Indonesian new criminal code respects privacy, human rights – Press Release


JAKARTA, Dec 19, 2022 – (ACN Newswire) – Indonesia clarifies that the New Criminal Code was drafted carefully and obeys Human Rights aspects, following the emergence of reactions related to the ratification of the code.

Deputy Minister of Law and Human Rights Edward Omar Sharif Hiariej on Friday stated the criminal code was drafted carefully by paying attention to the balance of the interests of individuals, the state, and the public and by taking into account Indonesia’s multi-ethnic, multi-religious, and multi-cultural condition.

Some of the articles criticized by the public include those related to privacy, freedoms of the press, and human rights. One of the issues is regarding the adultery and cohabitation articles in the code.

Hiariej clarified that the adultery and cohabitation articles are complaint-based. Thus, the perpetrator should only be prosecuted on the basis of a complaint, which can only be made by their spouse (for those who are married) or parents or children (for those who are not married).

The articles, he says, are aimed at protecting people from acts of arbitrariness. “When these articles are regulated in the criminal code, there would definitely be no raids,” he added.

Additionally, the Spokesman of the Dissemination Team of the New Criminal Code, Albert Aries, clarified the criminal code has never given additional administrative requirements for tourism players to question people about their marital status. Aries affirmed that people’s privacy is still guaranteed by law in Indonesia, of course, without reducing respect for the values that the country holds.

A criminologist from the University of Indonesia, Adrianus Meliala, expressed optimism that the implementation of the cohabitation article will not violate human rights since it is complaint-based. He said that law enforcement officers must face the discourse with real actions.

Apart from adultery and cohabitation, freedom of expression and freedom of the press are among the issues that have…