Indonesia’s revised Criminal Code raises fears for tourism and human rights
The new code, which will come into force in three years, bans sexual relations outside marriage. Residents fear that foreign visitors will stop coming to tourist resorts like Bali. Human rights advocates see it as oppressive against certain social groups, including journalists and religious minorities.
Jakarta (AsiaNews) – Many Indonesians fear that the country’s revised Criminal Code (KUHP),[*] which was approved by parliament on Tuesday, could have a negative impact on tourism and foreign investments.
Individual Indonesians and some international organisations, including the United Nations, have expressed concern, not only over Article 412, which criminalises unwed couples living together, but also over a series of laws that violate the rights of certain groups (women, journalists, religious minorities, and the LGBTQ+ community).
For some, Article 412, which makes consensual sex outside of marriage a criminal offence, could impact foreigners who visit Indonesia because anyone who does not present proof of marriage and shares a room risks facing prosecution.
Wayan, a tour guide in Denpasar, Bali, told AsiaNews that he does not like the new law, noting that it will have a negative impact on tourism and hotels. “I am afraid that foreign visitors will avoid the island because of moral and legal issues,” said the Bali resident.
The legislation will not come into force for three years, so many things could change.
Tjok Bagus Pemayun, head of Bali's tourism agency, concern expressed so far is excessive. For him, "business will go on as usual”.
It is unlikely that the state will interfere in private and personal matters. "There is no need for additional interpretations of the Criminal Code," Pemayun said.
Bali is a well-known tourist destination where a western lifestyle is widely tolerated. “There will be no difference between today and the next three years," he explained.
“Despite the KUHP, things won’t be different,” even though Australia requested more details about "moral" issues touched by the Criminal Code.
In September 2019, President Joko Widodo had proposed an amendment to the Criminal code, but was forced to postpone it following protests by various civil society groups.
Now, “In one fell swoop, Indonesia’s human rights situation has taken a drastic turn for the worse, with potentially millions of people in Indonesia subject to criminal prosecution under this deeply flawed law,” said Andreas Harsono, senior Indonesia researcher at Human Rights Watch
Among other things, the Criminal Code prevents women from receiving information about contraception, bans homosexual relations, strengthens blasphemy laws, and prohibits insulting the president and national institutions.
By contrast, Indonesia's Minister of Law and Human Rights, Yasonna Laoly, argues that the new code should be considered a masterpiece, replacing the existing one, adopted 104 years ago when the country was under Dutch colonial rule.
Still, he acknowledges that “It's not easy for a multicultural and multi-ethnic country to make a criminal code that can accommodate all interests.”
Responding on social media to US ambassador to Indonesia Sung Kim, who warned that foreign investors will soon leave the country, Minister Laoly explained that Article 412 and Article 413 on adultery have the sole purpose of guaranteeing the "sanctity" of marriage. People will be prosecuted only if there is a complaint by any of the parties.
[*] Kitab Undang-Undang Hukum Pidana Indonesia.
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03/06/2022 15:43
