The China Mail - 'Serious threat': Indonesia legal reform sparks rights challenges

USD -
AED 3.672504
AFN 63.503991
ALL 83.192586
AMD 375.730804
ANG 1.790083
AOA 917.000367
ARS 1385.503978
AUD 1.450747
AWG 1.8
AZN 1.70397
BAM 1.693993
BBD 2.007535
BDT 122.298731
BGN 1.709309
BHD 0.376597
BIF 2960.807241
BMD 1
BND 1.28353
BOB 6.91265
BRL 5.255304
BSD 0.996752
BTN 94.473171
BWP 13.741284
BYN 2.966957
BYR 19600
BZD 2.004591
CAD 1.38985
CDF 2282.50392
CHF 0.795017
CLF 0.023433
CLP 925.260396
CNY 6.91185
CNH 6.92017
COP 3662.985579
CRC 462.864319
CUC 1
CUP 26.5
CVE 95.504742
CZK 21.309304
DJF 177.489065
DKK 6.492704
DOP 59.330475
DZD 133.010264
EGP 52.642155
ERN 15
ETB 154.083756
EUR 0.866104
FJD 2.257404
FKP 0.75231
GBP 0.750441
GEL 2.680391
GGP 0.75231
GHS 10.921138
GIP 0.75231
GMD 73.503851
GNF 8739.335672
GTQ 7.62808
GYD 208.64406
HKD 7.82615
HNL 26.46399
HRK 6.545204
HTG 130.656966
HUF 338.020388
IDR 16990.8
ILS 3.13762
IMP 0.75231
INR 94.782504
IQD 1305.703521
IRR 1313250.000352
ISK 124.760386
JEP 0.75231
JMD 156.892296
JOD 0.70904
JPY 160.28704
KES 129.470356
KGS 87.450384
KHR 3992.031527
KMF 428.00035
KPW 899.886996
KRW 1508.410383
KWD 0.30791
KYD 0.830627
KZT 481.867394
LAK 21678.576069
LBP 89256.247023
LKR 313.975142
LRD 182.893768
LSL 17.115586
LTL 2.95274
LVL 0.60489
LYD 6.362652
MAD 9.315751
MDL 17.507254
MGA 4153.999394
MKD 53.388766
MMK 2102.490525
MNT 3571.507434
MOP 8.042181
MRU 39.797324
MUR 46.770378
MVR 15.450378
MWK 1728.292408
MXN 18.122104
MYR 3.924039
MZN 63.950377
NAD 17.115586
NGN 1383.460377
NIO 36.680958
NOK 9.70286
NPR 151.156728
NZD 1.745963
OMR 0.38408
PAB 0.996752
PEN 3.472089
PGK 4.307306
PHP 60.550375
PKR 278.184401
PLN 3.72275
PYG 6516.824737
QAR 3.634057
RON 4.427304
RSD 101.684639
RUB 81.295743
RWF 1455.545451
SAR 3.752751
SBD 8.042037
SCR 15.03876
SDG 601.000339
SEK 9.47367
SGD 1.292704
SHP 0.750259
SLE 24.550371
SLL 20969.510825
SOS 569.659175
SRD 37.601038
STD 20697.981008
STN 21.220389
SVC 8.721147
SYP 111.824334
SZL 17.114027
THB 32.495038
TJS 9.523624
TMT 3.5
TND 2.938634
TOP 2.40776
TRY 44.440368
TTD 6.772336
TWD 32.044404
TZS 2571.564679
UAH 43.689489
UGX 3713.134988
UYU 40.344723
UZS 12155.385215
VES 467.928355
VND 26337.5
VUV 119.756335
WST 2.77551
XAF 568.149495
XAG 0.014291
XAU 0.000222
XCD 2.70255
XCG 1.796371
XDR 0.706596
XOF 568.149495
XPF 103.295656
YER 238.603589
ZAR 17.12001
ZMK 9001.203584
ZMW 18.763154
ZWL 321.999592
  • RBGPF

    -13.5000

    69

    -19.57%

  • CMSD

    -0.0900

    22.66

    -0.4%

  • RELX

    -0.1000

    31.97

    -0.31%

  • VOD

    -0.1400

    14.49

    -0.97%

  • RIO

    0.8500

    86.64

    +0.98%

  • CMSC

    -0.0500

    22.77

    -0.22%

  • NGG

    -0.4800

    81.92

    -0.59%

  • BCE

    -0.2200

    25.25

    -0.87%

  • GSK

    -0.1000

    53.84

    -0.19%

  • RYCEF

    -0.5900

    14.65

    -4.03%

  • AZN

    5.0200

    188.42

    +2.66%

  • JRI

    -0.2700

    11.8

    -2.29%

  • BCC

    0.1400

    74.43

    +0.19%

  • BTI

    0.3749

    57.8

    +0.65%

  • BP

    0.5100

    46.68

    +1.09%

'Serious threat': Indonesia legal reform sparks rights challenges
'Serious threat': Indonesia legal reform sparks rights challenges / Photo: © AFP

'Serious threat': Indonesia legal reform sparks rights challenges

Activists are challenging Indonesia's new criminal code, which outlaws sex outside marriage and the insulting of top officials, saying it threatens rights and gives authorities broad power with minimal oversight.

Text size:

The government has celebrated the new framework, which replaced the Dutch colonial-era criminal code on January 2, and insisted the overhaul was not seeking to quash freedoms.

But activists -- mostly students -- are trying to counter the sweeping legal changes, with some cases already before the nation's highest courts.

The new laws pose a "serious threat" to human rights, said Amnesty International Indonesia executive director Usman Hamid.

"Civil liberties are increasingly threatened by widespread criminalisation, while the rights of suspects and vulnerable groups could be neglected," he told AFP.

Then-president Joko Widodo signed the changes into law three years ago, while a separate procedural law that President Prabowo Subianto ratified last month also came into effect on January 2.

The Constitutional Court began hearing on Friday the first of several petitions challenging the new code, which authorities argue includes sufficient protections.

When lawmakers approved it in 2022, the United Nations office in Indonesia warned that some provisions could infringe on "fundamental freedoms and human rights".

But the government has defended the change.

Yusril Ihza Mahendra, a minister overseeing legal affairs and human rights, hailed a "historic momentum" for Indonesia as it sheds the penal system inherited from Dutch colonial rule, which ended eight decades ago.

- 'Grateful' for criticism -

Sexual relations outside marriage were criminalised and now carry a sentence of up to a year in jail, effectively outlawing same-sex relations as such unions are not recognised in Indonesia.

And the cohabitation of unwedded couples can see violators imprisoned for up to six months.

To ease concerns, Law Minister Supratman Andi Agtas noted last week that only spouses, parents or children of anyone involved in these actions can report them.

Other provisions that sparked backlash include prison terms of up to three years for insults or slanders against the president or vice president.

While the code stipulates that only they can file complaints, activists say this rule would stifle criticism of public officials.

Deputy Law Minister Edward Omar Sharif Hiariej dismissed the claim that the new law was aimed at restricting the freedom of expression.

"Criticism and insults are two different things... critics are not prohibited in this article," Edward told a press conference on January 5.

President Prabowo said he was "grateful" to hear criticism.

"If I am being corrected, I consider it as I am being helped," the former general told a public event after the new code came into effect.

- 'Low point' -

Critics warn that the new criminal procedural law, which lays out the framework for the enforcement of the criminal code, grants officials broad powers with minimal oversight.

Now "the police have a far greater authority to seize evidence, to arrest people", said Andreas Harsono, Indonesia researcher of Human Rights Watch.

The rules grant investigators, for example, the power to decide what constitutes "urgent situations", meaning they can search and seize evidence without a court order.

Authorities can also detain suspects if they do not cooperate during inquiry, said Iftitahsari, a lawyer and researcher at the Institute for Criminal Justice Reform (ICJR).

"Granting these extensive powers could... create greater space for corruption," Iftitahsari, who goes by one name, told AFP.

When the rules "are unfair from the start", abuse of power and procedural injustice can easily increase, she said.

Iftitahsari also warned of a democratic decline in Indonesia, which adopted democracy following the fall of the late leader Suharto, who ruled with an iron fist for more than three decades until the late 1990s.

The new rules "are certainly far from what is aspired" in terms of upholding the rights of citizens in a democracy, said the lawyer.

Amnesty's Usman urged the government to revoke the code, calling it a "low point in rule of law and respect for human rights in Indonesia".

The new regulations "further legitimise authoritarianism by excessively expanding police powers without adequate judicial oversight mechanisms, undermining the principle of checks and balances principle", he said.

Edward, the deputy law minister, declined to comment on these claims, citing the ongoing court case.

F.Brown--ThChM