Restrictions on the use of state emblem set out in Article 57 letter d of Act 24/2009 concerning the Flag, Language, and the State Emblem and Anthem, is a form of restraint of expression and citizen appreciation of his identity as citizens. Such restraint can reduce the sense of belonging that is the symbol of the country’s citizens, and it is not possible to some extent reduce the levels of nationalism.

Court is Petitioners’ argument regarding the testing of the constitutionality of Article 57 letter d law is grounded in the law and Article 57 letter d declare the law unconstitutional. "Article 57 paragraph d of Law Number 24 Year 2009 regarding Flag, Language, and the State Emblem and Anthem contrary to the 1945 Constitution, and have no binding legal force," said Chief Justice of the Constitutional Court (MK) Moh. Mahfud MD, when reading the Decision on Case No. 4/PUU-X/2012, Tuesday (15/1), in Room Plenary Court. In addition to Article 57 letter d, the Court also stated 69 letter c of Law is unconstitutional and has no binding legal effect.

Law and Constitutional Studies Forum et al question the Article 57 letter c and d of the Act. Article 57 letter c does not fit the spirit of freedom of thought, will, and organize and assemble to express their will in public. Article 57 letter d thick discrimination citizens and lead to the criminalization of this article without considering the sense of nationalism, which is related to the criminal provisions of Article 69. The use of the emblem by the community although guided by nationalism, remains criminalized. Article 57 letter c and d of Act 24/2009 had prevented the applicant to use the emblem of the Republic of Indonesia, even two applicant been convicted by court for using the emblem for its activities.

Article 57 letter c and d Law. 24/2009, says, "It is forbidden to: c. create a symbol for individuals, political parties, associations, organizations and / or the company or symbol resembles the State; And, d. use the State Emblem for purposes other than those stipulated in this Act. "

While Article 69 c riots, said, "Punishable by imprisonment of 1 (one) year or a fine of 100,000,000, 00 (one hundred million rupiah), any person who: c. deliberately using the State Emblem for purposes other than those stipulated in this Law. (Shohibul Umam / mh)