Indonesia: New criminal code bans adultery with penalty of one-year imprisonment; know other changes made

A new criminal code that restricts political freedoms and outlaws extramarital sex has been approved by Indonesia's parliament. On Tuesday, the Indonesian Parliament officially adopted a long-awaited revision to the country's penal code that makes it illegal for both domestic and foreign individuals to have sex outside of marriage, forbids the promotion of contraception, and outlaws disparaging the president and public figures.

The revised code holds a five-year prison sentence for violating the core beliefs of Indonesia's six officially recognised religions—Islam, Protestantism, Catholicism, Hinduism, Buddhism, and Confucianism—and also strengthens an existing blasphemy law.

In accordance with a 2004 Medical Practice Law, the code maintains the previous criminalization of abortion but adds exemption for women with life-threatening medical problems and for rape, provided that the foetus is less than 12 weeks old.

READ | Demonetisation | Restricted judicial review of economic policy does not mean court will fold hands and sit back: SC

What is the penalty for breaking the law?

According to the new laws, which go into effect in three years, having sex outside of marriage can result in a jail sentence of up to a year. Individuals who associate with groups that uphold Marxist-Leninist ideology risk receiving a 10-year sentence in prison and a 4-year sentence for spreading communism.

What other changes seen in new criminal code?

The National Commission on Human Rights and other organisations have called for the death penalty to be abolished, as has been done in dozens of other countries, but the revised code keeps it in the criminal justice system. The death penalty does, however, have a time frame under the new code. The death sentence will be switched to life in prison or 20 years in prison if the convict behaves well within a 10-year period.

The new criminal code will include a number of new provisions in addition to outlawing sex before marriage. According to the law, it will be illegal to express any opinions that are at odds with Indonesia's state ideology or to insult the president or other state institutions. Violators to serve three-year of imprisonment.

The numerous changes follow a rise in religious conservative ideology in the nation with a majority of Muslims. The laws are criticised as a "disaster" for human rights and as a possible hindrance to travel and investment. This week, a number of mostly young people's groups demonstrated against the legislation in front of the Jakarta parliament.

READ | After Lashkar-supported group threatens to kill 56 Kashmiri Pandits, Centre reviews J&K security situation

Some of the revisions were criticised by rights organisations as being overly broad or ambiguous, and they issued a warning that their inclusion in the code could punish ordinary behaviours and jeopardise freedom of expression and privacy rights.

The passage was hailed as a victory for the nation's LGBTQ community by some advocates, though. After lengthy debate, lawmakers decided to drop a Muslim organization-proposed amendment that would have made gay sex illegal. A previous revised code was ready to be passed in 2019, but President Widodo advised lawmakers to postpone a vote amid rising public condemnation that sparked thousands of nationwide protests.

The legislation's critics claimed it contained anti-minority discriminatory provisions and that the legislative process lacked transparency. Human Rights Watch stated on Tuesday that laws that punish criticising public officials go against international law and that the mere fact that some forms of expression are deemed offensive is not enough to warrant restrictions or punishments.

READ | Maharashtra stops all bus services to Karnataka amid border dispute