Afia Ohemeng
Rights groups have criticized a highly controversial penal code which is yet to be passed in Indonesia. The (draft) penal code would criminalize consensual sex outside of marriage while also outlawing same-sex relations. Many rights groups have called this a restraining move of basic human rights.
Human Rights Watch called the draft criminal code a disaster for women, religious and gender minorities and also all Indonesians.
The bill is expected to be legalized on 24th September. A group of NGOs are urging President Joko Widodo take an active interest and delay the bill.
Indonesia the world’s largest Muslim-majority country, has a diverse mix of ethnicities and religions. Watch groups have noticed a rising intolerance in the country against other religious groups and members of the LGBTQ community.
EXTRAMARITAL SEX & LIVING TOGETHER
Extramarital sex under the proposed law can mean participants will be punished by up to one year in prison. Couples living together can be prosecuted if a close family lodges a complaint with the police.
Even though the article does not specifically address same-sex conduct, it definitely criminalizes all same-sex relationships. Members of the LGBT community may face up to six months in prison. The community already faces persecution and discrimination in the country. The article vaguely mentions “obscene acts” which could be used to target the community.
Unmarried couples could also face a fine or spend six months in prison if they are reported to the police for living together.
Village chiefs can also file a police complaint if close family members refuse to report them.
“We would like to change to our new penal code to focus more on Indonesian perspectives in the law. The reason is because there are some laws in the penal code that are not suitable for Indonesia any more,” Yasonna Laoly said.
BILL IS ALREADY A FORMALITY
The bill moving to parliament is apparently a formality as all parties there have already agreed on the bill according to Laoly. The public and law enforcement can become familiar with the new regulations as it will take about two years to go into effect.
Many of the articles in the bill would discriminate against many minorities as stated earlier. Freedom of speech and association will be threatened.
ABORTION & FEMALE REPRODUCTIVE RIGHTS
The draft code also states that only doctors have the right to decide whether to perform an abortion or not. A woman could face four years in prison for having an abortion without the approval of her doctor and anyone who provides help will face five years in jail.
RELIGIOUS FORCES INFLUENCING POLITICS.
Increasing Islamic conservatism and intolerance against minorities was a major theme during recent elections. The new code is seen as an evidence of the influence religion is having on the draft code.
According to Minister of Law Yasonna Laoly, this view is a “big misperception” and called the law a “legacy” as because the bill was “made for Indonesians by Indonesians.”
