A new law in Indonesia outlaws sex before marriage and cohabitation. A controversial law that some critics are calling troublesome and a threat to personal freedoms. The criminal code applies to all Indonesians, foreigners living in the country and tourists.
“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,” Minister of Law and Human Rights, Yasonna Laoly, told parliament. The new law was approved by parliament on Tuesday. It replaces a framework that was used since Indonesia’s independence in 1946.
The new code is yet to be signed by the president, and will not apply immediately. A transition from the old code to the new one will take place over the next three years.
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A step in the wrong direction
The new law sparked student-led protests back in 2019, when a full draft was released. The actions were largely led by concerns that the new laws would undermine personal freedoms, and the fight against corruption.
Under the new code, parents or children can report unmarried couples to the police if they suspect them of having sex. A move that is seen leaning towards moral policing, and could possibly be used to target members of the LGBTQ+ community.
Sex before marriage was not illegal in the country before the code was passed. But adultery was. Now, both instances will be punishable by up to a year in prison or a fine under the code.
Cohabitation will be punishable by six months in prison or a fine. This will only apply if it is reported to the police by parents, children or a spouse.
“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,” said Amnesty International Indonesia director, Usman Hamid to AFP news agency.
Indonesia swamped by conservatism
The new code can be challenged in the Constitutional Court if deemed that the correct procedures were not followed before it was passed. This includes seeking relevant and transparent public participation.
This was the case in 2020, when labour unions used this approach to challenge the Jobs Creation Law. It was deemed ‘unconstitutional’ a year later. The government was given two years to fix the law, or risk it becoming permanently invalid.
Rights groups say the law underscores the increasing conservatism in Indonesia. A country that was hailed for its religious tolerance.
