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Indonesia to criminalize sex before marriage

Indonesia to criminalize sex before marriage

 


SECOND TRIAL:
An overhaul of the penal code is expected this month, after a similar move was thwarted in 2019 by large-scale protests in the Muslim-majority country.

Indonesia’s parliament is expected to pass a new penal code this month that would criminalize sex outside of marriage with up to a year in prison, officials said.

The legislative overhaul would also prohibit insulting the Indonesian president or state institutions and expressing views contrary to the country’s state ideology.

Cohabitation before marriage is also prohibited.

Photo: AP

After decades of drafting, the new penal code is expected to be adopted on December 15, Indonesian Deputy Justice Minister Edward Omar Sharif Hiariej said.

We were proud to have a penal code in line with Indonesian values, he told Reuters in an interview.

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

Photo: Reuters

The code, if passed, would apply to Indonesian citizens and foreigners alike, with business groups worrying about the damage the rules could have on Indonesia’s image as a vacation and leisure destination. ‘investment.

The bill has the backing of some Islamic groups in a country where conservatism is on the rise, although opponents say it reverses liberal reforms enacted after former Indonesian President Suharto resigned in 1998 after leading the country for 31 years.

A previous draft code was due to pass in 2019 but sparked nationwide protests. Tens of thousands of people at the time demonstrated against a series of laws, particularly those meant to regulate morality and free speech, which they said would curtail civil liberties.

Critics say minimal changes to the code have been made since then, although the government has in recent months held public consultations to provide information on the changes.

Some changes have been made, including a provision that could allow the death penalty to be commuted to life imprisonment after 10 years of good behavior.

The criminalization of abortion, with the exception of rape victims, and imprisonment for black magic, remain in the code.

According to the latest draft dated Thursday last week, sex outside marriage, which can only be reported by limited parties such as close relatives, carries a maximum sentence of one year in prison.

Insulting the president, a charge that can only be reported by the president, carries a maximum sentence of three years.

Indonesia, the most populous Muslim-majority country in the world, has hundreds of local-level regulations that discriminate against women, religious minorities, and LGBT people.

Just weeks after Indonesia chaired a G20 meeting that saw its position elevated on the world stage, business representatives say the draft code sends the wrong message about Asia’s biggest economy from the South East.

For the business sector, the implementation of this customary law will create legal uncertainty and cause investors to reconsider their investments in Indonesia, said Indonesian Employers Association Vice President Shinta Widjaja Sukamdani.

Morality clauses would do more harm than good, especially for companies engaged in the tourism and hospitality sectors, she said.

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