Indonesia: Parliament approves a text punishing sex outside marriage


Human rights groups denounce an attack on civil liberties and a shift towards fundamentalism in the most populous Muslim-majority country in the world.

Indonesia’s parliament on Tuesday (December 6th) approved legislative amendments banning premarital sex and making other significant changes to the country’s criminal code. The Vice-President of Parliament, Sufmi Dasco Ahmad, said he approved this text which received the majority of votes in the plenary session. The project has sparked outrage from human rights groups, who denounce an attack on civil liberties and a shift towards fundamentalism in the most populous Muslim-majority country in the world.

The current Indonesian Penal Code dates back to Dutch colonial times, and its revision has been under debate for decades. “We have done our best to take into account the important issues and the different opinions that have been debated. However, it is time for us to take a historic decision on the amendment of the Penal Code, and to leave behind us the colonial Penal Code which we inherited”Justice Minister Yasonna Laoly told Parliament.

Project committee spokesman Albert Aries defended the amendments ahead of the vote, saying the law will protect the institution of marriage. He added that pre-marital and extra-marital sexual acts can only be reported by the spouse, parents or children, which de facto limits the scope of the text.

“Our democracy is unquestionably in decline”

But critics of the new law have denounced it as establishing an attack on freedom of morals. Among the most controversial articles of the newly adopted code are the criminalization of extra-marital sexual relations, as well as the cohabitation of unmarried couples. These rules could also, according to human rights organizations, have a major impact on the LGBTQ community in Indonesia, where same-sex marriage is not allowed.

According to rights groups, the new amendments underscore a growing slide towards fundamentalism in a country long hailed for its religious tolerance, with secularism enshrined in its constitution. “We are backing down… the repressive laws should have been abolished. But the bill shows that the arguments of foreign scholars are true, that our democracy is unquestionably in decline.Usman Hamid, director of Amnesty International Indonesia, told AFP.

US condemns new law

The United States expressed concern on Tuesday about the new law, warning of the possible consequences of such a decision on economic investments in this country. “We are concerned about how these changes could affect human rights and (the principle of) fundamental freedom in Indonesia“, told the press the spokesperson for American diplomacy Ned Price, before also expressing concerns about the impact that this decision of the Indonesian Parliament could have on “U.S. citizens living in or visiting the country, and business investments“.

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