In addition, the Criminal Law Amendment also stipulates that cohabitation before marriage, insulting the president, and spreading views that are contrary to the national ideology are all crimes that violate the criminal law.
This criminal law amendment has attracted a lot of criticism. Indonesian media called the new criminal law "tyrannical", and the legal community denounced it as "the death of Indonesian democracy." People are also worried that the new criminal law will hit Indonesia’s tourism industry and be detrimental to Indonesia’s ability to attract foreign investment. In addition, the United States also expressed concern about Indonesia's new criminal law, saying it was concerned about the "human rights and fundamental freedoms" of the Indonesian people.
The Indonesian government believes that the passage of the Criminal Code Amendment is a major victory for the country's "decolonization" and protects Indonesia's "traditional values." It is reported that Indonesia’s current criminal law was formulated during the Dutch colonial rule and has never been completely revised since independence.
Antara News Agency: Congress passed the Criminal Code Amendment
According to Indonesian media reports, the new Criminal Code Amendment Act passed by the Indonesian Congress on February 6 stipulates that extramarital sex The conduct is a criminal offense punishable by up to one year in prison; cohabitation before marriage can result in six months in prison; and women who have abortions can face four years in prison, except for rape victims and women with life-threatening illnesses.
Albert Aries, spokesman for the Indonesian Ministry of Justice, said that these new laws regulating ethics are limited and the prosecutors can only be the suspect’s parents, spouse or children. Accusations made by close relatives and outsiders are invalid.
It is important to note that these laws apply not only to Indonesian residents, but also to foreigners living in Indonesia or foreign tourists visiting Indonesia.
In addition to regulating moral laws, Indonesia's Criminal Code Amendment also provides for people's political freedoms: it is prohibited to insult the president and state institutions, it is prohibited to spread views contrary to the national ideology, and it is prohibited to hold unregistered protests. etc.
This criminal law amendment is currently preparing to draft implementation regulations and is expected to take effect in three years.
Indonesian Minister of Law and Human Rights Yasona (right) accepts the Criminal Code Amendment in Parliament. Source: Reuters
This amendment to Indonesia’s criminal code has been criticized by many parties.
Indonesia's "Quran Times" called the bill "tyranny", while the "Jakarta Post" published an editorial saying that the new criminal law will "bring Indonesia into a new era of illiberalism and religious conservatism" "; Some opponents claimed that some provisions in the criminal law amendment restricted freedom of speech and were a "big setback" for Indonesia's democratic freedoms.
“This is not only a setback, but also the death of democracy in Indonesia.” Saitra Referandum, a lawyer at the Indonesian Legal Aid Institute, said, “This process is not democratic at all.”
The Indonesian tourism industry has reservations about the bill, especially its clause prohibiting extramarital sex among foreign tourists.
Maulana Yusran, deputy chairman of the Indonesian Tourism Commission, said the new criminal law is "completely counterproductive" at a time when the economy and tourism industry are recovering from the new epidemic. "We deeply regret that the government has turned a blind eye. We have expressed our concerns about this law to the Ministry of Tourism."
Foreign tourists in Bali, Indonesia Picture source: Visual China
US Ambassador to Indonesia Sung Kim said at an investment summit that the bill may lead to a reduction in foreign investment, tourism and tourists in Indonesia. "Criminalizing individuals' private decisions will be an important issue in many companies' decisions about whether to invest in Indonesia," he said.
State Department spokesman Ned Price It also commented on the matter, saying that the United States is evaluating the content of the law, noting that the implementing regulations for the bill have not yet been drafted.
"However, we are concerned about the impact these changes will have on the human rights and fundamental freedoms of the Indonesian people. We are also concerned about how the bill will affect U.S. citizens traveling or residing in Indonesia and the investment climate for U.S. companies." Price said.
However, the response of the Indonesian people to the new criminal law was not enthusiastic, and only a few small-scale protests were triggered in Jakarta, Indonesia.
Indonesian people protest against the criminal law amendment
Different from the criticism of "democratic regression" and "harming human rights", the Indonesian government regards the passage of the criminal law amendment as a "decolonization" A major victory.
Indonesia’s current criminal law was formulated during the Dutch colonial period. Indonesia has not overhauled its criminal code since independence from the Netherlands.
In 2019, the Indonesian government submitted a draft amendment to the Criminal Code to Congress, triggering nationwide protests and even clashes between police and civilians in the capital, Jakarta. Indonesian President Joko was forced to withdraw the draft, allowing the Ministry of Justice to listen to public opinion and modify some provisions.
Indonesian media stated that this year’s criminal law amendments have the support of all political parties in the Indonesian Parliament.
Bambang Wuryanto, chairman of the parliamentary committee overseeing the revision of the bill, told lawmakers: "The old code belongs to Dutch heritage and is no longer applicable."
Bambang Wuryanto ·Uyanto spoke in parliament. Source: Reuters
Albert Iris, spokesman for the Indonesian Ministry of Justice, said: “The purpose of the new criminal law is to protect the institution of marriage and Indonesian values, while protecting the privacy of the community and denying the public or The right of other third parties to report or represent ethics and 'play judge'"
Indonesian Deputy Minister of Justice Edward Omar Sharif Siareei said in an interview with Reuters: "We are I am proud to have a criminal law that is in line with Indonesian values."
In response to external criticism, Indonesian Minister of Law and Human Rights Yasona Lawry responded: "For a multicultural and multi-ethnic country. , It is not easy to formulate a criminal law that can take into account the interests of all parties.”
Reuters stated that compared with the 2019 version of the draft criminal law amendment, the moral provisions of the criminal law amendment passed this time have been watered down a lot. .
On the day the bill was passed, Yasona also said that citizens have the democratic right to express their opinions. If they do not agree to pass the penal code amendment, they can file a lawsuit with Indonesia's Constitutional Court.