The news that Indonesia’s parliament has passed new legislation outlawing sex outside marriage – as part of a wider overhaul of the country’s criminal code – has triggered concern from human rights activists and prompted protests in the capital Jakarta.
Here, six people in Indonesia share their views on the controversial legislation, and what it may mean for their personal lives and those of fellow citizens when it comes into effect.
‘This law is a clash between tradition and modernism’
“The ban on extramarital sex in Indonesia is an encroachment on personal liberty. I’m Christian, but it’s more an old v young or rural v urban issue, rather than a religious one.
“More than anything, this is a clash between tradition and modernism – and about whether one’s family is accepting of one’s sexual choices. There is the clause that [extramarital sex] is only considered a criminal act if reported by an immediate family member (parents, spouse, children) and not any random offended party.
“Foreign visitors would thus only be affected if they engage in extramarital sex with a local Indonesian whose family reports it, so foreign couples should not be worried that they will be endangered by this law, though I think it will give them cause for worry.
“What’s concerning is if certain parties take matters into their own hands without understanding that only family members have the right to be aggrieved, and not hotel owners, staff or religious fundamentalists. I think [reports by such people] could happen in more close-knit, traditional communities, but could also happen in Jakarta.” Hendra, 35, a manager in a healthcare company from Jakarta
‘The government is taking a conservative turn’
“I lead a very ‘liberal’ lifestyle, but I’m not that worried about this legislation affecting me personally, as your parents or your partner’s parents need to file a complaint against you for you to get arrested, and I live far away from my parents, and in Bali – it’s more laidback here. But I am worried for my friends.
“It’s absurd: this new law gives more power to controlling and abusive parents to make their adult child and their partner’s life a living hell.
“What we need is criminal justice reform. Instead, we get more stupid laws criminalising harmless behaviours like two adults having consensual sex just because it goes against someone’s religion.
“The government is taking a very conservative and authoritarian turn with this new code, and is encouraging a snitching culture. They are trying to accommodate and subdue the Islamic-right [sitting in opposition], who have been saying that the answer to all societal problems is the implementation of Islamic laws, and they are gaining popular support, especially from economically marginalised people, who make up most of the population.” Aditya, 31, a copywriter from Bali
‘It reflects Indonesia’s norms and values’
“The recent passed criminal code including the extramarital sex article actually reflects Indonesia’s norms and values. Since the country has been using the previous criminal code – a Dutch law legacy that is often seen as outdated – for more than a century, it is a breakthrough for Indonesian legislation to have its own criminal code since becoming independent. It is an effort to decolonise one of the national codes.
“This law puts [a premium on] marriage, to avoid any infidelity. It is not intended to criminalise or restrict human rights, but rather to keep social cohesion on track. There is no problem with international visitors coming to visit. They are all safe as long as they obey the country’s regulations.
“The law also acts as a social control [in the hope] that it will [lead] to social change, [so that] Indonesian girls and woman will be protected from ‘sex tourists’.” Muhammad, 23, a policy consultant from Jakarta
‘The government needs to think about climate change and jobs’
“The government needs to think more about more important things than people’s sex lives, like climate change, jobs and proper wages for the people here. The recession and limited job opportunities makes life hard for people. I think the government is using this new law to distract from these problems.
“I think that the new legislation reflects the increasingly conservative values of Indonesians, because most people in Indonesia are Muslim, and in our religion we can’t have sex before marriage. But we can’t make all people [agree with and adhere to] that. I do not think that most Muslims are in favour of this law, because it is [vague], confusing and not objective, and could be misused.
“I’m Muslim too. In my opinion premarital sex can be wrong if done irresponsibly, without a condom, and not wanting to be responsible if a pregnancy occurs and deciding to have an abortion. I am worried that my family might use this to decide which partner I choose.” Dhimas, 25, a factory worker from Bekasi, West Java
‘This is a win for those who consider themselves religious’
“It’s totally unacceptable. [The government] won’t need a ‘moral police’ or Sharia law like in Iran or Malaysia if the state can [simply] encourage the public to snitch on people.
“I grew up in a Muslim household though I’m not religious at all. I’m a transgender man, I have yet to transition legally and medically however I ‘pass’ as a man.
“I fear people snitching on me, for instance when I check into a hotel with my sister or female friends. Of course I can still present my “family card” which can prove my relationship with my sister. But it would be humiliating for me to admit that legally I’m an assigned-female-at-birth individual.
“This is a big win for those who consider themselves religious. Indonesia’s population has definitely become gradually more conservative and religious over the past 10-20 years. A lot more women wear headscarves today than 20 years ago. My mother never wore one when I was eight. Now, she doesn’t want to go out without it. I think it’s because she’s keeping up with the trend. She doesn’t want to be judged to be a “bad Muslim”.
“The more vocally you are expressing your religiosity, the better a citizen you are. Indonesia is all about conformity. Anything non-conforming, too ‘western’, too ‘liberal’, is not [seen as] good.” Ali*, 28, freelance translator from Indonesia
‘I’m not worried about the impact of the law on myself’
“Since only family members, such as parents or children, can prosecute, it’s more a family control mechanism, which I fear will ultimately be used to control women.
“I’m unmarried but in a long-term relationship with another expat, so I’m not worried about the impact of the law on myself, but if I was Indonesian living in a rural area in Java my lifestyle would be a huge issue, and I find that deeply upsetting.
“It will, in practice, all come down to how much money people have: if you’re rich, you can cohabit with your partner in an apartment block and have privacy, whereas in poor neighbourhoods houses are very tightly crammed together, gossip is very big, and people always know what’s going on with their neighbour. It’s hard to hide anything there.
“There’s no denying that Indonesia is a conservative country, and it’s very easy to stir people up when it comes to religious matters. Although I do feel that much of the religiosity here is just peer pressure, because everybody can see how much someone is praying.
“There are other problematic laws in the new criminal code, blasphemy is concerning as I’m a closet atheist, and also the laws about insulting the president and state institutions. I’ve learned to keep tight-lipped while living here and will have to continue doing that.” Zoe*, 40, an expat CEO in Jakarta
*Names have been changed
