Jakarta –
Minister of Law and Human Rights Jason Laoli open voice on the spotlight of foreign media about adultery in Criminal code just approved. He explained that the article was a crime of denunciation.
“What has recently developed is the wrong perception, especially from the outside. For example regarding extramarital sex (sex outside marriage). It seems that the turning point is going too far. I must communicate that extramarital sex they are a crime of reporting,” Yasonna said at the Indonesian Consulate-General in Jeddah on Wednesday (7/12/2022).
He said that it is impossible for anyone to be arrested and prosecuted under the adultery article if there is no report. Yasonna also stressed that journalists can only come from close relatives such as husbands or wives.
“It is impossible for the police to arrest them right away, unless they are reported. That is from the closest family, children, husband, wife. This is blown up in such a way that whoever comes with someone who is not their partner is a private matter that it is not our interference and at the same time we must maintain our Indonesian values,” he said.
He asked foreign nationals not to worry about the new penal code. Yasonna stressed that the adultery article only applies in cases of complaints from close relatives.
“There has to be a complaint. So if an Australian wants to holiday in Bali they both want a room or what is his job. Unless there are complaints from his parents from Australia which is not their culture,” Yasonna said.
3-year transition period
The speaker of the Indonesian parliament, Puan Maharani, said the new penal code was still in the socialization stage. He said there was a 3-year transitional period before the new penal code came into force.
“In fact, the most important thing is to socialize again, re-read and there is still a transition. It does not mean that this has passed immediately and takes effect. This is a 3-year transition and will only take effect in 2025,” He he said.
Previously, the Australian government said it was seeking more information on Indonesia’s moves to criminalize sex outside marriage, as the ban’s impact on tourists in Bali and other parts of Indonesia remains unclear. .
Canberra said it was “seeking further clarity” after Indonesia passed legislation to overhaul the penal code and ban sex outside marriage, AFP news agency reported on Wednesday (7/12).
“We understand that these revisions will not come into effect for another three years and await further information on how the revisions will be interpreted as the implementing regulations are drafted and finalized,” an Australian Department of Foreign Affairs spokesperson said in a statement.
The spokesperson added that officials “will regularly and carefully review the risks to Australians abroad” and “continue to monitor the situation closely”.
Article adultery
The new penal code expands the articles that were not previously regulated in the Dutch-made penal code. One of these concerns the cohabitation of a couple and adultery.
“Anyone who lives outside marriage is punished with imprisonment up to a maximum of 6 (six) months or with a maximum II category fine”, reads article 412, paragraph 1, of the aforementioned new penal code. detik comWednesday (7/12/2022).
So, can random people raid cohabitating couples? The answer is no.
This is because it is the husband/wife or the parents who can complain. This is governed by Article 412 paragraph 2:
Against the Crime referred to in paragraph 1, only a lawsuit shall be filed:
a. husband or wife for people who are related by marriage; or
b. Parents or children for people who are not related by marriage.
(haf/rfs)
