National Identity - A Flag, A Language, An Emblem, and An Anthem

Overview

Indonesia has a long history of searching for and defining its national identity. Some might argue that Indonesia is nothing more than the renaming of an arbitrary set of colonial borders devised under Dutch colonial rule that saw Indonesia rise out of the Dutch East Indies. However, this would not only be an over-simplification of the issue, but incorrect to, and for, most Indonesians. The reality is one that has seen the indigenous populations of the Dutch East Indies engaged in a drawn out battle over identity and independence.

The Indonesian nation celebrates and commemorates these significant points as national holidays each year. A prime example of a significant point in this struggle is the Youth Pledge of 1928 which highlights the desire of the indigenous populations of the Dutch East Indies to unite as one; as one nation, one people, and one language. As every individual who has fought for Indonesian independence will tell you; much has been sacrificed to gain not only independence from a colonial master, but also to unify the nation in its diversity and to harness the ideals of the youths of 1928 and the concept of one nation, one people, and one language.

It is within this backdrop that the importance of flag, language, emblem, and anthem have been regulated and it is within this context that one must seek to understand the importance of regulating these matters.

For a brief overview of the bill see ILB No. 1153 29/7/2009.

History

Law No. 24 of 2009 on the Flag, the Language, the National Emblem, and the National Anthem was always destined to be. The fact that it has taken some 60 years to get to the enactment stage does not do justice to the esteem that Indonesians of all walks of life hold these matters dear. Nevertheless, perhaps this is genuinely a case of better late than never. The House of Representatives (DPR) finally passed this piece of legislation on 9 July 2009. The red and white flag of Indonesia, the Indonesian language, the national emblem of the Garuda, and Indonesia Raya, are all now seemingly regulated and protected from misuse and abuse. Simply, and in spite of being in existence officially since 1945, these matters are no regulated. So, perhaps this is a case of better late than never. 

Constitution and Legislation

It is worth noting that the 1945 Constitution of the Republic of Indonesia always envisaged that the flag, the language, the emblem, and the anthem would be regulated under law. The Constitution makes provisions for this to happen. However, perhaps only legislators can explain why it has taken more than 60 years to get the bill before the DPR and get it passed. The regulatory framework for each of these matters was a series of Government Regulations. Some of these regulations include, among others, Government Regulation No. 66 of 1951 on the National Emblem, Government Regulation No. 40 of 1958 on the National Flag, and Government Regulation No. 44 of 1958 on the National Anthem (Indonesia Raya).

There has been a considerable amount of legislation in Indonesia over the years that have dealt with each of the issues covered in this law. However, none of it has been comprehensive by any stretch of the imagination. For example, the Indonesian Criminal Code deals with these matters, albeit not comprehensively. Nevertheless, the purpose of this bill is to ensure that all matters pertaining to the regulation of these matters are centralized into a single primary law and any subordinate legislation that may be required to give force to the provisions of the primary law.

The Bill

The bill was passed in a plenary session of the DPR. The bill itself runs to 74 articles, 9 chapters, and 50 pages inclusive of the Elucidations. The law sets out what protections are to be afforded to each of the substantive subject areas covered and the sanctions for any breaches of these protections.

The bill enacts provisions that other pending bills also seek to regulate. Most obvious among these is the “on again, off again” Bill on Language. Nevertheless, the Language Bill is very specific and intends only to address matters relating to the use and abuse of Indonesian. That bill is being drafted and promoted by the Language Center of the Department of Education. A full discussion of the issues relating to the Language Bill can be found in ILD No. 54 22/12/2006. 

The National Identity – Unity in Diversity through Legislation

One of the over-riding themes of the bill is that Indonesia is a nation of incredible diversity, but and in spite of that diversity there is a sense of pride in the unity of Indonesia. The source of this pride according to the legislation is those things that make Indonesia what it is today. The red and white, Bahasa Indonesia, the Garuda, and Indonesia Raya are those sources of pride. It is therefore critical that these identifying symbols of nationhood are protected from not only misuse and abuse but also protected from the cheapening of commercialization.

It is the unity that these symbols project that is most important. These are symbols that Indonesians can rally around no matter where they might be living in the world.

Indonesian as an International Language

One of the more interesting aspects of the bill is that it intends to facilitate the process of making Indonesian an international language. This is interesting because it is generally accepted by Indonesians themselves that there are two types of Indonesian in use at anyone time, namely: proper and correct Indonesian used in formal surroundings, and the daily everyday form of the language that is used at all other times. Nevertheless, the idea that Indonesian deserves to be an international language will gain ground over time and may one day become a reality. However, it seems a little premature to think that Indonesian will achieve this status in the short term.

Yet, as was noted in the ILD on Language (see ILD No. 54 22/12/2006), there is a movement within Indonesia to ensure that all expatriates who arrive in Indonesia to work have a basic understanding and literacy in Indonesian. The idea is that this would be an Indonesian equivalent of a TOEFL score for non-native speakers of English.

The Flag

The bill does not include any provisions that are, or were, unexpected with respect to the flag. The red and white of the Indonesian flag has a long history and has seen much blood spilled in the struggle for Independence and the defense of the young Indonesian nation.

Some of the provisions relate to very technical matters. For example, the size of the flag and the manner in which the flag is to be flown during certain events. The bill also includes provisions that strictly prohibit the abuse of the flag. There are, for example, provisions prohibiting the burning of the Indonesian flag.

The Emblem

The bill is explicit in setting out sanctions that are to be imposed for breaching the provisions. However, the bill does not seem to be as cut and dried as it may need to be if effective enforcement is the goal. This is particularly obvious with regards to the use and exploitation of the national emblem. For example, the recent general and presidential elections have highlighted that political parties rely heavily on boosting their nationalistic credentials by returning to those things that are uniquely Indonesian, at least to Indonesians, such as the red and white and the Garuda.

There were a number of political parties that modified and colored-up the Garuda and then adopted it as their party symbol. For example, Prabowo and his political party vehicle, Gerindra, have more recently adopted a modified version of the Garuda as its symbol. The Patriot Party also used a very colorful and modified version of the Garuda as its symbol back in 2004 and drew no vocal criticism for its choice. 

The Elucidations are silent and the relevant articles do not provide any additional guidance as to how these sorts of uses are to be dealt with. However, it is expected that this will be permitted as fair use of the Garuda. However, it is worth noting that the national emblem is of a very specific design and any misuse or abuse through commercialization of that particular design is likely to be viewed unfavorably.

The Anthem

A nation often reflects its identity in the anthem that it chooses for itself. And, for many the anthem is sacred. The sacred nature of the Indonesian Anthem, Indonesia Raya, is reflected in the provisions that regulate its use and the specific provisions that reject all forms of commercialization of it.

The prohibitions also seemingly prevent any manipulation of the wording or intentional re-jigging of the melody. This became an instant storm in a teacup during the recent presidential election when one of Indonesia’s more recognizable singers re-jigged the national anthem to a slightly different tune for a campaign event for the incumbent president, Susilo Bambang Yudhoyono.

However, the issue seems to have disappeared as quickly as it appeared. Nevertheless, it is expected that these provisions are likely to be tested over coming years and perhaps as Indonesians seek to test the boundaries of free speech and freedom of expression.

Sanctions

The breaches of the provisions contained in the bill will result in sanctions being imposed. The severity of the sanctions depends on the severity of the breach. Nevertheless, the applicable sanctions are fines and terms of imprisonment.

The sanction provisions are contained in Chapter VII and comprise just six articles.

For example, the sanctions for burning the flag are more severe than those for using the flag for unacceptable commercial purposes.

An interesting issue that is not dealt with in the bill or the elucidations is how breaches of these provisions are to be dealt with when they are committed by Indonesians overseas. It is not uncommon, for example, for Indonesians to burn the flags of other nations in front of those nations Embassies or at street demonstrations and protests. It is also not uncommon for others to do the same in their countries either.

An example of this is the recent incidents with Malaysia over the abuse of domestic servants, Ambalat, and the Manohara affair, where both sides mocked the symbols of the other. However, it is clear that the bill cannot apply extra-territorially to non-Indonesians. But, there has been some discussion as to whether the provisions of the bill could be applied to Indonesians overseas who commit an offense stipulated in the bill, such as burning the flag or mocking the national anthem.

Generally, the answer to this question is no. Although, if the offenses were to be committed by an Indonesian within the confines of an Indonesian controlled or owned space overseas then there is a distinct possibility that an attempt would be made to prosecute.

Implementing Regulations

The implementing regulations required to give force to this law must be enacted within two years of the law being enacted.

Conclusion

There is little doubt that the intent of the government and the DPR in drafting and enacting this piece of legislation is to protect the unique symbols on Indonesian national identity from misuse and abuse.

The fact that it has taken more than 60 years to realize the constitutional mandate is of little consequence and to all intents and purposes it is irrelevant to the bill itself. The critical points are that the government has taken the necessary steps to put into place a regulatory framework that is designed to promote and secure the ideals upon which the Republic was formed; unity in diversity.