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Indonesian groups decry ‘destruction of democracy’ as new criminal code curbs sex, free speech

  • Activists say the new code is another tool Jakarta could use to suppress dissent and free speech, supervise citizens’ private lives
  • Controversial changes are seen as setback for world’s third-largest democracy, but government says new code is ‘reformative, progressive’

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Activists hold up posters, which read “Reject the revised penal code” and “Revised criminal law shackles press freedom”, during a rally against Indonesia’s new criminal law in Yogyakarta on Tuesday. Photo: AP
Indonesia has passed into law a controversial criminal code that human rights activists and civil groups say could potentially send the world’s third-largest democracy back to authoritarian rule.
Articles viewed as problematic include bans on insulting the president, vice-president and state institutions, views that contradict the state ideology Pancasila, protests without a permit, sex outside marriage and non-marital cohabitation.

“Indonesia is moving towards a new authoritarian direction. Under Jokowi, there were a series of setbacks that led to the destruction of democracy itself,” said Muhamad Isnur, chairman of Indonesian Legal Aid foundation (YLBHI), referring to President Joko Widodo’s nickname.

02:39

Indonesia passes law banning premarital and extramarital sex

Indonesia passes law banning premarital and extramarital sex

Recent protests by civil groups outside the House of Representatives did not stop the bill from being unanimously passed into law on Tuesday, even as the Islamic-leaning Prosperous Justice Party (PKS) and Democratic Party said they had caveats about some articles.

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“It is within the people’s rights to criticise the government,” said PKS’ Iskan Qolba Lubis on the articles banning insults about the president. “I will bring these articles [for judicial review] to the Constitutional Court.”

Santoso from the Democratic Party appealed to the government to “guarantee the fulfilment of people’s rights” and ensure “the implementation of the criminal code will not harm society through regulations that have the potential to criminalise them”.

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Indonesia has been using a century-old Dutch-era criminal code even after independence in 1945. Since 1963, seven presidents including Widodo and 19 judicial ministers had attempted to create a fresh criminal code.

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