Indonesia passes legislation banning sex outside marriage

Rights groups say amended criminal code underscores shift towards fundamentalism and away from longstanding religious tolerance

Human rights activists hold a demonstration against a new criminal code in Jakarta Photograph: Anadolu Agency/Getty Images

Agence France-Presse

Tue 6 Dec 2022

Indonesia’s parliament has approved legislation that outlaws pre-marital sex while making other sweeping changes to the criminal code – a move critics deemed a setback to the country’s freedoms.

After the controversial new criminal code received a majority of votes from lawmakers during the plenary session, deputy house speaker Sufmi Dasco Ahmad banged the gavel to signal the text was approved and shouted “legal”.

Rights groups had protested against the amendments, denouncing a crackdown on civil liberties and a shift towards religious fundamentalism.

“We have tried our best to accommodate the important issues and different opinions which were debated. However, it is time for us to make a historical decision on the penal code amendment and to leave the colonial criminal code we inherited behind,” Yasonna Laoly, minister of law and human rights, told parliament.

Some of the most controversial articles in the newly passed code are criminalising premarital and extramarital sex, as well as the cohabitation of unmarried couples.

The approval comes even as business groups warned it could harm Indonesia’s image as a tourism and investment destination.

There are also fears these rules could have a major impact on the LGBTQ community in Indonesia where gay marriage is not allowed.

Indonesian Minister of Law and Human Rights, receives the new criminal code report from Bambang Wuryanto, head of the parliamentary commission overseeing the revision
Indonesian Minister of Law and Human Rights, receives the new criminal code report from Bambang Wuryanto, head of the parliamentary commission overseeing the revision Photograph: Willy Kurniawan/Reuters

A spokesperson from the law and human rights ministry, Albert Aries, defended the amendments before the vote and said the law would protect marriage institutions.

He said acts of pre-marital and extramarital sex could only be reported by a spouse, parents or children, limiting the scope of the amendment.

Rights groups criticised the legislation as morality policing and activists denounced it as a crackdown on civil and political freedoms.

A revision of Indonesia’s criminal code, which stretches back to the Dutch colonial era, has been debated for decades.

Rights groups say the proposals underscore a growing shift towards fundamentalism in a country long hailed for its religious tolerance, with secularism enshrined in its constitution.

“We are going backward … repressive laws should have been abolished but the bill shows that the arguments of scholars abroad are true, that our democracy is indisputably in decline,” Amnesty International Indonesia director Usman Hamid told AFP.

About 100 people protested against the bill on Monday and unfurled a yellow banner that read “reject the passing of the criminal code revision”, with some dropping flower petals on the banner as is done for a funeral.

Abdul Ghofar, a campaigner of Indonesia’s environmental group WALHI, said the symbolic acts signified the public’s “grief” over the impending passage of the revision.

Another protest to reject the new law was scheduled to be held on Tuesday in front of the parliament building.


Categories: Asia, Indonesia

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2 replies

  1. A rough estimate would be that 50 percent of foreign tourists in double rooms are not married, as marriage is sort of ‘outdated’ in the West. Seems they will need to shift their vaccations to Thailand and Phillipines…

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