Starting Today, Three Years in Prison for Insulting the President, One Year for Premarital Sex: Indonesia’s New Penal Code Takes Effect

According to The Financial News, the Republic of Indonesia has begun enforcing a new penal code at the start of the year that punishes citizens for insulting the president or engaging in premarital sex.

The Jakarta Post reported on the 2nd that the revised penal code containing these provisions comes into effect starting today.
Yasonna Laoly, Minister of Law and Human Rights, stated, "The new penal code has been timely revised to reflect Indonesia’s current laws and cultural norms," adding, "This is our own legal system, distinct from those of other countries."
According to the media, the 345-page new penal code, which passed parliament in 2022, will replace laws dating back to the Netherlands’ colonial rule. However, some have raised concerns that it could broadly infringe on individual freedoms.
Minister Laoly acknowledged, "The new penal code could be abused by authorities, but what matters is public oversight," and emphasized, "Nothing new can be perfect from the outset."
Under the new code, insulting the state or the president can result in up to three years in prison, while spreading ideologies such as communism that oppose the constitution can lead to a maximum of four years’ imprisonment.
Those caught engaging in extramarital sex may face up to one year in prison, and cohabitation before marriage can be punished with up to six months. However, prosecution for extramarital sex or premarital cohabitation requires a complaint from a spouse, parent, or other family member, as these are considered offenses prosecuted only upon complaint. Currently, adultery is already a criminal offense under Indonesian law.
The amendment is seen as moving the legal system closer to Islamic law. The United Nations (UN), United States Secretary of State Antony Blinken, and other members of the international community have expressed concerns that the changes could infringe on freedom of expression and privacy rights.
In particular, the provisions penalizing extramarital sex and premarital cohabitation have raised fears that they may deter foreign tourists from visiting Indonesia.

moon@fnnews.com Moon Young-jin Reporter