The Indonesian parliament on Tuesday approved a text that penalizes sexual relations outside marriage and concubinage, denounced by human rights defenders as a setback to freedoms and a turn towards fundamentalism in the most populous Muslim-majority country in the world.
This reform of the penal code, which dates from the Dutch colonial era, was adopted by the majority of the deputies. The text, which still needs to be signed by the president, will enter into force in three years. It makes sexual relations outside of marriage punishable by one year in prison and cohabitation of unmarried couples by six months, according to a copy of the law.
“We have done our best to take into account the important issues and the different opinions that have been discussed,” Justice Minister Yasonna Laoly told parliament.
“However, it is time for us to make a historic decision to reform the penal code, and leave behind the colonial penal code that we inherited” when the country gained independence in 1949, he added.
Allowed for foreigners visiting Bali
A spokesman for the commission in charge of preparing the bill at the Ministry of Justice, Albert Aries, said the reform will protect the institution of marriage. He stressed that premarital and extramarital sexual relations can only be denounced by the spouse, parents or children, which will de facto limit the scope of the text.
But the reform has been criticized by human rights advocates, who denounce a decline in freedoms, and by Indonesian business circles. The latter believe it will harm tourism, although the authorities have insisted that foreigners visiting the island of Bali will not be affected.
At a symposium ahead of Tuesday’s vote, US Ambassador to Indonesia Sung Yong Kim expressed concern about what he called “morality clauses” in the penal code that he said may have a “negative” impact. in companies. Early versions of the bill were intended to outlaw homosexuality, but this provision disappeared from the final text.
For Andreas Harsono, of the organization Human Rights Watch, the prohibition of sexual relations outside of marriage and concubinage could, however, be used to “criminalize” the LGBTQ community, in a country that does not authorize same-sex marriage.
A “rollback in the protection of civil rights”
According to human rights groups, the new amendments also underscore a growing slide toward fundamentalism, in a country long hailed for its tolerance and which recognizes five official religions alongside mainstream Islam.
“The adoption of the penal code bill is a clear step backwards in the protection of civil rights… in particular freedom of expression and freedom of the press,” said Usman Hamid, director of Amnesty International Indonesia.
In 2019, tens of thousands of people took to the streets to protest a similar bill, forcing the government to back down.
The reform also punishes up to four years in prison for spreading an ideology “against Pancasila,” Indonesia’s official ideology that emphasizes unity and respect for ethnic and religious minorities.
Meetings in Jakarta
Another reform passed on Tuesday: the death penalty, often imposed in Indonesia for drug-related offences, will now be accompanied by a 10-year probationary period, at the end of which it can be commuted to life imprisonment if the convicted person proves exemplary behaviour.
A dozen people gathered in central Jakarta on Tuesday holding signs against the new penal code, accusing it of “reinstating colonial-era law.”
Bambang Wuryanto, head of the parliamentary committee that oversaw deliberations on the text, acknowledged that “it is a human product and therefore it will never be perfect.” But he urged critics to “take legal action before the constitutional court” rather than protest.
Source: BFM TV
