Indonesia’s New Criminal Code and Its Threat to Human Rights

Human Rights Watch has criticized Indonesia’s new criminal code, warning that it undermines the basic rights of marginalized groups, including women and LGBTQ+ individuals, by expanding intrusive legal frameworks and blasphemy laws. These changes may exacerbate discrimination and violence, necessitating immediate legal challenges and international attention to uphold human rights in Indonesia.

Human Rights Watch has expressed grave concerns regarding Indonesia’s newly enacted criminal code, which significantly threatens the basic rights of many individuals in the nation, particularly among marginalized groups such as women, members of the LGBTQ+ community, and religious minorities. As highlighted in the organization’s World Report 2023, the new legislation poses a serious risk to freedoms of religion, privacy, and expression, thus amplifying the challenges faced by these vulnerable populations. The criminal code, passed by the Indonesian parliament on December 6, 2022, renders consensual sexual relations and cohabitation outside of marriage criminal offenses and encroaches upon personal privacy by allowing government interference in intimate family matters. Furthermore, it expands existing blasphemy laws and introduces penalties for apostasy for the first time. Legal challenges are forthcoming to contest the most contentious aspects of the law, which is set to undergo a three-year transition period before implementation. During the preceding year, threats and intimidation against minorities persisted, often executed under discriminatory regulations, yet the government refrained from safeguarding these groups. Additionally, sporadic violence in West Papua continued to displace Indigenous Papuans, while Indonesia maintained tight restrictions on international human rights scrutiny in the region. Furthermore, the nation has faced criticism for its voting behavior at international forums, notably its opposition to discussing human rights abuses against Uyghur Muslims in China. As ASEAN’s chair in 2023, Indonesia is urged to take a more assertive stance on human rights violations in Myanmar. In sum, the new criminal code represents a significant shift towards increased state control over personal and communal freedoms in Indonesia, with specific ramifications for already marginalized groups, prompting urgent calls for protective measures amidst rising legal and societal threats.

The report from Human Rights Watch shines a light on the broader implications of Indonesia’s new criminal code, underscoring its potential to exacerbate human rights abuses within a legal framework that increasingly limits individual freedoms. The code’s provisions have been critiqued not only for their immediate impact on privacy and personal autonomy but also for their capability to further entrench discrimination against historically marginalized populations. In a global context, these developments stand in stark contrast to the evolving expectations of governments to uphold human rights, especially as international attention turns toward the implications of governmental policies on individual liberties globally.

In conclusion, Indonesia’s new criminal code presents serious challenges to fundamental rights, with disproportionate effects on marginalized groups and a worrying trend toward increased government intervention in personal affairs. The international community and human rights organizations like Human Rights Watch advocate for urgent reforms and the protection of vulnerable populations, emphasizing the necessity for Indonesia to uphold its commitments to human rights, especially as it assumes leadership roles in regional organizations.

Original Source: www.hrw.org