Indonesia postpones law criminalising sex outside of marriage

Joko Widodo announces the delay on Friday
AFP/Getty Images
Ewan Somerville20 September 2019

Indonesia has pressed pause on a new law that would criminalise extra-marital and gay sex.

The ban could still soon come into force as part of a draft package of strict new measures which would also see prison terms for providing contraception to children under 18 and the abortion pill. Insulting the president alone would carry a three-and-a-half year sentence.

But after widespread expectation that it would be introduced on Friday, the country’s president Joko Widodo suspended a vote on the law change until next month to allow Indonesia’s new parliament to scrutinise it. If it passes, it could be active within two years.

The proposed legislation has sparked a fierce backlash, with nearly 600,000 people signing a petition using the hashtag #semuabisakena - meaning “this affects everyone” - calling on Mr Widodo to refuse the “absurd” laws.

Tim Lindsey, director of the Centre for Indonesian Law, Islam and Society, said the laws were "highly regressive" and added the country may avoid enforcing it for fear of putting off tourists visiting the country.

He told The Sydney Morning Herald: "The extra-marital sex provision is new to Indonesia, it will create huge problems for foreigners if it's enforced, though Indonesia is awash with laws that are never enforced.

"Will tourists have to take marriage certificates to Indonesia?

"This also exposes foreigners to extortion. It would be easy for a police officer in Bali to say you aren't married, you have to pay me. That's a quite likely scenario."

The Foreign Office says some 390,000 Britons travel to Indonesia every year, especially tourist hot spots such as Bali, but current travel advice makes no mention of the suggested laws - although it could be updated at any time.

Human rights campaigners sounded alarm at an increasing shift towards fundamentalism in a country formerly known for welcoming people of all faiths.

In the country’s Aceh province, to the north-west of Sumatra Island, Islamic law is already imposed, with whipping a common punishment for offences such as gay sex and drinking alcohol.

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