful in applying the national flag regulation: Yusril Ihza Mahendra

According to Fickar, criminal law is always established as the last process when an amicable settlement is not reached (ultimum remedium). The police have the authority to resolve the incident or problems in the community or conflicts peacefully in order to maintain order. 

"That must be maintained and be afraid for is that the legal process should not be the triggers of conflicts among the society. The law should be put as a solution which brought order and peace within a society," explained Fickar.

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