Mayank Chhaya-
Indonesia’s new criminal law that bans sex out of wedlock will take effect only three years from now, but it is already arousing serious misgivings in certain quarters about its impact on both human rights and tourism.
That sex among unwed couples will be a crime in the country is expected to throw a wet blanket on one of the world’s most romantic destinations—Bali. In 2019, before the COVID pandemic over 6.2 million tourists visited Bali. That year the total number of tourist arrivals in Indonesia as a whole were over 18 million.
It is a no-brainer that a lot of sex out of wedlock happens in Bali prompting some Australian newspapers to come up with the headline ‘Bali Bonk Ban’.
The new criminal code has caused quite a flutter among Indonesia’s more liberal circles even as it was enacted unanimously passed by the country’s parliament. However, there are those who argue that its impact on tourism, one of Indonesia’s main foreign exchange earners, will be minimal since prosecution of unwed tourist couples engaging in sex may not become that prevalent because it requires a complaint to be filed by the children, parents or spouse of the accused couple.
As the largest Islamic democracy with a population of more than 276 million (2021) the enactment of such a draconian criminal code is being received with great concern. But the country’s parliamentarians have argued that it is only appropriate that the country get rid of a law dating back to Dutch colonial rule.
“It is time for us to make a historical decision on the penal code amendment and to leave the colonial criminal code we inherited behind,” Law Minister Yasonna Laoly told parliament.
Beyond restricting sex only to couples who are married, the new code also introduces some rather extraordinary measures that many see as directly attacking other human rights and freedoms. The new law has clauses criminalizing immorality and blasphemy as well as restricting political and religious expression.
Another devastating clause is a five-year prison term for those deviating from the central tenets of Indonesia’s six recognized religions: Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism. Atheism is not acceptable in Indonesia which means citizens have to choose from one of these six religions. Of course, following one of the six religions is a technicality but it still makes those professing to be atheists open to legal troubles.
The code has to be approved by President Joko Widodo who is widely expected to grant it considering its overwhelming passage in parliament.
It also restores a ban on insulting a sitting president or vice president, state institutions and the national ideology. Such acts can lend offenders in prison for three years.
The government has tried to soften the implications of the passage. For instance, the law minister told a news conference, “It turns out that it is not easy for us to break away from the colonial living legacy, even though this nation no longer wants to use colonial products. Finalizing this process demonstrates that even 76 years after the Dutch Criminal Code was adopted as the Indonesian Criminal Code, it is never too late to produce laws on our own. Laoly said, “The Criminal Code is a reflection of the civilization of a nation.”
The U.S. government has been monitoring the developments in the world’s largest Islamic democracy. State Department spokesperson Ned Price has said the U.S. was “closely monitoring the revised criminal code” of its democratic partner.
“We are concerned regarding how these changes could impact the exercise of human rights and fundamental freedoms in Indonesia,” Price said yesterday at a news conference in Washington. “We’re also concerned about how the law could impact U.S. citizens visiting and living in Indonesia, as well as the investment climate for U.S. companies.”
Of particular concerns for the Indonesian economy is its Bali, which has been struggling to recover as a leading international tourist destination after the COVID pandemic. The criminal code has set of considerable uncertainty among tour operators and tourists alike.
