By Oyintari Ben
Having sex outside of marriage and cohabitation is now illegal in Indonesia, as part of a contentious new Criminal Code that critics fear may erode the country’s commitment to freedoms.
The new regulations, which are applicable to both Indonesians and foreigners, reinstate the prohibition against disparaging the president, government agencies, or Pancasila, Indonesia’s national ideology.
The 1946-era framework, which included elements of Dutch law, hukum adat, and contemporary Indonesian law, has been replaced by the new criminal code, which the parliament unanimously adopted on Tuesday.
A comprehensive draft of the proposed code was unveiled in September 2019, which provoked widespread student-led protests because of concerns that it would restrict personal freedoms. The unrest, which was partly stoked by worries that new legislation will undercut the fight against corruption, resulted in at least 300 injuries.
There hasn’t been a comprehensive release of later revisions.
According to Deputy Minister of Law and Human Rights Edward Hiariej, the president must still sign the new code. Additionally, it won’t take effect right away because the changeover from the previous code to the new one is anticipated to take up to three years.
“Reversing course”
According to a draft of the new code obtained by the Associated Press, the crime of insulting a president in office can result in a three-year prison sentence.
“The strictest feasible explanation that distinguishes between insults and criticism,” claimed Hiariej of the government.
Prior to the adoption of the code, adultery was the only crime that prevented premarital sex in Indonesia.
Parents or kids will be able to report unmarried couples to the police under the new rule if they believe they have had sex; critics have warned this is a step toward moral policing and might be used to persecute LGBTQ people.
According to the code, having sex before being married and adultery will both result in up to a year in jail or a fine.
Cohabitation will result in a six-month prison sentence or a fine, but only if it is reported to the police by a spouse, child, or parent.
