Equipo Nizkor - Indonesia: Regulations of the Highest War Authority No. 1 on the Display/Use of the Red Cross Sign and Words.

STATE GAZETTE OF THE REPUBLIC OF INDONESIA
No. 14 of 1962. The Red Cross Sign and Words. Display/Use

REGULATION OF THE HIGHEST WAR AUTHORITY NO. 1 OF 1962
ON
THE DISPLAY/USE OF THE RED CROSS SIGN AND WORDS

THE PRESIDENT OF THE REPUBLIC OF INDONESIA/
THE HIGHEST WAR AUTHORITY

Considering:

that the sign of the red cross on white ground, which is commonly known as the "Red Cross Sign" ("Tanda Palang Merah"), and the words "red cross" ("Palang Merah") are frequently misused by parties that are not entitled to using them and that it is, therefore, deemed necessary, for the sake of public order, to enact a regulation on the display/use of the red cross sign and the words red cross;

Bearing in mind:

1. Decrees of the President of the Republic of Indonesia No. 315 of 1959, No. 3 of 1960, and No. 353 of 1960;

2. Article 10 in conjunction to Articles 23 and 26 of Law No. 23 Prp of 1959 (State Gazette No. 139 of 1959 - Supplement to State Gazette No. 1908) re Dangerous Situations as amended by Law No. 52 Prp of 1960 (State Gazette No. 170 of 1960 - Supplement to State Gazette No. 2113);

3. Law No. 59 of 1958 re the Participation of the State of the Republic of Indonesia in All of the Geneva Conventions of 12 August 1949 (State Gazette No. 109 of 1959 - Supplement to State Gazette No. 1644);

Hearing: the considerations from the National Board of the Indonesian Red Cross and their letter No. 442/Sekr dated 15 February 1962

Resolves:

To stipulate:

Regulation on the Display/Use of the Red Cross Sign and Words

as follows:

Article 1

The sign of the red cross on white ground, hereinafter referred to as the Red Cross Sign, and the words "Red Cross" can be used only to identify or to protect personnel, establishments, and instruments that are protected by the Geneva Conventions of 12 August 1949.

Article 2

(1) The parties authorized to display/use the red cross sign and/or the words red cross are as follows:

a. the International Committee of the Red Cross,

b. the Army's Medical Service,

c. the Navy's Medical Service,

d. the Air Force's Medical Service,

e. the Indonesian Red Cross,

f. agencies/associations or individuals engaged in relief efforts for the wounded or sick, provided that the relief is given for free and with approval of the Indonesian Red Cross. Such display/use shall go only to the extent that the said sign/words are used to identify vehicles used as ambulances and places used as first-aid posts.

(2) In real war situations, the parties authorized to display/use the red cross sign and the words red cross are as follows:

a. the International Committee of the Red Cross,

b. the Army's Medical Service,

c. the Navy's Medical Service,

d. the Air Force's Medical Service,

e. the personnel of the Indonesian Red Cross who are seconded to the medical services of the Army, the Navy, and the Air Force,

f. officially recognized relief personnel who are officially designated to assist the medical services of the Armed Forces,

g. the religious personnel of the Army, the Navy, and the Air Force,

h. With special approval of the President of the Republic of Indonesia, the red cross sign may be used to identify the establishments and personnel of public hospitals, the premises of public hospitals, places reserved for the wounded and the sick, means of transportation used by officially recognized organizations providing relief for the shipwrecked, and convoys of vehicles, carriages, ships, or aircraft carrying wounded, sick, disabled, or infirm civilians or pregnant women.

Article 3

The display/use by any individuals, associations, agencies, companies, or other entities by whatever name other than those authorized to display/use the red cross sign or the words red cross as referred to in Article 2 of this Regulation of the red cross sign and/or of the words red cross or other words which are an imitation thereof or which are likely to be mistaken for the words red cross is prohibited.

Article 4

The provisions of Articles 1, 2, and 3 of this Regulation also apply to the signs of "red crescent" and "red lion and the sun" on white ground and to the words "red crescent" and "red lion and the sun."

Article 5

Whoever commits the prohibited act as meant in Article 3 of this Regulation is punishable under Article 47 of Law No. 23 of 1959 (State Gazette No. 139 of 1959) re Dangerous Situations and faces an imprisonment of nine months at the maximum or a fine of twenty thousand rupiahs at the maximum.

Article 6

The items used in, or gained from, the act as meant in Article 5 in conjunction to Article 3 of this Regulation are subjected to the provisions of Article 47(2) and (3) of Law No. 23 Prp of 1959 (State Gazette No. 139 of 1959) re Dangerous Situations.

Article 7

The criminal act as meant in Article 5 in conjunction to Article 3 of this Regulation is, as stated in Article 58 of Law No. 23 Prp of 1959 (State Gazette No. 139 of 1959), categorized as an offence.

Article 8

This Regulation is applicable in areas where a civilian emergency situation, a martial law situation, or a state-of-war situation prevails.

Article 9

This Regulation takes effect as from the date it is enacted.

To ensure that this Regulation is known to everybody, it shall be enacted through its placement in the State Gazette of the Republic of Indonesia.

Enacted in Jakarta
on 3 April 1962
the President/Commander-in-Chief of
the Armed Forces of the Republic
of Indonesia in his capacity as
the Highest War Authority

SUKARNO

Enacted in Jakarta
on 3 April 1962

State Secretary
MOHD. ICHSAN

03Apr62 - IDN

Regulations of the Highest War Authority No. 1 on the Display/Use of the Red Cross Sign and Words

[Source: National Implementation of IHL Database, International Committee of the Red Cross.]

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