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Indonesia Passes Criminal Code Banning Sex Outside Marriage

December 6, 2022, 08.34 PM

KOMPAS.com - Lawmakers in Indonesia approved changes to the country's criminal code on Tuesday, Dec. 6, introducing a sweeping and controversial legal overhaul.

Critics urged Indonesia's House of Representatives not to ratify the package - which includes measures that can punish sex outside of marriage with prison time, and outlines prison sentences for couples who live together outside of wedlock.

Members of the House of Representatives approved the bill with support from all the major parties, amid flak from critics who say that it will threaten civic freedoms in the world's largest Muslim country.

Although the criminal code has been ratified, it will not go into effect for three years.

At present, Indonesia bans adultery but not premarital sex.

Much of criminal code can be traced back to colonial rule by Netherlands
"This has been 59 years in waiting," Edward Omar Sharif, Deputy Minister for Law and Human Rights, said.

Also readPresident Joko Widodo Signs Indonesia’s Controversial Job Creation Law

Under the bill, sex outside of marriage is punishable by one year in prison, and couples who live together out of wedlock could face six months in jail.

However, for police to be able to open a criminal probe into such acts, a family member should file a complaint.

From the time Indonesia declared independence from the Dutch, the revision of the criminal code has been a matter of discussion in the Southeast Asian nation.

"The old code belongs to Dutch heritage ... and is no longer relevant now," Bambang Wuryanto, head of the parliamentary commission in charge of revising the code, told lawmakers.

The contentious new laws will apply to Indonesians and foreigners alike.

Possible prison time for insulting the state, fomenting unrest, spreading fake news

They also include a ban on insulting the president or state institutions and expressing views deemed to be counter to state ideology.

The bill also calls for a maximum jail time of three years for anyone who "attacks the dignity" of the president or vice president.

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