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Indonesia passes criminal code banning sex outside marriage

Indonesian lawmakers unanimously passed a sweeping new criminal code on Tuesday that criminalizes sex outside marriage, as part of a tranche of changes that critics say threaten human rights and freedoms in the Southeast Asian country.

The new code, which also applies to foreign residents and tourists, bans cohabitation before marriage, apostasy, and provides punishments for insulting the president or expressing views counter to the national ideology.

“All have agreed to ratify the (draft changes) into law,” said lawmaker Bambang Wuryanto, who led the parliamentary commission in charge of revising the colonial-era code. “The old code belongs to Dutch heritage … and is no longer relevant.”

The world’s largest Muslim-majority nation, Indonesia has seen a rise in religious conservatism in recent years. Strict Islamic laws are already enforced in parts of the country, including the semi-autonomous Aceh province, where alcohol and gambling are banned. Public floggings also take place in the region for a range of offenses including homosexuality and adultery.

The changes to the criminal code have not only alarmed human rights advocates, who warned of their potential to stifle personal freedoms, but also travel industry representatives – who worried about their potential effect on tourism.

In a news conference, Tuesday, Law and Human Rights Minister Yasonna Laoly said it wasn’t easy for a multicultural and multi-ethnic country to make a criminal code that “accommodates all interests.”

The new code, which also applies to foreign residents and tourists, bans cohabitation before marriage, apostasy, and provides punishments for insulting the president or expressing views counter to the national ideology.

“All have agreed to ratify the (draft changes) into law,” said lawmaker Bambang Wuryanto, who led the parliamentary commission in charge of revising the colonial-era code. “The old code belongs to Dutch heritage … and is no longer relevant.”

how the laws would be policed.

“Should we ask (overseas unmarried couples) if they are married or not? Do tourist couples have to prove that they are married?” he asked.

Putu said the laws could be “counterproductive” to any efforts to entice tourists back to the island.

“If these laws are really implemented later, tourists might be (subjected) to jail and this will harm tourism,” he said.

 

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