New laws banning sex outside of marriage have been passed in Indonesia after lawmakers unanimously voted for changes to the criminal code on Tuesday.
Per CNN, the criminal code also bans couples from living together before marriage, rejecting religion or political beliefs (AKA apostasy) and insulting the president. Foreign residents and tourists will be subjected to these new laws alongside Indonesian locals.
Lawmaker Bambang Wuryanto confirmed the draft changes will be made into law and said the old criminal code was “no longer relevant”.
Critics have slammed the criminal code for threatening human rights and freedoms in the Southeast Asian country.
Executive director of Amnesty International Indonesia Usman Hamid said the code should never have been passed in the first place.
“What we’re witnessing is a huge setback to Indonesia’s hard-won progress in protecting human rights and fundamental freedoms after the 1998 revolution,” he said in a statement.
“Outlawing sex outside marriage is a violation of the right to privacy protected under international law. Such ‘morality’ provisions could even potentially be misused to criminalize victims of sexual assault or to target members of the LGBTI community.
“Consensual sexual relationships should not be treated as a criminal offence or a violation of ‘morality’.”
People caught having sex outside of marriage can be punished by up to one year in jail under the new laws. However, only certain people such as close relatives can report someone suspected of having non-marital sex.
Though lawmakers passed the new criminal code this week, it will take three years before the laws are in full effect.
As pointed out by 9Honey on Saturday, there’s a chance tourists might have some level of protection. But it’s v important to note that the laws do apply for both Indonesians and foreign travellers. Deffo something important to keep in mind if you’re planning a holibob any time soon.
Deputy chairperson of Indonesia’s Employer’s Association, Shinta Widjaja Kamdani, told Reuters the laws will impact businesses, including those focused on hospitality and tourism.
“For the business sector, the implementation of this customary law shall create legal uncertainty and make investors re-consider investing in Indonesia,” she said.
She reckoned the laws would “do more harm than good”.
But the country’s deputy Justice Minister Edward Omar Sharif Hiariej told Reuters they’re “proud to have a criminal code that’s in line with Indonesian values”.
The new criminal code has also been critiqued by Human Rights Watch’s Andreas Harsono.
“It will be a dark era for the millions of people in Indonesia,” he told UK publication The Telegraph.
Indonesia actually tried to introduce similar laws back in 2019 but they were met with widespread backlash, including protests.
At the time the Aussie government’s Smart Traveller site warned potential tourists about the proposed laws — though at the time of writing it doesn’t have any notices about the newly passed criminal code.
Maybe keep an eye out if you’re planning a trip any time soon.
