New draft of criminal code an attempt to curb freedoms

Ary Hermawan, The Jakarta Post, Jakarta

Critics are accusing the government of compromising individual rights in the newly drafted Criminal Code that provides stiff punishment for cohabitation and other private behavior.

The bill has already triggered heated debate because it comes amid growing religious conservatism and, activists say, a systematic erosion of the country’s pluralistic foundations. Sharia-based regional bylaws have been passed in several areas across the country.

“I think some parties are attempting to apply the substance of sharia-based bylaws nationwide through the amendment of the Criminal Code (KUHP),” Women’s Legal Aid Foundation (LBH Apik) chairwoman Ratna Batara Murti told The Jakarta Post.

The draft, a copy of which was obtained by the Post, includes the stipulation: “Anybody who cohabitates … could be sentenced to five years in prison.”

Ratna said the passage of the bill would pave the way for state intervention in the private lives of citizens, which is a gross violation of the international civil rights convention ratified by the country.

“The draft will consequently outlaw all forms of sexual activity beyond marriage. It is definitely discriminatory and solely based on mainstream sexual discourse.”

Ratna also said the bill criminalized prostitution, while sex workers were not criminals but victims of poverty and patriarchal society. She added that it clashed with the anti-trafficking law currently being drafted by her institution.

“It’s ironic. While we’re trying to protect prostitutes from trafficking and other violence, the government is making them criminals.”

Ratna urged the government to carefully evaluate the contentious articles before filing the bill with the House of Representatives. “The draft would need to be adjusted with the new laws currently being deliberated before the House,” she said.

Muslim scholar Masdar Farid Mas’udi said Islamic jurisprudence deemed adultery, cohabitation and fornication as crimes. “Muslims believe that we do not own our bodies as they belong to God who created them.”

He added that the purpose of sharia in prohibiting adultery and cohabitation was for the protection of women.

“Women are obviously the parties who suffer the losses, physically and psychologically,” he told the Post.

“The most crucial thing is that the law must be consistent to its purpose, which is to protect women.”

Criminologist Adrianus Meliala said it appeared the article was incorporated into the bill to uphold the traditional definition of marital unions.

“I believe that the article has been formulated to respect the institution of marriage. But, of course, I can’t accept the notion that cohabitation is considered a crime.”

Pocut Eliza, secretary of the team assigned to draft the bill, said the amendment of the Criminal Code would accommodate public input.