Indonesia’s new criminal code threatens freedom of expression and association, says critics

Indonesia’s new criminal code threatens freedom of expression and association, says critics

Jakarta: Indonesia's new criminal code introduces a slew of new laws, talking ill about the president and expressing any opinion contrary to state ideology is punishable under the new regulation.

The articles that ban insulting the president or state institutions, blasphemy, protesting without notification and spreading views deemed to run counter to Indonesia's secular state ideology have also raised fears about threats to freedom of expression and association.

Critics say that the laws will be used to police morality in the world's largest Muslim-majority country, which has seen a rise in religious conservatism in recent years.

The new law prohibits and criminalises physical relationship between couples before marriage and outside of marriage a crime punishable by up to a year in prison. Cohabitation is also prohibited between unmarried couples.

The law applies to foreigners, which some believe can scare away visitors, including those coming to the prime tourism destination of Bali.

An article on customary law has triggered concern that some sharia-inspired local bylaws could be replicated in other areas, reinforcing discrimination against women.

The new laws will apply to Indonesian citizens and foreigners alike but will not come into effect for another three years as implementing guidelines are drafted.

Weeks after hosting a successful Group of Twenty (G20) summit that reinforced Indonesia's position on the global stage, business groups say the new code threatens to damage the country's image as a tourist and investment destination.

Shinta Widjaja Kamdani, deputy chairperson of the Indonesian Employers' Association (APINDO), said the rules would do "more harm than good" and act a deterrent to investment.

Indonesia is also trying to entice foreign visitors back after the pandemic and the national tourism board described the new code as "totally counter-productive".

"We deeply regret that government have closed their eyes. We have already expressed our concern to the ministry of tourism about how harmful this law is," said Maulana Yusran, deputy chief of Indonesia's tourism industry board.

The bill's passage follows the cancellation of previous plans to pass a revised code in 2019 due to widespread street protests across the archipelago over the threat to civil liberties. President Joko Widodo intervened and halted the process.

In comparison, recent public opposition has been muted, and parliament has revised some of the articles, even though critics say the changes are insufficient and the bill's passage is a "huge setback" for Indonesia's young democracy.

Indonesia has been discussing revising its criminal code since declaring independence from the Dutch in 1945.

Deputy justice minister, Edward Omar Sharif Hiariej, told Reuters ahead of the bill's passage he was proud his country would have a criminal code "in line with Indonesian values" and it was time to move beyond its colonial-era laws.

Indonesia's population is predominantly Muslim but has sizeable groups of Hindus, Christians and people of other faiths. Most Indonesian Muslims practice a moderate version of Islam, but in recent years religious conservatism has crept into politics.

The new code was approved by all parties in parliament, which is dominated by a large government coalition, as well as Islamic parties and groups.

Indonesia's Law and Human Rights Minister Yasonna Laoly told parliament on Tuesday that "it's not easy for a multicultural and multi-ethnic country to make a criminal code that can accommodate all interests."

Source: Reuters

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