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Student protesters burn tyres during a protest against proposed legislation which would punish sex outside marriage, infringe on gay rights, limit free speech and weaken the country’s anti-corruption agency. Photo: AP

Indonesian couple fear proposed ban on extramarital sex will make them criminals

  • A new penal code to be discussed in Indonesia’s parliament would ban consensual sex outside marriage
  • This would mean a middle-aged couple, who have been together for 13 years in an unofficial marriage, could face jail time
Indonesia
After 13 years of happily unmarried life that has brought them three children, one middle-aged Indonesian couple is worried.
Their relationship is neither legal nor official, and a controversial new penal code to be discussed in Indonesia’s parliament could make them criminals by banning consensual sex outside marriage.
Although President Joko Widodo ordered parliament to delay a vote on the legal changes last month after street protests, Indonesians who could be affected are increasingly worried.

“If the government brings up the unofficial marriage issue again, it will be a problem and will burden our minds,” said the husband, who works as a porter at a clothes market.

Both he and his wife declined to be named because of the sensitivity of the issue in the world’s most populous Muslim-majority country, where conservatism has been on the rise.

The proposed revisions have raised fears in the tourism industry of the impact of a ban on extramarital sex, and Australia has even issued a pre-emptive warning to citizens.

But millions of Indonesians living in unofficial relationships could be more likely targets.

Unmarried couples who “live together as a husband and wife” could face six months in jail or a maximum fine of 10 million rupiah (US$710), the equivalent of three months’ salary for many Indonesians.

Millions may risk jail as Indonesia prepares to outlaw sex outside marriage

Like the couple who spoke to Reuters, they are often in “Siri” marriages that are accepted from a religious perspective but have never been registered.

“The lawmakers assess it as adultery,” said the wife, who works as a domestic helper. “[But] this is my responsibility to my God, in the eyes of the religion, or according to the religion, we have been officially united together.”

Indonesia’s Jokowi insists protests won’t stand in the way of reforms

One concern the couple has is financial: They are not unwilling to get married, they just cannot afford it.

“We will follow as long as the government lets us get married for free and provides documents to us,” the husband said.

This article appeared in the South China Morning Post print edition as: couple fear proposed ban on sex outside marriage would criminalise them
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