The Indonesian government is set to pass a new law that will punish sex outside of marriage with imprisonment as part of the reform of its national penal code.
“We are proud to have a penal code that is in line with Indonesian values,” Edward Omar Sharif Hiariej, Indonesia’s deputy justice minister, told Reuters.
Only certain parties, such as close family members, can report the crime, which will carry a penalty of up to a year in jail.
The new law is part of a series of new policies the government will enact as part of a review lawmakers have worked on since declaring independence in 1945. The government hopes to pass the new code on December 15, but could do so. as early as next week, according to Bambang Wuryanto, a lawmaker involved in drafting the legislation.
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The new code would apply to citizens and foreigners alike, raising concerns among business groups that it could seriously hamper investment in vacation travel and destinations in the country.
Indonesian President Joko Widodo, dressed in traditional Bangka Belitung Islands attire, delivers his state of the nation address ahead of the country’s Independence Day at the parliament building in Jakarta on August 16, 2022.
(Tatan Syuflana/Pool via Reuters)
“For the business sector, the implementation of this customary law will create legal uncertainty and make investors reconsider investing in Indonesia,” said Shinta Widjaja Sukamdani, vice president of the Indonesian Employers’ Association (APINDO).
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Clauses related to morality, he added, “would do more harm than good,” especially for companies engaged in the tourism and hospitality sectors.
Indonesian President Joko Widodo gestures as he delivers remarks during the Indonesian central bank’s annual meeting with its financial stakeholders in Jakarta on Wednesday.
(Reuters/Willy Kurniawan)
But Hiariej pushed back against the criticism, saying the final version of the laws would ensure that regional laws and national laws align and would not threaten democratic freedoms.
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Other laws include prison sentences of up to three years for insulting the president—a charge that only the president can denounce—as well as prison sentences of up to five years for insulting the flag, emblems, and national anthem, while anyone broadcasting or help spread the insults could face up to four years in prison, according to the South China Morning Post.
University students march towards a local parliament building during a protest in Makassar, South Sulawesi province, Indonesia, on September 27, 2019.
(Antara Photo/Arnas Padda/via Reuters)
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“These articles about insulting the president or state officials are our main concerns, as they are not aligned with the democratic principles we have had all these years,” Edbert Gani Suryahudaya, a researcher at the Indonesian Center for Strategic and International Studies, told the Post. . at the beginning of this year.
Human rights advocates and analysts have raised concerns about these laws, pointing to 24 articles they say are problematic, but Indonesia’s most conservative Islamic groups have supported the measures. About 87% of Indonesia’s citizens identify as Muslim, making it the country with the largest Muslim population, but the government remains secular and emphasizes religious pluralism.
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An initial effort to pass a new penal code in 2019 sparked protests across the country. Tens of thousands of people demonstrated against the plan over civil liberties concerns.
Critics say there have been few changes to the codes since then, meaning it will largely resemble the same set of laws that sparked the protests.
Reuters contributed to this report.
