Indonesia’s parliament bans sex outside of marriage

INDONESIA’S PARLIAMENT in a meeting on Tuesday. AP Photo

Daniella Flores | News Editor & Publicity Manager

December 9, 2022

On Tuesday, Indonesia’s parliament came to a unanimous decision that sex outside of marriage is to be punishable by up to one year in prison. The changes to the criminal code have already been highly criticized, with critics saying that they are a threat to human rights and freedoms within the country. 

The new code applies to foreign residents and tourists and bans cohabitation before marriage. There are also punishments for insulting the president and or expressing views contrary to the nation’s ideology. 

“The changes to the criminal code are just a violation of human rights, that’s a fact.” San Clemente High School senior Tessa Campbell said. “What is their goal, to decrease population size?”

Indonesia, the world’s largest Muslim-majority nation, has seen a rise in conservatism in recent years. Public floggings take place throughout the nation regularly, for a range of offenses including adultery and homosexuality. Adultery is already illegal in the country, with restrictiveness differing by region. 

The changes to the criminal code have not only worried human rights activists but industry representatives who worry about their effects on tourism. Lawmakers have said that it was not possible to create a criminal code that favored all interests. Law and Human Rights Minister Yasonna Laoly encouraged dissatisfied parties to submit a judicial review to the constitutional court. 

PROTESTERS outside of parliament on Tuesday. AP Photo/Slamet Riyadi

Leading up to Tuesday’s vote, protesters marched outside of parliament against the new criminal code. They warned that the revisions to the code would curtail the rights of more than 270 million people, especially women. They emphasized the setback that the changes would bring to Indonesia’s progress in protecting human rights and individual freedoms after the 1988 revolution. 

“I’m honestly confused as to how their parliament thinks the changes are going to be implemented.” senior Emma Massamiri said. “There is no way that they are going to be able to manage or control people’s actions, entirely.”

The new criminal code runs 200 pages long and has not gone without careful thought and consideration. Sex outside of marriage carries a potential one-year prison term, with restrictions as to who has the authority to lodge a complaint. Blasphemy laws have increased from “one to six provisions” and have the potential to lead to a 5-year prison sentence. The laws will be fully implemented after a transitional period.

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