However, in the case of Indonesia’s new criminal code, the criminalization of consensual premarital sex is not a protective measure but rather an arbitrary and oppressive intrusion into the personal lives of individuals without any valid justification. Furthermore, the Human Rights Committee, which oversees the implementation of the ICCPR, has emphasized the need for state parties to adopt legislative frameworks that protect the right to privacy. By criminalizing consensual premarital sex, the new criminal code in Indonesia violates the explicit provisions of these international treaties, undermining the country’s commitment to protecting human rights and individual privacy.įor instance, Article 17 of the International Covenant on Civil and Political Rights (ICCPR), which reinforces the provisions of the Universal Declaration of Human Rights (UDHR) specifically prohibits any arbitrary or unlawful interference with one’s privacy, family, home, or correspondence. These treaties include the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, and the ASEAN Human Rights Declaration. Indonesia, as a signatory to these treaties, is bound by their provisions and is therefore obligated to uphold the right to privacy. On the international front, the right to privacy is widely recognized as a fundamental human right protected by numerous international treaties. 5/PUU-VII/2010, has also affirmed the right to privacy under this Article, highlighting the importance of privacy in Indonesia’s legal framework. The Constitutional Court of Indonesia, in Judgement No. It also affirms the right to receive protection from any threat to one’s human rights. This Article guarantees the protection of individuals and their families, honor, dignity, and property. As outlined in a report by the Office of the High Commissioner for Human Rights (OHCHR), the provision in question interferes with one of the most intimate and personal interactions between individuals, thereby violating their right to privacy.Īlthough the Indonesian Constitution does not explicitly state the right to privacy, Article 28(g) is widely interpreted as providing an implied right to privacy. This right also supports and reinforces other critical rights, such as freedom of expression, information, and association, allowing individuals to participate fully in society without fear of retaliation or infringement on their rights.Įnforcing this contentious law would strike at the core of an individual’s right to privacy and is a breach of the country’s legal obligations under national and international law. It ensures that individuals have the freedom and autonomy to make personal choices without government interference. The right to privacy is not only a fundamental aspect of human dignity but also serves as the backbone of a democratic society. Additionally, the authors will provide insight into the broader trend of similar laws in Muslim-majority nations and Southeast Asia with similar cultural and societal backgrounds. It will also consider the potential socio-cultural consequences of this law, including the potential for misuse against vulnerable minority groups and women. This article will examine the criminalization of premarital sex in the new criminal code in relation to the right to privacy as guaranteed by national and international law. Some have even hailed it as a step towards decolonization by shunning the Dutch legal legacy and adopting a new criminal code. In fact, the new law claims to be a true reflection of Indonesian norms and values. It is essential to clarify that outlawing premarital sex is not merely a change in the law disjunct from the general societal perspective. Although the new criminal code will not go into effect until January 2026, it is important to consider the potential legal and social consequences of this provision. Violations carry a maximum penalty of one year in prison. This law makes it a criminal offense for all Indonesians to engage in sexual activity outside of marriage. However, the provision that has received the most attention is the criminalization of premarital sex, which is codified in Article 411. The code includes a number of controversial provisions, including outlawing acts such as defaming the president and expressing views antithetical to state ideology. Last month, Indonesia made headlines by passing a new criminal code known as the Rivisi Kitab Undang-undang Hukum Pidana (RKUHP). Akarshi Narain and Apoorv Vats, law students at NALSAR University of Law, Hyderabad, India discuss the new Indonesian Criminal Code and its consequences for privacy…
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