Parts of new Indonesian criminal code seem ‘incompatible’ with rights: UN

Published Thu, Dec 8, 2022 · 05:45 PM
    • Balloons are caught in barbed wire as activists protest after Indonesia's parliament overhauled the criminal code.
    • Balloons are caught in barbed wire as activists protest after Indonesia's parliament overhauled the criminal code. PHOTO: REUTERS

    PARTS of Indonesia’s revised criminal code appear “incompatible” with fundamental freedoms and human rights, the United Nations said on Thursday (Dec 8).

    The sweeping overhaul includes a ban on sex outside marriage and the cohabitation of unmarried couples, which activists have said are a major threat to the lesbian, gay, bisexual, transgender and queer (LGBTQ) community’s rights in Indonesia.

    There are also updates to offences related to blasphemy – already a crime in Muslim-majority Indonesia – while journalists could face punishment for publishing news “that could incite unrest”.

    The UN “notes with concern the adoption of certain provisions in the revised criminal code that appear to be incompatible with fundamental freedoms and human rights”, its office in Indonesia said in a statement.

    “Some articles have the potential to criminalise journalistic work and impinge upon press freedom,” it added.

    “Others would discriminate against, or have a discriminatory impact on, women, girls, boys and sexual minorities... and exacerbate gender-based violence, and violence based on sexual orientation and gender identity.”

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    Others risk “violating the rights to freedom of religion or belief, and could legitimise negative social attitudes towards members of minority religions or belief and lead to acts of violence against them”.

    The reforms will make it riskier for same-sex couples to live together openly in a country where they already face widespread discrimination and anti-LGBTQ regulations, activists said.

    The UN statement also flagged provisions that could lead to violence against religious minorities.

    It followed an expression of concern by the United States about the impact of the new criminal code on human rights and freedoms in Indonesia.

    The revised code, which still needs to be approved by President Joko Widodo, will come into force after three years. AFP

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