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Indonesia’s New Criminal Code: A Threat to Human Rights

Human Rights Watch’s World Report 2023 criticizes Indonesia’s new criminal code for jeopardizing basic rights, particularly for marginalized groups. Provisions criminalizing consensual relations and expanding blasphemy laws raise significant concerns regarding personal freedoms. The report emphasizes the need for urgent action to protect vulnerable populations and asserts the importance of Indonesia’s leadership in regional human rights matters.

Indonesia’s recent overhaul of its criminal code poses significant threats to the fundamental rights of its citizens, as articulated in Human Rights Watch’s World Report 2023. The revised code, which criminalizes consensual sexual conduct and cohabitation outside marriage, subjects individuals to intrusions into their personal lives, thereby infringing upon their right to privacy. Marginalized groups, including women, girls, the LGBTQ+ community, and religious minorities, are expected to encounter profound negative impacts from this legislation. Elaine Pearson, Asia director at Human Rights Watch, emphasized the implications of these legal changes: “The new Indonesian criminal code plays into the hands of government officials who want to curtail freedom of religion, privacy, and expression.” In addition, the new legislation expands the blasphemy provisions from one to six articles and defines apostasy as a criminal act for the first time. The government has initiated a three-year transition period before the code’s full implementation, during which legal challenges against its more contentious aspects are anticipated. Social dynamics in Indonesia have further exacerbated the situation, as many Muslim groups have targeted minority communities through threats and discriminatory practices, with the government largely neglecting to intervene or provide protection. Furthermore, Indonesian women have expressed significant opposition to oppressive mandatory hijab regulations, yet these concerns remain unaddressed by officials. In regions such as Papua, violence has persisted between security forces and local insurgent groups, leading to the displacement of numerous Indigenous Papuans amidst strict restrictions on international observers and journalists. Moreover, in a recent display of political alignment, Indonesia opposed a motion at the United Nations Human Rights Council aimed at addressing the plight of Uyghurs in China, whose situation is marked by severe human rights abuses. As Indonesia assumes the chairmanship of the Association of Southeast Asian Nations (ASEAN) in 2023, Human Rights Watch urges that the country take concrete steps to respond to the widespread human rights violations perpetrated by the military junta in Myanmar.

The new criminal code, passed by Indonesia’s parliament on December 6, 2022, has drawn widespread concern due to its implications for civil liberties and human rights within the country. The code’s enactment occurs against a backdrop of pre-existing discrimination and systemic violence against various marginalized groups in Indonesia, notably women, the LGBTQ+ community, and religious minorities. Human Rights Watch, an authority in global human rights advocacy, highlights that the new provisions not only expand governmental control over personal and intimate matters but also create a legal environment that fosters discrimination and intolerance. This context underlines the significance of Indonesia’s actions and policies at both national and international levels. The country’s response to issues in neighboring Myanmar and its stance at the United Nations further inform the global perception of its commitment to human rights.

In summary, Indonesia’s new criminal code presents alarming challenges to the fundamental rights of its population, especially marginalized communities. The expansion of blasphemy laws and the criminalization of consensual relations mark a significant regression in civil liberties. The passive response of the government to threats against minorities and restrictive measures in conflict regions underscores a disinterest in upholding human rights. As Indonesia prepares to lead ASEAN, it is imperative for the nation to reassess its commitments and prioritize human rights within its policies to ensure the protection of all individuals within its borders.

Original Source: www.hrw.org

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