• Indonesia’s new Criminal Code might damage liberties.
• They will prohibit sex outside marriage and cohabitation.
• New regulations outlaw insulting the president or state institutions.

Critics say Indonesia’s new Criminal Code might damage liberties by prohibiting sex outside marriage and cohabitation.

New regulations outlaw insulting the president or state institutions and apply to Indonesians and foreigners.

The new criminal code replaces a blend of Dutch, customary, and modern Indonesian law that has been in force since independence in 1946.

“We sought to accommodate contested concerns and perspectives. Yasonna Laoly, minister of law and human rights, told parliament before the vote that it was time to leave the colonial criminal code behind.

When a full draft of the code was unveiled in September 2019, student protests erupted over fears it would limit personal freedoms. At least 300 people were injured amid rioting fueled by fears that new legislation would hinder anti-corruption efforts.

Revisions aren’t complete.

Before the code, adultery was criminal but not before marriage. Under the new rule, parents or children can report unmarried couples to the police if they suspect them of having sex. Critics say this is moral policing and might be used to harass LGBTQ people, as same-sex marriage is outlawed in Indonesia.

The code punishes sex before marriage and adultery with a year in prison or a fine.

Cohabitation is punished by six months in prison or a fine if parents, children, or a spouse report it.

The criminal code could be challenged in the Constitutional Court if the proper procedure was not followed, including transparent public engagement.

The Jobs Creation Law was passed in October 2020 and ruled “unconstitutional” a year later. The government has two years to reform the law or risk its invalidity.

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