After decades of debating, drafting and redrafting, Indonesia parliament passed new Criminal Code in December 2022 replacing the old Criminal Code which Indonesia inherited from the Dutch colonial era. The new Code criminalises sex outside marriage and cohabitation of non-married couples (impacting LGBT+ people given that same-sex marriage is not recognised); bans insulting the President and Vice President; and reinforces existing blasphemy rules (on the need to follow one of six official religions). More positively, provisions also allow for the commutation of death penalty sentences. The law will come into force in three years (2025): well beyond General Election in early 2024.
British Council Comments:
- The size of Indonesia and complex structure of government (national government with national parliament sitting in the Capital while 37 Governors with provincial parliament sitting in 37 provinces plus 514 Mayor/Bupati with district parliament sitting in 514 districts/cities) make it difficult to predict if the new Code can be enforced consistently across the country. At this stage, enforcement of the new Code would be subject to implementation on the ground by the new government after the 2024 General Election
- It is expected that people will file petition to Constitutional Court for judicial review. According to Constitutional Court press release dated 24 January 2023, a lawyer has filed a petition asking Constitutional Court judges to review the new Criminal Code particularly clauses related to defamation. The National Commission on Human Rights also urges civil society to challenge the new Code if they feel that their rights as citizen will be impacted, reduced, or violated by the new Code. Whether Constitutional Court judges will side with people or government remains unclear at this point.
- Publicly criticising government, President or Vice President is already a delicate matter now. Recently Minister for Environment and Forestry banned four foreign researchers from entering Indonesia for criticising the ministry regarding the management of the national parks in a Jakarta Post article.
- FCDO travel advice for Indonesia has not been changed in respond to the new Criminal Code. UK researchers and academics are advised to check FCDO travel advice before traveling to Indonesia. https://www.gov.uk/foreign-travel-advice/indonesia
- We do not envisage disruption of travel by UK researchers and academics to Indonesia in foreseeable future. A lot could still happen during the three years “grace period” and after 2024 General Election. We will monitor the situation and updates accordingly.
Contact: ihe.indonesia@britishcouncil.or.id
Source: