Indonesia's Sweeping Criminal Code Overhaul Targets Sex Outside Of Marriage, Expands Blasphemy Laws

Indonesia has passed a new criminal code that outlaws sex outside of marriage, defamation of the president, and expands its laws against blasphemy.

The new laws, which apply to foreigners in the country as well, have been criticised by human rights activists who argue that they pose risks to the LGBTQ community and religious minorities.

Critics also say the new laws could damage Indonesia's reputation as a tolerant and secular nation.

In 2019, the Indonesian government tried to pass a similar draft law, but it was shelved by President Joko Widodo after protests from young people who argued that the law threatened their civil liberties.

The existing code, which dates back to 1918 when Indonesia was a Dutch colony, has been criticised as outdated.

In recent months, lawmakers who worked on the draft of the new criminal code in Indonesia consulted with human rights groups and added what they called "safeguards" to contentious articles.

Edward Omar Sharif Hiariej, Indonesia's deputy minister of law and human rights, said that the government tried to accommodate as many parties as possible, but acknowledged that the overhaul would not satisfy everyone.

"If there are citizens who feel that their constitutional rights have been violated, the door of the constitutional court is wide open for that," Hiariej told reporters last month, reports New York Times.

The bill was approved unanimously in Parliament on Tuesday (6 December).

Several factors contributed to the revival of the new criminal code in Indonesia, including a concerted effort by Islamic officials who have pushed for policy changes ahead of the next presidential election in 2024.

The current president, Joko Widodo, who is seen as a secular leader, is not up for re-election.

Tensions between religious and secular voters are a longstanding issue in Indonesian politics, and aspiring politicians often avoid criticising religious groups to avoid damaging their electoral prospects.

The push for the overhaul was reportedly backed by the country's Vice President Ma’ruf Amin, an Islamic cleric and former chair of the country's top Islamic scholars council. Amin has previously called for "stern regulations" on the sexual activities of homosexuals.

Under the new law, unmarried couples who "live together as a husband and wife" could be jailed for six months or face a maximum fine of 10 million rupiah ($710).

The new criminal code in Indonesia states that authorities will recognize "any living law" in the country, which could potentially include local Shariah regulations.

The code also expands the blasphemy law from one to six provisions, making it a criminal offense for the first time to "persuade someone to be a nonbeliever".