Indonesia’s new penal code came into force this Friday (2), which replaces the criminal legislation that had been inherited from the Dutch colonial period. The new code now provides for prison sentences for adultery, cohabitation as a couple without being married, dissemination of “fake news” and “offenses” to the president and “State institutions”.
Called the Indonesian Penal Code (Criminal Code), the 345-page legislation was approved by the country’s Parliament in 2022 and came into force after a three-year transition period, according to the Associated Press.
According to the new code, the crime of adultery – characterized by sexual relations between a married person and someone other than their spouse – can result in up to one year in prison. The code also makes cohabitation between unmarried people a crime, even when both are single, providing for a penalty of up to six months in detention. As reported by the government, these processes can only proceed through a formal complaint presented by the spouse, parents or children, a mechanism that, according to the authorities, prevents the “arbitrary application” of the law and eliminates direct impacts on foreign tourists, the agency reported. Reuters.
The code also reestablishes the crime of “attacking the honor or dignity” of the president or vice president, with penalties of up to three years in prison. According to the Reutersthe opening of proceedings depends on a complaint filed by the authority involved, which the government points to as a “safeguard against abuse”.
The legislation also criminalizes the intentional dissemination of false news — so-called “fake news” — when it is considered capable of causing “social disorder”. In these cases, the new code provides for penalties of up to six years in prison. According to Associated Pressalthough the law establishes that “founded criticism” and “made in the public interest” against the government does not constitute a crime, human rights organizations warn that the broad wording of the legislation on “fake news” may allow discretionary use of the new criminal code to restrict freedom of expression and the activities of the independent press, especially in contexts of social tension.
Amnesty International classified Indonesia’s new penal code as a “setback” for civil liberties, as it could increase the risk of criminalization of opponents and critics of the government.
