Protestors camped out and demonstrated outside the Indonesian parliament building ahead of the penal code revision vote. Image via YouTube. Indonesia’s parliament unanimously passed revisions to its penal code (RKUHP) on December 6, 2022, which many activists are calling draconian and undemocratic. While international media outlets have been largely focused on one provision that criminalizes sex before marriage, there are a number of other changes in the penal code overhaul that could harm citizens, choke free speech, erode privacy, and undermine democracy in the region and more broadly. The changes, part of a decades-long process to revise the colonial-era penal code implemented by the Dutch, were passed despite widespread domestic opposition and protests. Among the changes is a vague provision that makes it illegal to critique Indonesia’s president, flag, or any state institution or risk three years in prison. Many journalists say this may have a chilling effect on press freedoms and free speech. A coalition of local journalists’ groups, including the Alliance of Independent Journalists (AJI), protested across Indonesia in the days leading up to the vote and cited 19 provisions in the bill that would threaten press freedoms. Jurnalis Papua menyerukan penolakan atas rencana pengesahan RKUHP. Aksi berlangsung di Taman Imbi Jayapura dan kantor DPR Provinsi Papua pada Senin (5/12/2022).#SemuaBisaKena #TolakRKUHP #JurnalisTolakRKUHP #TundaSebelumTuntas pic.twitter.com/U9pV5ir9lg — AJI Indonesia (@AJIIndonesia) December 5, 2022 Action Call: 1/2 Friends, today several City AJI branches simultaneously held a campaign to #RejectRKUHP. At 11 a.m. WIB, the online action #JurnalisRejctRKUHP will also take place via zoom & can be watched on AJI Indonesia's YouTube. This is a thread containing AJI's actions in several regions. #EveryoneCanbeEffective 2/2 Papuan journalists call for rejection of the planned ratification of the RKUHP. The action took place at Taman Imbi Jayapura and the Papua Province DPR office on Monday (5/12/2022). #EveryoneCanBeEffective #RejectRKUHP #JournalistsRejectRKUHP #DelayBeforeItsCompleted Beh Lih Yi, Asia program coordinator for the Committee to Project Journalists, released a statement calling on Indonesian President Joko Widodo (Jokowi) to reverse the revisions. President Joko Widodo and the Indonesian legislature must reverse course and revise the country’s new criminal code, which poses a severe threat to press freedom. This code marks a significant setback for Indonesia as the world’s third-largest democracy, and could cause members of the press to be jailed for simply reporting the news. The law also makes it illegal to express any ideologies that contradict Indonesian values (Pancasila), requires people to obtain a permit before protesting, prohibits the promotion of contraception to minors, and broadly bans “fake news.” Additionally, abortion is banned, except in cases of rape, and “black magic” is criminalized, along with Marxism and communism. Despite the criticism and public backlash, some of Indonesia’s conservative ministers are proudly standing by the law. Indonesia’s deputy justice minister Edward Omar Sharif Hiariej told Reuters, “We’re proud to have a criminal code that’s in line with Indonesian values.” The reforms represent a significant backstep for the world’s third-largest democracy, as it mirrors policies and laws that have been adopted by authoritarian regimes around the world. While the new criminal code is rife with threats to democracy, one of the most controversial changes is the criminalization of cohabitation and sex before marriage through the bill’s morality clause. After a barrage of criticism, officials clarified that morality clause violations can only be reported by close relatives, such as a parent, sibling, or spouse. Those who are found guilty of violating the morality clause could face up to a year in prison. Activists say the law is particularly dangerous to LGBTQ+ people as it puts them at the mercy of family members who may not support their sexual orientation or identity. While it is too early to tell how the new law will play out on the ground, laws such as this can lead to extortion, blackmail, revenge reporting, and more, according to Human Rights Watch (HRW). While officials initially emphasized that the law would be applicable to foreigners and locals alike, they have since walked back their language and assured tourists they don’t need to be concerned with the law. This seems to indicate there could be a double standard based on people’s citizenship status — one rule for locals, another for foreigners.
Environment Brief
Indonesia’s new penal code revisions don’t just threaten sexual freedoms
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