Indonesia bans premarital and extramarital sex, toughens penal code

Indonesia’s parliament on Tuesday approved legislative changes banning extramarital sex in a package of amendments to the penal code that critics say is taking back freedoms in the Asian country.

Human rights groups protested the changes, which they said were a blow to civil liberties and a shift towards fundamentalism in the world’s most populous Muslim-majority country.

“We tried our best to unite the important issues under discussion and divergent views,” Justice and Human Rights Minister Yasonna Laoly told lawmakers.

But the time has come to make a historic decision on changes to the Penal Code and to leave behind the colonial Penal Code that we inherited.”

This Southeast Asian country has been debating for decades a Penal Code reform dating back to its days as a Dutch colony.

one year in prison

Some of the more controversial provisions of the new law criminalize premarital and extramarital sex, as well as cohabitation between unmarried couples.

There are fears about how these new rules will affect the LGBTQIA+ community in Indonesia, where same-sex marriage is not allowed.

The article was also criticized by commercial organizations, who feared it could affect tourism. Officials insist that foreigners traveling to Bali will not be subject to this rule.

According to the text reached by AFP, sexual intercourse outside of marriage will be punishable by one year in prison. Meanwhile, unmarried couples living together face six months in prison.

Albert Aries, spokesman for the team responsible for this law at the Ministry of Justice and Human Rights, defended the changes and assured that these new rules would protect the institution of marriage.

Limited Range

It also noted that acts of premarital and extramarital sex could only be reported by the spouse, parents, or children, limiting the scope of the review.

For human rights groups, this law represents a moral control and a shift towards fundamentalism in a country whose constitution supports secularism and is widely praised for its religious tolerance.

“We’re going backwards (…). Repressive laws should have been repealed, but this law shows that the claims of academics abroad are true, our democracy is indisputably in decline,” Amnesty International’s Indonesia director told AFP. Osman Hamid.

Spreading ideology contrary to the official will also be punished with imprisonment of up to four years.

In another reform adopted Tuesday, the death penalty normally imposed in Indonesia for drug-related offenses will be combined with a 10-year probation period, after which it can be commuted to life imprisonment if the convicted person displays exemplary behavior.

Hundreds protested the law on Monday, raising yellow banners with the slogan “Refuse to ratify the revision of the Penal Code.”