Don’t sell alcohol to drunk people… Controversy over alcohol provisions in Indonesia’s new penal code

The regulations are ambiguous and it is difficult to judge the workers of bars and restaurants… Public fear of punishment
Incumbent tourism minister agrees, saying ‘revision needed’

Amid the controversy over the invasion of privacy on Indonesia’s new criminal law, such as the ban on premarital sex, it is pointed out that the content related to drinking is excessive and ambiguous this time around.

In this regard, the minister in charge has also expressed the need for a review.

According to the Antara 11 news agency (local time), Hotman Maris, a famous Indonesian lawyer, argues that the provisions relating to drinking in the new criminal laws are too ambiguous, which makes them less legally concrete and they can lead workers working in restaurants and hotels to illegal situations.

Article 424 of the new penal code approved by the Indonesian National Assembly on the 6th provides that “anyone who sells or administers alcohol to a drunken person is sentenced to up to one year in prison”.

Forcing others to drink alcohol is also said to be punishable by up to three years in prison.

In this regard, attorney Hortman feared that workers related to tourism, such as hotels and restaurants, could commit illegal acts regardless of their intentions.

This is because the definition of drunk is not clear, and even if there is a standard, if restaurant or bar employees cannot judge it clearly, they could end up selling alcohol to intoxicated people.

Furthermore, it is emphasized that the provision of excessive punishment can be punished for passing or recommending alcohol to ordinary citizens or tourists.

In this regard, Indonesian Minister of Tourism and Creative Economy Sandiaga Uno also said that Hortman’s point of view is valid and that the law will be coordinated through proper discussion before it enters into force.

Minister Uno met with reporters in Jakarta the day before and spoke about the new criminal law, saying he believes the new criminal law will not negatively affect tourism or investment.

He added that he recently met with foreign investment associations, including the United States, to hear their concerns about the revised criminal law and that he will argue that their concerns are reflected in the law.

A new criminal law approved by the Indonesian parliament bans sex outside marriage, cohabitation before marriage and abortion, and punishes insults to the president and state institutions.

Furthermore, those who organize demonstrations without prior authorization, spread false news or opinions contrary to national ideology, such as communism, will be punished and the crime of blasphemy will be strengthened.

In Indonesia, opposition to the new criminal law, strongly influenced by Islamic conservatism, is invading individual freedom, human rights, freedom of speech and religion.

In response, the Indonesian government said it would take up to three years for the new criminal law to be implemented and that it would integrate concerns through executive orders or executive rules prior to implementation.

/yunhap news