Paragraph 2: "No prosecution shall be brought against the criminal offense as referred to in paragraph (1) except upon the complaint of: a. husband or wife for a person bound by marriage; or b. parents or children for a person not bound by marriage. Parents or children for persons who are not bound by marriage."
Paragraph 3: "The provisions of Article 25, Article 26, and Article 30 shall not apply to the complaint as referred to in paragraph (2).
Paragraph 4: "The complaint may be withdrawn as long as the examination in court has not yet commenced."
The punishment is imprisonment for a maximum of 6 months or a maximum fine of Rp 10 million.
Some articles on extramarital sex and unmarried cohabitation state that these penalties can only be reported if there is a complaint from a close relative, such as a spouse, parent or child. So, if there is no report, there will be no criminal action.
While those who are convicted of insulting the president will be imprisoned, only the president can file a complaint.
Critics underline that this criminal law will bring "disaster" to human rights and reduce the growth potential for business and investment.
Responses
Regarding this, it has given various reactions from various Indonesian communities and even abroad. There are those who agree with this, and also those who disagree with this law.
For example, legal experts and civil society organizations disagree with this criminal law.
One of them, constitutional law expert from the Indonesian Jentera College of Law (STH), Bivitri Susanti, said, "This Criminal Code is a big setback for Indonesia," "The state cannot regulate morality," she continued. "The government's job is not to referee between conservative and liberal Indonesia."
"There are several articles that we think should still be straightened out and tidied up first, especially articles related to living law that are not appropriate, if it is categorized into the realm of criminal law," he said.
