T

he recent hoisting of a number of Chinese flags in North Maluku by a Chinese company violated the 1958 Law on State Symbols, in which suspected offenders may be subject to criminal prosecution.

The members of the Indonesian Military (TNI) had removed at least two Chinese flags, flown at the compound of nickel miner PT Wanatiara Persada on Obi Island in South Halmahera, North Maluku, and at a local dock during the ground breaking event of a smelter project built by the company on Friday, TNI spokesman Brig. Gen. Wuryanto said on Sunday.

“The incident violated the law,” he said.

According to the law, there are certain circumstances when a foreign country’s flag can be flown in Indonesia, which include commemorations of national days or when observing mourning days.

The law also stipulates that foreign flags are allowed to be hoisted at places where visiting foreign country representatives, such as heads of state or prime ministers, attend an event in Indonesia.

Other approved places for foreign flags in the country include embassy offices, official residences of ambassadors, consular offices of foreign countries and on official cars of foreign ambassadors.

The Chinese flag hoisting did not meet any of the requirements set by the law, Wuryanto said. The flag hoisting to celebrate the inauguration of the smelter did not have a head of state in attendance but instead Chinese officials of the company.

The law also states that anyone who flies or asks people to fly foreign flags, not under the circumstances outlined by the law, could face up to three months imprisonment.

The TNI had asked South Halmahera administration to reprimand the company to prevent the incident from reoccurring, Wuryanto said, adding that the National Police could launch a criminal investigation should the company ignore the warning.

There are no details as of yet on whether or not TNI reported this incident to the police.

The incident took place on Friday morning when a boat carrying North Maluku Governor Abdul Gani Kasuba and officials of the administration arrived on the island to witness the ground breaking of the smelter project.

As soon as the boat disembarked, information about the hoisting of a Chinese flag on the island was received by the office of the local naval base.

The local authorities found that the Chinese flag was bigger than the Indonesian flag and was flown at the same height. An official from the local naval base, Maj. Harwoko Aji, sent an official to the site of the incident to urge company officials to take down the Chinese flag. Later, military members received information that another Chinese flag was hoisted at a nearby dock, tribunnews.com reported on Saturday.