Indonesia set to punish sex before marriage with jail time

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Indonesia’s parliament is expected to pass a new criminal law this month that will punish sex outside marriage with imprisonment of up to a year.

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

The law, if passed, would apply to Indonesian citizens and foreigners alike.

Punishment for adultery can only take effect if there are parties who lodge complaints to the authorities.

For those who are married, the party entitled to lodge a complaint is the perpetrator’s husband or wife.

The law also allows the parents of unmarried people to report them for having sex.

Cohabitation before marriage will also be banned and those convicted could face a six-month prison sentence.

Business groups have expressed concern about the damage the rules might do to Indonesia’s image as a holiday and investment destination, according to Reuters.

Shinta Widjaja Sukamdani, deputy chairperson of Indonesia’s Employers’ Association (APINDO), said: “For the business sector, the implementation of this customary law shall create legal uncertainty and make investors reconsider investing in Indonesia.”

The previous draft of the code was set to be passed in 2019 but sparked nationwide protests with tens of thousands taking part in demonstrations.

Many, including students, took to the streets in cities across Indonesia with the main clashes taking place in the capital Jakarta.

Tear gas and water cannon were used against protesters who had thrown stones at police.

Such strict laws on sex and relationships are not without precedent in parts of majority-Muslim Indonesia.

The province of Aceh enforces strict Islamic law and has punished people for gambling, drinking alcohol and meeting members of the opposite sex.

In one case in 2021, neighbours denounced two men for having sex. They each received 77 lashes from a police officer in a public caning.

On the same day a woman and man were each given 20 lashes for being caught in close proximity to each other, and two men were given 40 lashes each for getting drunk.


 
Now that this law has passed as of Tuesday afternoon, here are some of the specifics…

What are the changes?​

Labelled as the most-controversial revisions to the country’s criminal code, the new articles penalise sex outside of marriage with up to one year in jail and prohibit cohabitation between unmarried couples, among other measures.

The package of changes also outlaws black magic, the promotion of contraception and expands laws relating to religious blasphemy.

An article on customary law has triggered concern that some sharia-inspired local by-laws could be replicated in other areas, reinforcing discrimination against women or LGBT groups.

Citizens could face a 10-year sentence under the bill for associating with organisations that follow Marxist-Leninist ideology and a four-year sentence for spreading communism.

The bill also restores a ban on insulting a sitting president and vice president, state institutions and national ideology.

Indonesia’s new criminal code maintains that abortion is a crime, but it adds exceptions for women with life-threatening medical conditions and for rape survivors, provided that the foetus is less than 12 weeks old.

The code would also preserve the death penalty within the criminal justice system, but it would be imposed alternatively with a probationary period.

This means a judge cannot immediately impose a death sentence.

If, within a period of 10 years, a convict behaves well, then the death penalty is changed to life imprisonment or 20 years’ imprisonment.

## How would it work?

Unmarried couples can only be prosecuted if they’re reported by a spouse, parents or their children.

In 2019, about 16.11 million tourists visited Indonesia, and all visitors would be subject to the new code when it is enacted.

Professor Butt said the code would apply everywhere in Indonesia, including Bali.

“It would be applicable to tourists,” he said.

“It is unlikely, in practice, to affect tourists travelling to Indonesia, provided that no such complaints are made to Indonesian police.”

Professor Butt said there was also a provision on “immoral acts”.

“This might extend to public affection between people of the same gender,” he said.

Until the code is enacted in its final form, it is somewhat difficult to know what exactly will change, but Professor Butt said the latest version he had seen, early last month, “had many controversial aspects”.

“The main one is that sex outside of marriage is a criminal offence,” he said.

“This prohibition applies to intercourse with someone who is not one’s husband or wife, so it appears to apply to any people who are unmarried or those who are married but have sex with someone who is not their spouse.”

Current laws only prohibit a married person from having sex with someone who is not their husband or wife.

“It is important to note, however, that police cannot proceed with investigating adultery or cohabitation without a complaint,” Professor Butt said.

“And not just anyone can make a complaint.”


 
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