Indonesia set to make sex outside marriage illegal

‘Disastrous’ new laws could see contraceptive advice censored and women who have abortions jailed

INDONESIA is poised to criminalise sex outside marriage, making it punishable with jail terms or steep fines.

Changes to the country’s penal code also include financial penalties for anyone found guilty of insulting the president’s dignity, a maximum four-year prison sentence for women who abort an unborn child outside of medical emergencies, the censoring of contraceptive advice and the expansion of blasphemy laws.

Rights groups denounced the move as an assault on basic freedoms as fears grow about the trend towards restrictive religious piety and the spread of conservative Islam in the world’s most populous Muslim country.

Although considered a moderate, Joko Widodo, Indonesia’s president, has been criticised for appointing a hardline cleric as his deputy and for failing to push back strongly enough against the creep of a more fundamental approach to Islam in the 264 millionstrong nation.

The code, to replace Dutch colonialera laws, has taken more than two decades to update but may be put to a vote as early as next week.

“Indonesia’s draft criminal code is disastrous not only for women and religious and gender minorities, but for all Indonesians,” said Andreas Harsono, a senior Indonesia researcher at Human Rights Watch. “Lawmakers should remove all the abusive articles before passing the law.”

He added: “The bill’s provisions censoring information about contraception could set back the progress Indonesia has made in recent years to dramatically reduce maternal deaths.”

Rights activists warned that millions could be ensnared, particularly by new rules on extramarital sex. Technically these would also apply to foreigners.

Couples who live together without being legally married could be sentenced to six months in prison or face a maximum fine of £570, the rough equivalent of three months’ salary.

A prosecution can proceed if a village chief, who heads the lowest tier of government, files a police complaint and parents or children of the accused do not object. Parents, children and spouses can also lodge a complaint.

A one-year jail term can be applied to a person who has sex with someone who is not their spouse and a close family member complains. Gay couples would be swept up in the crackdown as same-sex marriage is outlawed, intensifying sweeping discrimination against the LGBT community.

A coalition of Indonesian civil society organisations urged Mr Widodo to delay passing the law. They argue that it enables discrimination against nonmuslims and minorities and violates the free speech and freedom of association that lie at the heart of democracy.

However, religious groups have welcomed the move.