In Indonesia A new conservative criminal code came into force at the turn of the year. The document criminalizes sex outside of marriage and reintroduces penalties for insulting the president and state institutions. The Criminal Code applies to both Indonesian citizens and visitors from abroad.
Sex outside of marriage can now be punished with up to one year in prison in Indonesia. If an unmarried couple lives together, they face a penalty of up to six months in prison.
Queer sex remains permitted
According to the Criminal Code, cases of adultery can only be prosecuted if there is a complaint from a spouse, parents or children. The government wants to prevent the law from being applied arbitrarily, including against tourists.
The abandonment of a proposed article in the penal code that would have criminalized same-sex sex is seen as positive for members of sexual minorities. There was resistance to this article from civil society groups.
Several years in prison for blasphemy
If you are convicted of a so-called “attack on the honor or dignity” of a head of state, you face a prison sentence of up to three years.
The penal code also expands existing laws against blasphemy. Prison sentences of up to five years are possible for cases that allegedly deviate from the core teachings of the six officially recognized religions in Indonesia. Association with Marxist-Leninist organizations can be punished with up to ten years in prison. Up to four years in prison is possible for spreading communist ideology.
Criticism from human rights organizations
Activists fear that freedom of expression will be restricted by the law. Usman Hamid of the human rights organization Amnesty International in Indonesia described the penal code as a “significant setback” for civil rights. Peaceful criticism is punishable. Hamid warned against abuse of power.
The human rights organization Human Rights Watch warns that morality-based clauses in the criminal code could lead to invasions of privacy and selective enforcement of the law. Cases of suspected insults to the president must be reported by the president himself.
Own criminal code after colonial rule
Since its independence in 1945, Muslim-majority Indonesia has stuck to a criminal code from the era of Dutch colonial rule. This was criticized as outdated and not in line with Indonesia’s social values.
The 345-page new criminal code was passed in 2022 and, after a transition phase, has now come into force in the new year.
