Indonesia begins enforcing its newly ratified penal code, a major shift from the Dutch-era criminal law that governed the country for decades. The code introduces new penalties for sex outside of marriage, cohabitation, and insulting the president, sparking debate over human rights, religious norms, and transparency.
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Here's how to find light in the darkest monthsDemocrats are becoming a force in traditionally conservative The VillagesSave money, get organized, live better: Common New Year’s resolutions can also cut climate impactNebraska to ban soda and energy drinks from SNAP under first USDA waiverTrump administration rolls out rural health funding, with strings attachedGreece and Cyprus are welcoming 2026 without the bangPope opens 2026 with plea for peace in countries bloodied by war, families wounded by violenceEl alcalde Zohran Mamdani promete gobernar Nueva York"de manera abierta y audaz" Here's how to find light in the darkest monthsDemocrats are becoming a force in traditionally conservative The VillagesSave money, get organized, live better: Common New Year’s resolutions can also cut climate impactNebraska to ban soda and energy drinks from SNAP under first USDA waiverTrump administration rolls out rural health funding, with strings attachedGreece and Cyprus are welcoming 2026 without the bangPope opens 2026 with plea for peace in countries bloodied by war, families wounded by violenceEl alcalde Zohran Mamdani promete gobernar Nueva York"de manera abierta y audaz"Indonesian Law and Human Right Minister Yasonna Laoly, left, pose for the media with Deputy House Speaker Sufmi Dasco Ahmad, center, during a session ratifying the country’s new criminal code at the parliament building in Jakarta, Indonesia, Tuesday, Dec. 6, 2022. on Friday began enforcing its newly ratified penal code, replacing a Dutch-era criminal law that had governed the country for more than 80 years and marking a major shift in its legal landscape. Since proclaiming independence in 1945, the Southeast Asian country had continued to operate under a colonial framework widely criticized as outdated and misaligned with Indonesia’s social values. Efforts to revise the code stalled for decades as lawmakers debated how to balance human rights, religious norms and local traditions in the world’s most populous Muslim-majority nation.. At the time, then-U.S. State Department spokesperson Ned Price said the U.S. was “closely monitoring the revised criminal code” of its democratic partner. It criminalizes sex outside marriage, applies to citizens and foreign visitors, and reintroduces penalties for insulting the president and state institutions. It comes into force following a three-year transition period.Opponents said it contained articles that discriminated against minorities and that the legislative process lacked transparency. A parliamentary taskforce finalized the bill in November 2022 and lawmakers unanimously approved it a month later in what the government called a “historic step.” Deputy Law Minister Edward Hiariej has defended the reforms as a modernization effort that shifts Indonesia’s criminal justice paradigm toward corrective, restorative and rehabilitative justice. “The new criminal code prioritizes repairing harm and social reintegration, rather than relying solely on punishment,” Hiariej said during a briefing on the new penal code on Thursday, adding that these principles reflect values long embedded in Indonesian society. Alongside the KUHP, Indonesia is also preparing a new criminal procedural law, or KUHAP, aimed at addressing procedural inefficiencies and strengthening human rights protections. Together, the reforms represent a comprehensive overhaul of the justice system, Hiariej said.Under the amended code, sex outside marriage is punishable by up to one year in prison, while cohabitation carries a six-month sentence. However, adultery cases can only proceed following a complaint by a spouse, parents or children — a safeguard the government says prevents arbitrary enforcement, including against tourists. Rights groups remain skeptical. Human Rights Watch warned the morality-based provisions could lead to invasions of privacy and selective enforcement. The code also restores a ban on insulting a sitting president or vice president, state institutions and the national ideology. Cases must be reported by the president and carry penalties of up to three years in prison for “attacking the honor or dignity” of state leaders. Hiariej said the government has issued strict guidelines distinguishing criticism from criminal insult, but rights advocates argue the provisions threaten freedom of expression. Amnesty International Indonesia executive director Usman Hamid described the KUHP as “a significant blow” to civil liberties. “This overreaching criminal code will entrench obstacles to freedom of speech while criminalizing legitimate and peaceful dissent,” Hamid said, warning it could open the door to abuse of power. The new code also expands an existing blasphemy law, maintaining prison sentences of up to five years for deviations from the core teachings of Indonesia’s six officially recognized religions. It preserves penalties of up to 10 years for associating with Marxist-Leninist organizations and four years for spreading communist ideology.Some advocates welcomed lawmakers’ decision to drop a proposed article that would have criminalized gay sex, following opposition from civil society groups. The move was hailed as a rare positive outcome for Indonesia’s LGBTQ community. The revised code retains the death penalty, despite calls from rights groups to abolish capital punishment. However, it introduces a 10-year probationary period, after which death sentences may be commuted to life imprisonment or 20 years if the convict demonstrates good behavior. It also maintains a ban on abortion while formalizing existing exceptions for life-threatening medical conditions and pregnancies resulting from rape, provided the fetus is less than 12 weeks old.Legal experts say the KUHP reflects a fundamental change in how punishment is applied. Hiariej noted that public opinion still often favors harsh penalties, a mindset he described as rooted in outdated notions of retribution. “This is a legacy of the law of retaliation,” he said, contrasting it with modern systems that emphasize harm repair and reintegration. The Institute for Criminal Justice Reform said the code expands non-custodial sentences, including community service and supervision, and gives judges greater discretion to tailor penalties. ICJR executive director Erasmus Napitupulu said these measures could help ease prison overcrowding and better serve victims. He also praised the probationary mechanism for death row inmates as “an initial step toward eventually abolishing the death penalty in Indonesia.”
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