CNN
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when indonesia passed controversial fix Earlier this month one aspect of its criminal code dominated the headlines more than anything else: the criminalization of sex outside of marriage.
Tourism industry figures warned that it would shy away from foreign visits and damage Indonesia’s global reputation.It welcomed up to 15 million international travelers a year before the pandemic, recently for the first time in history. It’s not a small problem for a country that has held the presidency of the G20.
Since then, officials have downplayed the possibility of tourists being charged, but hundreds of millions of Indonesians still face the possibility of up to one year in prison for the same crime. Rights activists warn that this is just the beginning of possible new legislation that threatens the personal and civil liberties of Indonesians. Indonesian officials, meanwhile, have defended the move as a necessary compromise in a democracy home to the world’s largest Muslim population.
The new law also criminalizes the cohabitation of unmarried couples and the promotion of contraception to minors, and bans abortion (except in rape and emergency medical cases when the fetus is less than 12 weeks old) and blasphemy.
It also limits the right of Indonesians to protest and makes it a crime to insult the president, members of his cabinet or national ideology.
Criminals face the prospect of prison terms ranging from months to years.
Human rights groups have sharply criticized the assessment.
“Indonesia’s human rights situation has deteriorated precipitously,” said Andreas Harsono, senior Indonesia researcher at Human Rights Watch.
“Potentially, millions of people will face criminal prosecution under this deeply flawed law. Its passage is the beginning of an unmitigated disaster for human rights in Indonesia.”
The creation of the new code also reflects the growing influence of conservative Islam in the politics of the world’s third largest democracy.
About 230 million of the 270 million who call this vast The diverse archipelago is home to Islam, although it also has a large number of Christian and Hindu minorities, and the country prides itself on a national ideology known as “Panchasila” that emphasizes inclusivity.
The constitution guarantees secular government and religious freedom, and criminal law is based largely on the secular code inherited from the former Dutch colonial rule. Sharia law – and Islamic principles influence some civil and local level ordinances.
But a more conservative form of Islam, once suppressed under former dictator Suharto, has emerged as an increasingly powerful force at the ballot box in recent years.
In the recent 2019 general election, President Joko Widodo sparked controversy, but in a move widely seen as a move to secure more Muslim votes, he voted for an older Islamist as his vice-presidential candidate. Chosen a cleric – Markh Amin.
Maruf’s appointment raised eyebrows among Widodo’s more moderate supporters, but helped to shelve a challenge from former army general Prabowo Subianto, who was allied with hardline Islamist groups. Some of these groups had already demonstrated their influence by leading large-scale protests to overthrow Jakarta’s governor, Basuki Chahaja Purnama, on charges of blasphemy.
The new criminal code, inherited from the Netherlands and unanimously passed by lawmakers belonging to multiple parties, reflects the growing influence of conservative Islam. Some conservative parties had called for even stricter rules, but previous proposals sparked massive street protests and were shelved after Widodo intervened.
Indonesian officials describe the new rules as a “compromise” and say they should reflect growing interest in the multicultural and multiethnic country.
Still, despite clearly having the support of many conservative voters, the new law has been criticized as a step back for civil liberties in a nascent democracy.
After declaring independence from the Netherlands in the 1940s, Indonesia was under the rule of the mighty for decades under first President Sukarno and later under military dictator Suharto. After Suharto’s downfall in 1998, the country entered a period of reform that embraced civilian rule, free speech, and a more liberal political environment.
Rights groups risk that the new legislation will undermine some of that progress by pandering to conservative religious votes at the expense of the country’s secular ideals and reinforcing discrimination against women and the LGBTQ community. They also fear that its long-term effects could corrode the democratic system itself, seeing jarring parallels with the country’s authoritarian past. .
Aspects of the Code related to insulting the president or national ideology have been exploited by officials to extort bribes, harass political opponents, and imprison journalists or anyone deemed critical of the government. they say it could be.
“It’s never a good idea for states to codify morality,” says Zachary Abza, a professor of Southeast Asian politics and security at the National War College in Washington, DC. “The new law gives states powerful tools to punish ideological, moral and political transgressions that endanger civil liberties.”
One political blogger, who asked to remain anonymous for fear of persecution under the new law, told CNN that he expected more online surveillance and censorship by authorities.
“The terminology isn’t clear. That’s what makes the code particularly scary and dangerous,” he said. “Everything is left to the government’s interpretation.”
He gave an example of someone liking a critical tweet about the president and asked if that was enough to put that person in jail.
“It boils down to who the government wants to prosecute,” said the blogger.
Officials say it will take at least three years for the revised law to take effect, so it is too early to predict how the new law will be implemented and enforced.
Much could depend on how happy more conservative voters are with the “compromise” code, or how angry those who protested in the streets against previous formulations are.
On the other hand, some people are skeptical. Whether legislators have made the mistake of listening only to the loudest voices in an attempt to win votes.
“There is a complex relationship between Islam, politics and society in Indonesia,” said Norshahril Saat, senior fellow at the ISEAS-Yusof Ishak Institute.
He pointed to a 2022 national survey commissioned by the institute in which more than half of respondents felt it was important to elect a Muslim leader, yet most respondents He made it clear that he was moderate and supported the idea of a secular state.
Norshahril cautioned against concluding that support for the new criminal law is evidence of a “conservative Islamic current”.
“While this could mean that the current list of elected politicians is conservative, it is likely in response to pressure from powerful conservative lobby groups.
More worryingly, “In Indonesia today, all political parties have unanimously agreed to criminalize these ‘sins’.”
