Indonesia Proposes Law Criminalizing Sex, Cohabitation Before Marriage

Indonesia Proposes Law Criminalizing Sex, Cohabitation Before Marriage
An Indonesian 21-year old Muslim woman is caned in public after being caught in close proximity with her boyfriend in Banda Aceh on Oct. 29, 2018. (Chaideer Mahyuddin /AFP/Getty Images)
Aldgra Fredly
12/4/2022
Updated:
12/4/2022

Indonesia has proposed a new criminal law that will penalize pre-marital sex and cohabitation between unmarried couples with imprisonment of up to a year, according to government officials.

Some Indonesian lawmakers said the draft criminal code could be passed by the parliament as early as next week. The new law will apply to both local citizens and foreigners if passed.

“We’re proud to have a criminal code that’s in line with Indonesian values,” Deputy Justice Minister Edward Omar Sharif Hiariej told Reuters on Friday.

The draft law underwent some revisions after a previous attempt to pass the law in 2019 sparked nationwide protests. The criminal code has been a contentious issue in Indonesia as many have argued that it would threaten civil rights.

The latest draft, a copy of which was seen by Reuters, includes provisions banning sex outside of marriage and living together before marriage.

Such offenses can only be reported by limited parties, such as the perpetrators’ close relatives, and those who are found guilty can face a one-year prison sentence.

The draft also includes a provision allowing individuals on death row to have their sentences commuted to life imprisonment after 10 years of good behavior.

The criminal code also forbids insulting the president, which is an offense that can only be reported by the president and carries a jail term of three years.

Abortion remains illegal under the draft law, except for rape victims. The use of black magic is also prohibited by the criminal code.

Indonesia, the world’s most populous Muslim-majority nation, has hundreds of regulations at the local level that target women and religious minorities.

Just weeks after Indonesia chaired a successful G20 meeting that saw its position elevated on the global stage, business sector representatives say the draft code sends the wrong message about Southeast Asia’s largest economy.

“For the business sector, the implementation of this customary law shall create legal uncertainty and make investors reconsider investing in Indonesia,” said Shinta Widjaja Sukamdani, the deputy chairperson of Indonesia’s Employers’ Association.

Reuters contributed to this report.