Talking Indonesia

Bivitri Susanti - The New Criminal Code

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Synopsis

On 6 December, Indonesia’s House of Representatives (DPR) passed a long-awaited new Criminal Code (KUHP), in an act the government described as one of decolonisation and modernisation of the Indonesian nation-state. Revised and re-drafted over several years, the new code replaces the 1918 version inherited from the Dutch and incorporated into the law of a newly independent Indonesia in 1946. Civil society organisations, journalists and human rights activists immediately condemned many of the articles in the new code, particularly those that restrict freedom of speech, the right to protest and express views deemed counter to the national ideology, Pancasila. Women and other minorities are seen to be particularly vulnerable, with new laws criminalising access to abortion, sexual relations and cohabitation outside marriage. Senior researcher at Human Rights Watch Andreas Harsono expressed the disappointment and concern of many Indonesians when he said: “In one fell swoop, Indonesia’s human rights situation has