Ban on extra marital affair tests democracy in Indonesia

• One of several contentious amendments to Indonesia’s penal code this month.
• Rights activists say that the new code threatens Indonesians’ personal freedoms.
• Offenders face months-to-years in prison.

The prohibition of extramarital sex, which was one of several contentious changes to Indonesia’s penal code passed earlier this month, grabbed the most of the attention.

Tourism statistics warned that it would discourage foreigners from travelling there and harm Indonesia’s international reputation—no small matters for a nation that, before the pandemic, welcomed up to 15 million foreign visitors annually and recently held the G20 presidency for the first time in its history.

However, hundreds of millions of Indonesians still face the possibility of spending up to a year in jail for the same offence.

Rights activists warn that this is just the beginning of the new code’s potential to threaten Indonesians’ personal freedoms and civil liberties.

Officials have since played down the likelihood that tourists would be charged. On the other hand, Indonesian officials justify the action as a necessary compromise in a democracy that is home to the largest Muslim community in the world.

The new rule also makes it illegal for unmarried couples to cohabitate, to promote contraception to minors, to perform abortions (save in situations of rape and in circumstances of medical crises involving foetuses fewer than 12 weeks old), and to engage in blasphemy.

Additionally, it restricts Indonesians’ ability to protest and makes it illegal to disparage the president, his cabinet, or the nation’s ideology.

The possibility of prison sentences ranging from months to years exists for offenders. Rights organizations’ evaluations were harsh.

“In one fell swoop, Indonesia’s human rights situation has taken a drastic turn for the worse,” said Andreas Harsono, senior Indonesia researcher at Human Rights Watch.

“Potentially, millions of people will be subject to criminal prosecution under this deeply flawed law. Its passage is the beginning of an unmitigated disaster for human rights in Indonesia.”

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