"Premarital Cohabitation Means Prison": Country Implements New Criminal Code in the New Year

The Republic of Indonesia is set to enforce its new Criminal Code Amendment, which criminalizes acts such as extramarital sex, premarital cohabitation, and insulting the president, sparking international controversy. As this law, which has raised concerns over human rights violations, comes into effect, the global community is closely watching its implementation.
According to major foreign media outlets on the 1st (local time), Yasonna Laoly, Minister of Law and Human Rights of the Republic of Indonesia, announced that the Criminal Code Amendment, including these provisions, would take effect starting from the 2nd.
Enacted in 2022, the amendment stipulates up to one year in prison for extramarital sex and up to six months for premarital cohabitation if discovered. However, these offenses can only be prosecuted if a family member—such as a spouse, parent, or child—files a formal complaint.
In addition, insulting the sitting president or state institutions can result in up to three years in prison, while promoting ideologies contrary to the national philosophy, such as communism, is punishable by up to four years. When the amendment, which reflects a stronger Sharia influence, was passed, the United Nations (UN), U.S. Secretary of State Antony Blinken, and others in the international community expressed concerns about potential infringements on freedom of expression and privacy.
Commenting on the matter, Minister Yasonna Laoly stated in interviews with foreign media, "The Criminal Code has been timely revised to reflect Indonesia’s current laws and cultural norms," adding, "It is our own legal system, different from other countries." While he acknowledged the possibility of abuse by authorities, he emphasized, "What matters is the control of the people. Nothing new can be perfect right away." He also stressed that the Criminal Procedure Act, which takes effect alongside the amendment, would serve as a safeguard against abuse of power.
Some have raised concerns that the provisions penalizing extramarital sex and premarital cohabitation could affect foreign tourists visiting the Republic of Indonesia. In response, Hariyadi Sukamdani, president of the Association of the Indonesian Tours and Travel Agencies (ASITA), said that since these provisions require a family member’s complaint, anxiety within the tourism industry has somewhat eased. However, controversy surrounding the punishment for insulting the president and state institutions remains unresolved.
A local legal expert, Aspinawati, strongly criticized the new provisions, stating that they raise concerns about freedom of expression and calling them "new colonial-era laws of our own making." She also pointed out that the broad nature of these provisions leaves no guarantee that law enforcement authorities will apply them properly rather than interpret or abuse them arbitrarily.


hsg@fnnews.com Han Seung-gon Reporter