Activists challenge Indonesia’s new criminal code, citing threats to freedoms and expanded police powers as Constitutional Court hearings begin.
JAKARTA: Activists are challenging Indonesia’s new criminal code, which outlaws sex outside marriage and insulting top officials, saying it threatens rights.
The government celebrated the new framework, which replaced the Dutch colonial-era code on January 2, insisting it does not quash freedoms.
Activists, mostly students, are countering the changes with cases already before the nation’s highest courts.
Amnesty International Indonesia executive director Usman Hamid said the new laws pose a “serious threat” to human rights.
“Civil liberties are increasingly threatened by widespread criminalisation, while the rights of suspects and vulnerable groups could be neglected,” he said.
Then-president Joko Widodo signed the changes into law three years ago.
A separate procedural law that President Prabowo Subianto ratified last month also came into effect on January 2.
The Constitutional Court began hearing the first of several petitions challenging the new code on Friday.
Authorities argue the code includes sufficient protections.
When lawmakers approved it in 2022, the United Nations office in Indonesia warned some provisions could infringe on fundamental freedoms.
Minister overseeing legal affairs Yusril Ihza Mahendra hailed a “historic momentum” for Indonesia shedding the colonial penal system.
Sex outside marriage is now criminalised and carries a sentence of up to a year in jail.
This effectively outlaws same-sex relations as such unions are not recognised in Indonesia.
Cohabitation of unwedded couples can see violators imprisoned for up to six months.
Law Minister Supratman Andi Agtas noted only spouses, parents or children of those involved can report these actions.
Other provisions include prison terms of up to three years for insults against the president or vice president.
The code stipulates only they can file complaints, but activists say this rule would stifle criticism.
Deputy Law Minister Edward Omar Sharif Hiariej dismissed the claim the law restricts freedom of expression.
“Criticism and insults are two different things… critics are not prohibited in this article,” Edward said.
President Prabowo said he was “grateful” to hear criticism.
Critics warn the new criminal procedural law grants officials broad powers with minimal oversight.
Human Rights Watch researcher Andreas Harsono said police now have far greater authority to seize evidence and arrest people.
The rules let investigators decide what constitutes “urgent situations” to search and seize without a court order.
Authorities can also detain suspects if they do not cooperate during inquiry, said lawyer Iftitahsari.
“Granting these extensive powers could… create greater space for corruption,” she told AFP.
She warned abuse of power and procedural injustice can easily increase when rules “are unfair from the start”.
Iftitahsari also warned of a democratic decline in Indonesia following the fall of the late leader Suharto.
The new rules “are certainly far from what is aspired” for upholding citizens’ rights in a democracy, she said.
Amnesty’s Usman urged the government to revoke the code, calling it a “low point in rule of law”.
The new regulations “further legitimise authoritarianism by excessively expanding police powers without adequate judicial oversight mechanisms,” he said.
Deputy minister Edward declined to comment on these claims, citing the ongoing court case.
