Legal activists reject Code revision<\/p>\n
M. Taufiqurrahman, The Jakarta Post, Jakarta<\/p>\n
A rights activist and a lawyer have expressed concern over a
\ngovernment proposal to criminalize extramarital sex and some
\nsexual acts by minors, saying it would infringe citizens' basic
\nrights.<\/p>\n
Human rights activist Hendardi of the Indonesian Legal Aid and
\nHuman Rights Association (PBHI) said on Tuesday the planned
\nrevision of the Criminal Code (KUHP), which would entail the
\ncriminalization of certain sexual behavior, would leave no scope
\nfor citizens to lead their lives in private.<\/p>\n
The planned revision was proposed by the Ministry of Justice
\nand Human Rights to replace the outdated code, a legacy from the
\nDutch colonial era.<\/p>\n
A copy of the revised KUHP shows that among the new articles
\nare those relating to casual sex, witchcraft or black magic,
\nMarxism-Leninism, contempt of court, oral sex and sodomy.<\/p>\n
"The government has no right to decide what is right or wrong
\nabout the sexual orientation of its citizens or to punish a
\ncouple that lives together outside of wedlock. It has no
\nauthority to interfere with what may occur in citizens'
\nbedrooms," Hendardi told The Jakarta Post.<\/p>\n
He added that the ministry's proposal to outlaw the teaching
\nof Marxism-Leninism also violated mankind's fundamental rights.<\/p>\n
"People cannot be punished for following a particular
\nideology," he said.<\/p>\n
As for criminalizing witchcraft or black magic, Hendardi said
\nthat it would only add to the problems of the already-corrupt
\nlegal system. "Due process of law needs concrete evidence to
\nprove certain offenses. In such a case (witchcraft or black
\nmagic), how could you prove it?" he said.<\/p>\n
Director General of Law and Regulations at the ministry Abdul
\nGani Abdullah said that revision of the outdated KUHP was aimed
\nat coping with the complexity of Indonesian society.<\/p>\n
However, Hendardi said he had suspicions that the revision was
\nbeing made to accommodate the interests of particular groups in
\nsociety.<\/p>\n
"The ministry has bowed to incessant pressure from narrow-
\nminded religious groups, to which the justice minister himself
\nbelongs," he said.<\/p>\n
Justice and human rights minister Yusril Ihza Mahendra is the
\nchairman of the Crescent Star Party (PBB), which has long fought
\nfor the inclusion of sharia (Islamic laws) into state legislation
\nand the Constitution.<\/p>\n
Noted lawyer Adnan Buyung Nasution concurred with Hendardi,
\nsaying that the planned revision would bring adverse effects to
\nthe country's legal system.<\/p>\n
"The inclusion of articles bearing the influence of certain
\nreligious teachings into the KUHP will go against the universal
\nprinciples of criminal codes adopted by almost every country in
\nthe world," he said here on Tuesday.<\/p>\n
He also said that the planned revision would jeopardize the
\nideals of a democratic society as envisioned by the country's
\nfounding fathers.<\/p>\n
"Citizens from other religious beliefs would be discriminated
\nagainst if the criminal code accommodated only one religious
\nteaching as its foundation," Buyung said.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/legal-activists-reject-code-revision-1447893297",
"image": ""
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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