Why 'No sex outside marriage' is only the tip of Indonesia's bonkers criminal law revision

It was decades in the making and it has finally been passed in the Indonesian parliament. Tuesday saw the House of Representatives of the archipelagic nation pass the Bill to Revise the Criminal Code (RKUHP). The newly revised penal code with many revisions and introductions has been an attempt by the legislation to outlaw the current criminal code that has been heavily influenced by its past Dutch colonial rule. Indonesian minister of Law and Human Rights Yasonna Laoly addressed the parliament and said, "It is time for us to make a historical decision on the penal code amendment and to leave the colonial criminal code we inherited behind.” 

Lawmakers and ministers celebrated the passage of the new bill while protests intensified outside parliament stating that the new laws are designed to curb political freedom and are a massive shift towards conservatism. The bill has been discussed in some form or the other since Indonesia first established itself as an Independent nation. Including current Indonesian President Joko ‘Jokowi’ Widodo, seven Presidents have deliberated on the possibility of a full overhaul of the criminal code of the country. Suffice to say, it is being touted as the crowning achievement of the Jokowi administration. 

The complete overhaul of the penal code has raised concerns amongst some countries and human right organisations, apart from a young generation in Indonesia that is seeing this as an appeasement to religious and conservative hardliners. Press organisations have also highlighted it as a serious attempt to curb press freedom as the introduced misinformation laws against fake news are being described as “open to interpretation”. The main concern being that it will allow a certain section of the country to single out and target activists and dissenters in an unfair manner.

What are the “controversial” laws under Indonesia's RKUHP and some exceptions?

Insulting Indonesia's President and Vice President:

The RKUHP states that insulting the President or the Vice President of Indonesia is a punishable offence with a prison time of up to three years. Although, in an attempt to protect freedom of speech, only the head of state can file a complaint against the offender. In most of the revised laws there are provisions for the exemption of special cases.

Blasphemy (Religion)

Traditionally, religious blasphemy against Indonesia’s six recognised religions (Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism) have been punishable by up to three years in prison or five years if carried out online. RKUHP has expanded the punishments making it five years in prison for anyone who disrupts a religious service or meeting held by devotees of the recognised religions. People who promote atheism may also be jailed for up to two years and those who use violence to advocate atheism may face four years of jail time. 

Insulting state symbols of the government, military etc.

State symbols are described as logos and flags that encompass institutions like the government, parliament, police and the military, among others. The new bill states that offenders may face up to one and a half years in prison for insulting state symbols and up to three years if one attempts to incite any unrest with their actions. Only the offended party can file a police complaint against the offender. 

Fake news and unverified information

The revised code states anyone (including the media) who deliberately spreads fake news that leads to public unrest may be subject to prison time of six years and a fine of 500 million Indonesian Rupiah (approximately USD 13,000). Offenders who share unverified information that directly leads to public unrest may also be jailed for two years and fined 10 million Indonesian Rupiah (approximately USD 700). This revision is being criticised heavily by press organisations as the structure of the law is in a grey area.

Treason

Conspiring to commit treason against Indonesia’s sovereignty will be punishable by jail time of 12 years with the option of life imprisonment or the death penalty. Overthrowing the government has also been criminalised with a prison time of 12 years. The instigator of such a movement may be jailed for 15 years. 

Sex outside marriage

The amended code says sex outside marriage is punishable by a year in jail but adultery charges must be based on police reports lodged by a spouse, parents or children. The old law focused on adultery as sex between a man and someone who was not the man’s wife. The sentence in the previous law was nine months as compared to the newly introduced one year. Unmarried couples have been targeted in the revised law. 

Cohabitation by unmarried partners

The RKUHP states that cohabitation (live-ins) is a crime punishable by up to six months in prison with only a family member being able to lodge a police complaint. Concerns have been registered about the working of this law as they may be used to target the LGBTQ+ community in Indonesia. While identifying as LGBTQ+ is not illegal, gay marriage is forbidden, potentially making the cohabitation 'crime' dangerous for the community. 

Corruption

Charges of corruption, which are now punishable by four to 20 years in prison, have been subject to a relaxation of a prison time to two to 20 years. The proposal is also to reduce the fine currently at 200 million Indonesian Rupiah to 10 million Indonesian Rupiah.

Contraception

Promotion of contraception among children may be fined by 1 million Indonesian Rupiah. Healthcare, education, family planning professionals and field experts are exempt from this rule. 

Death Penalty not abolished

Despite calls from human rights groups to abolish the death penalty in Indonesia, the RKHUP has stated that the capital punishment will continue to persist. To tackle concerns, legislators have introduced some amendments to the punishment. After imposition, a probationary period of 10 years will begin where the death penalty may be commuted down to life imprisonment or other short-term punishments according to the behaviour of the concerned convict.

Police permit to protest, 'Communism', 'Voodooism' and other revisions

Other changes in the revised law include protesting with a mandatory police permit, a failure to do so would land the offender in jail for six months. Citizens can also face a 10-year prison term for associating with organisations that follow Marxist-Leninist ideology and a four-year sentence for spreading communism. Teaching such ideologies may lead to a 15-year prison time if they lead to public unrest that results in deaths. Voodooism has also been highlighted in the law stating that anyone who offers false hope through black magic which results in mental or physical suffering may be failed for up to 1.5 years with an increase in sentence if the offender practises voodooism as their main livelihood. 

Do those who don't agree have a recourse?

The new laws are expected to be challenged in court as many citizens continue protesting outside the parliament in Jakarta. After any changes and/or ratifications to the revised penal code, a process which lawmakers say will take at least three years, the passed bill will be presented to President Widodo. RKUHP will come into effect as law once Jokowi signs off on this, with experts commenting that he will be more than willing to do so. 

Image: Indonesian Law and Human Right Minister Yasonna Laoly (left), poses for the media with Deputy House Speaker Sufmi Dasco Ahmad (centre) during a session ratifying the country's new criminal code at the parliament building in Jakarta, Indonesia. (December 6, 2022) | AP