Indonesia passes law banning same-sex marriage

A criminal code that bans sex outside marriage with a sentence of up to one year in jail is being approved by Indonesia's parliament, part of a raft of legal changes that critics say undermine civil liberties in the world's third-largest democracy.

The new code, which will apply to Indonesians and foreigners, will prohibit cohabitation between unmarried couples. Despite the warnings from business groups that it could scare away tourists and harm investment, it was passed with support from all political parties.

The code will not come into effect for three years to allow for implementing regulations to be drafted.

Adultery is not allowed in Indonesia, but it is not premarital sex.

The laws also include bans on black magic, insulting the president or state institutions, spreading views counter to state ideology, and staging protests without notification.

Critics say the new laws can be used to drive morality in the world's largest Muslim-majority nation, which has seen a rise in religious conservatism in recent years.

Maulana Yusran, deputy chief of Indonesia's tourism industry board, said the bill was totally counter-productive at a time when the economy and tourism were starting to recover from the Pandemic.

The hotels and accommodation facilities are like second homes for tourists. With the ratification of the criminal code, hotels are now problematic places, he said.

Legislatives praised the passage of the criminal code as a necessary overhaul of a colonial vestige.

The old code belongs to Dutch heritage and is no longer relevant, according to Bambang Wuryanto, head of the parliamentary commission in charge of revising the code, told lawmakers.

After the fall of authoritarian leader Suharto in 1998, opponents of the bill have highlighted articles they say are socially regressive, will curb free speech and represent a huge setback to the retention of democratic freedoms.

A multicultural and multi-ethnic country is not easy to make a criminal code that can accommodate all interests, according to Indonesia's Law and Human Rights Minister Yasonna Laoly. An article in the code on customary law could reinforce discriminatory and sharia-inspired bylaws at a local level and pose a particular threat to LGBT people, according to legal experts.

Regulations that are not in accordance with human rights principles will occur in conservative areas, said Bivitri Susanti, from the Indonesian Jentera School of Law, referring to existing bylaws in some areas that impose curfews on women or target what are described as deviant sexualities.

The new laws will include more lenient sentences for those charged with corruption.

The bill has been partially watered down so that it can only be reported by a limited party, such as a spouse, parent or child.

The government planned to pass a revision of the country's colonial-era criminal code in 2019 but nationwide protests halted its passage.

The bill was passed this year by the parliament before the political climate heats up ahead of the presidential elections that are scheduled for early 2024, which has diluted down some of the provisions with President Joko Widodo insisting that the bill be passed this year.

The public response to the new code has been muted so far, with only small protests held in the capital on Tuesday.