Indonesia could jail people for having sex outside marriage under new laws

Protesters demonstrating in June against Indonesia’s proposed new criminal code (Anadolu Agency via Getty Images)
Protesters demonstrating in June against Indonesia’s proposed new criminal code (Anadolu Agency via Getty Images)

Indonesia is expected to pass a new criminal code this month that will penalise sex outside marriage with a punishment of up to one year in jail.

The legislative overhaul will also ban insulting the president or state institutions and expressing any views counter to the state ideology. Cohabitation before marriage is also banned.

Edward Omar Sharif Hiariej, the deputy justice minister, said in an interview with Reuters that the new criminal code was expected to be passed on 15 December.

“We’re proud to have a criminal code that’s in line with Indonesian values,” he said.

Bambang Wuryanto, a lawmaker involved in the draft, said the code could be passed by as early as next week.

If passed, the code would apply to Indonesian citizens and foreign visitors, and introduce sweeping changes affecting a wide range of civil liberties.

Sex outside marriage, which under the code could be reported only by limited parties such as close relatives, could lead to up to a year in prison, while unmarried couples would be banned from living together.

Insulting the president, which under the code could be reported only by the president, would carry a maximum of three years. Insulting state institutions and expressing any views counter to Indonesia’s state ideology would also be forbidden.

Abortion would remain illegal except in cases of rape, according to the latest draft seen by Reuters, which was dated 24 November.

Andreas Harsono, of Human Rights Watch, said changes to the code would be a “huge setback to Indonesian democracy”.

Business experts have said the overhaul could damage the country’s image as a tourist destination and undermine investment.

The draft bill has been decades in the making and is intended to replace the current criminal code, which dates back to the Dutch colonial period.

The deputy justice minister dismissed concerns that the code would undermine democratic rights, and told Reuters that the final version of the draft would ensure that regional laws adhered to national legislation.