Law to ban sex outside marriage

INDONESIA’S parliament approved legislation yesterday that would outlaw sex outside marriage in a move critics said was a huge setback to rights in the world’s most populous Muslim country.

After it was endorsed by all nine parties in a sweeping overhaul of the criminal code, deputy house speaker Sufmi Dasco Ahmad banged the gavel to signal the text was approved and shouted “legal”. A revision of Indonesia’s criminal code, which stretches back to the Dutch colonial era, had been debated for decades.

Rights groups protested against the amendments, denouncing them as a crackdown on civil liberties and political freedoms as well as a shift towards fundamentalism in Muslim-majority Indonesia, where the constitution recognises five religions alongside Islam.

“We have tried our best to accommodate the important issues and different opinions which were debated,” Minister of Law and Human Rights Yasonna Laoly told parliament.

“However, 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.”

The article criminalising sex outside marriage has been criticised by Indonesian business organisations as detrimental to tourism, though authorities insist foreigners travelling to Bali would not be affected.

The new code, which still needs to be approved by President Joko Widodo, will come into force after three years. Some of the most controversial articles criminalise extra-marital sex, as well as the cohabitation of unmarried couples. According to the text, sex outside of marriage will be punished with one year in prison while unmarried people living together could face six months in jail.

Albert Aries from the Law and Human Rights Ministry said the law would protect marriage institutions. Sex outside marriage could only be reported by a spouse, parents or children he said. US ambassador to Indonesia Sung Yong Kim said he was concerned about “morality clauses” in the criminal code that could have a negative impact on businesses.

Previous drafts had planned to make homosexuality illegal, but this has disappeared from the final text. However the new rules on adultery and cohabitation could also be used to criminalise the LGBTQ community in Indonesia, said Human Rights Watch, as the country does not acknowledge same-sex marriage.