Indonesia bans sex outside marriage: Decoding the new controversial law

The human rights groups feel that the new code would disproportionately impact women and further curtail human rights and freedoms in the world's largest Muslim-majority nation

Jakarta, Dec 07: Having sex outside the marriage is now a punishable offense in Indonesia as the country's lawmakers on Tuesday unanimously passed a new criminal code. In addition to it, cohabitation between unmarried couples has also been banned.

"All have agreed to ratify the (draft changes) into law," said lawmaker Bambang Wuryanto, who led the parliamentary commission, was quoted as saying by CNN. "The old code belongs to Dutch heritage ... and is no longer relevant."

What's so controversial about the Law?
The law has met with objections since the human rights groups feel that the new code would "disproportionately impact women" and further curtail human rights and freedoms in the world's largest Muslim-majority nation. The cases can be filed based only on police reports lodged by a spouse, parents or children.

The law is not only applicable for Indonesian citizens but also for foreigners. Hence, critics feel that this might keep tourists from coming to the country. It is because if a tourist who comes to Indonesia had a consensual sex with an Indonesian national and if a complaint is filed by someone from his family, the tourist might be arrested and jailed for a year. Currently, Indonesia bans adultery but not premarital sex.

"I know it will impact tourism, which is why we should explain to the public that reports to police should be limited to what the family feels is really important," he said. "As a parliamentarian, I will try to find more limitations for the implementation of these articles," The Guardian quoted Taufik Basari, a legislator of the NasDem party, as saying.

This law could also impact LGBTQ+ communities where gay marriage is not acknowledged.

Marriageable age in Indonesia
In a bid to curb child marriage, Indonesia's Parliament revised its marriage law to lift the minimum age at which women can marry to 19 in 2019. The previous minimum marriage age was 16 for girls and 19 for boys, and if parents wanted to authorise younger girls for marriage, there was no minimum age.

However, the challenge for the government will be how to prevent cohabitation. Nonetheless, the law takes another three years to come into effect as the drafts are still being prepared.

Apart from this law, the government has a brought a ban on insulting the President or state institutions, national ideology, blasphemy and protesting without permission.