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Indonesia Enforces New Penal Code

Indonesia's new Penal Code shifts to restorative justice but criminalizes sex outside marriage and insults against state leaders, drawing criticism from rights groups over potential rights violations.

  • On Friday, Indonesia began enforcing the 345-page Indonesian Penal Code , replacing a Dutch-era law after a three-year transition following its 2022 passage.
  • A parliamentary taskforce finalized the bill in November 2022, and lawmakers approved it unanimously after years of stalled efforts and a 2019 vote delay amid nationwide protests.
  • Key provisions include criminalising sex outside marriage with penalties up to one year, six-month sentences for cohabitation, expanded blasphemy rules for the six officially recognized religions of Indonesia, and bans on insulting the sitting president and state institutions applying to citizens and foreign visitors.
  • Rights groups warned morality provisions risk privacy invasions, Amnesty International Indonesia called it 'a significant blow,' and the U.S. State Department said it was 'closely monitoring' the KUHP.
  • Sentencing changes include expanded non-custodial sentences and a 10-year probationary period that could commute death sentences, with Deputy Law Minister Edward Hiariej saying the KUHP prioritizes harm repair and reintegration.
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Human Rights Watch broke the news in New York, United States on Thursday, January 12, 2023.
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