Indonesian people protest against the Criminal Code (Source: www.tempo.co)
On Tuesday (6/10), Indonesia was shocked by the news of the ratification of the Draft Criminal Code (RKUHP). The reason is that for years Indonesia has used the Criminal Code which originated from Dutch law. And not only that, Indonesia, even to the international world, was also shocked by some of the articles listed in it.
Among the criminal law articles, the most controversial are those that carry a sentence of up to one year in prison for extramarital sex, unmarried couples living together, insulting the president, and also expressing views contrary to the nationalist ideology of Pancasila.
Accessed on the page peraturan.go.id/site/ruu-kuhp.html, the revision of the RKUHP text as of November 30, 2022, is listed in articles 411 and 412.
The following article 411 which regulates sex outside of marriage, reads:
"Every person who has sexual intercourse with a person who is not his/her husband or wife, shall be punished for adultery, with imprisonment of not more than 1 (one) year or a maximum fine of category II (paragraph (1)).
Then, "No prosecution shall be conducted against the criminal offense as referred to in paragraph (1) except upon the complaint of: a. husband or wife for persons who are bound by marriage. b. parents or children for persons who are not bound by marriage (paragraph (2)). Parents or children for persons who are not bound by marriage (paragraph (2))."
Third paragraph: "The provisions referred to in Article 25, Article 26, and Article 30 shall not apply to the complaint as referred to in paragraph (2)."
Finally, the fourth paragraph: "The complaint may be withdrawn as long as the examination at the court session has not yet begun."
The punishment is imprisonment for a maximum of one year or a maximum fine of IDR 10 million.
And finally, article 412 which regulates unmarried couples living together, reads:
"Every person who cohabits as husband and wife outside of marriage shall be punished with a maximum imprisonment of 6 (six) months or a maximum fine of category II (paragraph (1)).
