Sometimes we talk about a country taking a wrong step on human rights, but Indonesia’s new criminal code is more like a huge leap.
Backwards.
Off a cliff.
There are so many things wrong with the new criminal code parliament passed on Tuesday, I hardly know where to begin. Its provisions go against international human rights law, undermine freedom of speech and association, and violate the rights of women, religious minorities, LGBT people... the list goes on.
My colleague and Indonesia expert Andreas Harsono says, the new law potentially puts “millions of people in Indonesia subject to criminal prosecution.”
Perhaps what’s gained most international attention, is the provision that makes consensual sex outside marriage a criminal offense. It’s a full-scale assault on the right to privacy, allowing authorities to intrude into the most intimate decisions of individuals and families.
Indonesia has millions of couples without marriage certificates – as many as half of all Indonesian couples do not marry legally because of difficulties in registering the marriage.
They include members of hundreds of unrecognized religions, like Baha’i, Ahmadi, and local faiths, as well as people living in remote regencies and islands. And under Indonesian law, LGBT people are not permitted to get married at all.
So, now all these millions of people are suddenly breaking the law?
You might think the new criminal code is so vastly abusive as to be unworkable. Surely, they can’t arrest millions of people.
True, but it will “work” in one way at least: it will boost corruption and repression.
The new law’s oppressive provisions will open the door to invasions of privacy that will enable police to extort bribes and politicians to harass critics and opponents.
As Andreas says: “Passage of this criminal code is the beginning of an unmitigated disaster for human rights in Indonesia.”