Indonesia passes criminal code banning sex outside of marriage

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Indonesia's parliament has approved a new criminal code that will make sex outside of marriage punishable by up to a year in prison.

It is part of a raft of changes that critics say erode people's rights.

The new criminal code will not come into effect for another three years and also includes a ban on insulting the president and speaking out against state ideology.

Protesters staged small rallies outside the parliament in Jakarta this week.

The code - which will apply to both Indonesians and foreigners - includes several "morality" laws which make it illegal for unmarried couples to live together and have sex.

Rights groups say this disproportionately affects women, LGBT people and ethnic minorities in the country.

A person's partner or parents can report them for the offence of having sex outside of marriage. Adultery will also be an offence for which people can be jailed.

Rights activists say the new code also suppresses political expression and clamps down on religious freedom.

There are now six blasphemy laws in the code, including apostasy - renouncing a religion. For the first time since its independence, Indonesia will make it illegal to persuade someone to be a non-believer.

New defamation articles also make it illegal for people to insult the president or express opinions against the national ideology.

However legislators said they had added defences for free speech and protests made in the "public interest".

Still, Human Rights Watch on Tuesday said the new code's provisions were a "disaster" for human rights.

The rights group's Asia Director Elaine Pearson told the BBC it was a "huge setback for a country that has tried to portray itself as a modern Muslim democracy."

The group's Jakarta-based researcher, Andreas Harsano, said there were millions of couples in Indonesia without marriage certificates "especially among Indigenous peoples or Muslims in rural areas" who had married in specific religious ceremonies.

"These people will be theoretically breaking the law as living together could be punished up to six months in prison," he told the BBC.

He added that research from Gulf states, where there are similar laws governing sex and relationships, showed women were punished and targeted by such morality laws more than men.

Analysis box by Jonathan Head, South East Asia correspondent
Indonesia is not a secular state. Atheism is unacceptable - technically you need to follow one of five prescribed religions. So it is a multi-religious state with an official ideology, Pancasila, which prioritises no faith over any other. That was Indonesia's post-independence leader Sukarno's idea, to discourage large parts of the archipelago where Muslims are not a majority from breaking away.

But since the fall of Suharto - who ruthlessly suppressed political Islamic groups - there has been growing mobilisation around Islamic values, the sense that Islam is threatened by outside influences and more conservatism in many areas of the island of Java, where more than half of Indonesians live. Political parties have responded to this and demanded tougher laws to police morals.

Current leader Jokowi is from the syncretic Javanese tradition that adheres to a more flexible form of Islam, but his main preoccupation is his legacy of economic development rather than tolerance and liberal values. He has shown, for example in the jailing of former Jakarta governor Ahok on blasphemy charges, that he's willing to give hardline Muslims some of what they want.

Indonesia is home to several religions but the majority of its 267 million people are Muslim. Since the country's democratic transition in 1998, it follows a creed known as Pancasila, which does not prioritise any faith but does not accept atheism. However, local law in many areas of the country is informed by religious values.

Some parts of Indonesia already have strict religion-based laws on sex and relationships.

The province of Aceh enforces strict Islamic law and has punished people for gambling, drinking alcohol and meeting members of the opposite sex.

Many Islamic civil groups in Indonesia have been pushing for more influence in shaping public policy in recent years.

Lawmakers on Tuesday praised the achievement of passing a new criminal code, one which had not been thoroughly revised since Indonesia became independent from Dutch rule.

A previous draft of the code was set to be passed in 2019 but sparked nationwide protests with tens of thousands taking part in demonstrations.

Many, including students, took to the streets and there were clashes with police in the capital Jakarta.

BBC
 
They sneakily passed below law as well:

“provides punishments for insulting the president or expressing views counter to the national ideology.”

https://www.cnn.com/2022/12/05/asia/indonesia-new-code-passed-sex-cohabitation-intl-hnk/index.html

also why is this particular law implemented on foreigners? Isn’t tourism huge in Bali?
 
Not saying sex outside marriage doesn't happen among Indonesian Muslims but its very rare especially compared to western countries.
Prostitution is everywhere. To say Muslims visit prostitutes less is absurd. What’s going on in Bahrain, dubai.
 
Prostitution is everywhere. To say Muslims visit prostitutes less is absurd. What’s going on in Bahrain, dubai.

All cultures have some sort of prostitution but where it is legal or allowed openly, its obviously taken up more.

Or are you going to provide another survey similar to what you stated, all societies have the same amount of gay people ?
 
Its a good law for the society.

Here in the UK the divorce rate is near 50%. Single mothers are common. Kids not knowing their real dad is not rare.

If you want to be with someone else, get divorced , which is allowed in Islam.
 
Well done, Indonesia.

Sex outside marriage is a cheap and classless act. I compare it to The Hundred format.
 
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I have never said the sex workers in the muslim world are the highest percentage. But it's no fairy tale that some people are saying. I can also produce many articles saying otherwise. The situation is not as rife as SOME other countries But it aint Iceland , Sweden or Norway either.
 
I have never said the sex workers in the muslim world are the highest percentage. But it's no fairy tale that some people are saying. I can also produce many articles saying otherwise. The situation is not as rife as SOME other countries But it aint Iceland , Sweden or Norway either.

You are the one who brought up prostitution otherwise this thread is about sex outside marriage and the facts are as follows.

94 % of Indonesian Muslims are against sex outside marriage.

Muslims by far have the least sex outside marriage out of all religious groups.
 
You are the one who brought up prostitution otherwise this thread is about sex outside marriage and the facts are as follows.

94 % of Indonesian Muslims are against sex outside marriage.

Muslims by far have the least sex outside marriage out of all religious groups.
If 94 percentage were not in favor of sex outside of marriage. Then prostitution would not be so rampant in Indonesia. That’s my point. 94 percent saying that is worthless. I bet the percentage in Saudi Arabia would be the same but look at saudis in Bahrain and you would doubt that also. That’s piety that’s talking.
 
If 94 percentage were not in favor of sex outside of marriage. Then prostitution would not be so rampant in Indonesia. That’s my point. 94 percent saying that is worthless. I bet the percentage in Saudi Arabia would be the same but look at saudis in Bahrain and you would doubt that also. That’s piety that’s talking.

Still the vast majority of Indonesian Muslims don't indulge in prostitution or sex outside marriage.
 
Overall this is good for the muslims in Indonesia.

What about the non-muslims in Indonesia for whom sex outside marriage is not a religious taboo? Does the state extending this law to non-muslims curtail their rights?
 
Overall this is good for the muslims in Indonesia.

What about the non-muslims in Indonesia for whom sex outside marriage is not a religious taboo? Does the state extending this law to non-muslims curtail their rights?

Not only to them they are extending it to tourists as well, and they have also put in below vague law, very sneaky from Indonesia this.

“provides punishments for insulting the president or expressing views counter to the national ideology.”
 
Overall this is good for the muslims in Indonesia.

What about the non-muslims in Indonesia for whom sex outside marriage is not a religious taboo? Does the state extending this law to non-muslims curtail their rights?

Shariah doesn't apply to Non-muslims, so I agree that this law shouldn't apply to the non-muslim citizens or residents of Indonesia.
 
Overall this is good for the muslims in Indonesia.

What about the non-muslims in Indonesia for whom sex outside marriage is not a religious taboo? Does the state extending this law to non-muslims curtail their rights?

Non-Muslims can do it without publicizing it perhaps.

Public display of affection should result in infraction.
 
Non-Muslims can do it without publicizing it perhaps.

Public display of affection should result in infraction.

No that would not be fair to the non-muslims. Essentially non-muslims are forced to do illegal acts due to this law being extended to them, and if the solution is for them to practice their rights discreetly.

As much as I like this being implemented for muslims I think it is unfair for non-muslims. I mean, we already see how unfair (and ridiculous) it is with India extending beef ban throughout the country (or most parts of India) even though it has nothing to do with muslims. Most of us erupted (and continue to erupt) in anger for that so let's call a spade a spade here.

Pakistan has set a good example here (alcohol permits for non-muslims) and Indonesia should have followed that example when it comes to this law. Extending it for all faiths (and also to tourists) is a bit too draconian IMO.
 
Not only to them they are extending it to tourists as well, and they have also put in below vague law, very sneaky from Indonesia this.

“provides punishments for insulting the president or expressing views counter to the national ideology.”

The proposed law will only be enforced if a complaint is made by either the parents of people shacking up together before marriage, or by a spouse that has been cheated on.

Tourists will be ok in practice. Same situation as the middle east previously.
 
Good decision. Islam forbids such illicit acts then why are so many Muslim's complaining about it?. Moreover I don't see why the west always cries about human rights when it has nothing to do with them.
 
Indonesia depends on tourism. Tourism will take a hit if this is finally implemented in 3 years . Which I doubt. Will be reversed in a year or so down the line.
 
There is a great book by V.S Naipaul ,Among the Believers. It touches on Indonesia in it. Very interesting read
 
Indonesia depends on tourism. Tourism will take a hit if this is finally implemented in 3 years . Which I doubt. Will be reversed in a year or so down the line.

Tourism will be fine, this law is is here to stay.
 
How can you ban sex outside marriage? Are the police going to spy on who is sleeping with whom? :facepalm:

The intrusiveness of certain laws on peoples lives is ridiculous. If someone does not like a cheating spouse, they can get a divorce. Not arrest them for having sex. Laughable law.
 
How can you ban sex outside marriage? Are the police going to spy on who is sleeping with whom? :facepalm:

The intrusiveness of certain laws on peoples lives is ridiculous. If someone does not like a cheating spouse, they can get a divorce. Not arrest them for having sex. Laughable law.

Can you not read or is that just a general issue with our friends from across the border these days?
 
I'm saying it again - This law is reasonable for muslims BUT also directing against non-muslims is bad.

If you are supporting this law blanketing all people then you should not complain about India's beef ban, else you are being a hypocrite.

Indonesia should have done what Pakistan has done when it comes to alcohol laws.
 
I'm saying it again - This law is reasonable for muslims BUT also directing against non-muslims is bad.

If you are supporting this law blanketing all people then you should not complain about India's beef ban, else you are being a hypocrite.

Indonesia should have done what Pakistan has done when it comes to alcohol laws.

Its ok for personal issues like dietary issues to have seperate laws.

But it takes two to tango ( or commit adultery).

What if both participants are from different religions? It will make enforcing punishment difficult.
 
I'm saying it again - This law is reasonable for muslims BUT also directing against non-muslims is bad.

If you are supporting this law blanketing all people then you should not complain about India's beef ban, else you are being a hypocrite.

Indonesia should have done what Pakistan has done when it comes to alcohol laws.

In Pakistan the alcohol law is not enforced. If a muslim wants to drink alcohol he can without any problem. Its a symbolic law. In India on the other hand Muslims can go to jail for eating beef. So not really comparable.
 
In Pakistan the alcohol law is not enforced. If a muslim wants to drink alcohol he can without any problem. Its a symbolic law. In India on the other hand Muslims can go to jail for eating beef. So not really comparable.

Please read and understand what I was trying to say since you seem to have misunderstood my point. I was NOT comparing or equating India's beef ban with Pakistan's alcohol law, I was stating quite the contrary actually.

Indonesia's current blanket ban of premarital sex for ALL religions is as bad as India's beef ban for all religions.

What Indonesia should have done is followed Pakistan's good example where they banned alcohol for muslims but also gave space for other religions to follow their rights (to have alcohol).

I was just stating that Indonesia seemed to be following India's bad example while it should be following Pakistan's good example.
 
Its ok for personal issues like dietary issues to have seperate laws.

But it takes two to tango ( or commit adultery).

What if both participants are from different religions? It will make enforcing punishment difficult.

I'm pretty sure adding clauses to punish the muslim adulterer or both adulterers even if one is muslim could be an easy addition/modification. Punishing all religions by enforcing the majority religion's view is just a bad nuclear option. To me it reeks of Modi's India.
 
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