Revised code criminalizes public kissing<\/p>\n
Hera Diani, The Jakarta Post\/Jakarta<\/p>\n
Watch out all you lovebirds out there -- there is now a chance
\nthat lip-locking in public could send you to jail for 10 years
\nand cost you as much as Rp 300 million (US$32,800) in fines.<\/p>\n
These new penalties for conspicious, unrestrained lust -- or
\njust perhaps a peck on the lips -- are part of the new Criminal
\nCode (KUHP) draft by a team led by legal expert and former
\njustice minister Muladi.<\/p>\n
The same penalties apply for "an adult showing certain sensual
\nbody parts."<\/p>\n
Since the 1960s, there have been calls to revise the Criminal
\nCode inherited from the one drawn up by the Dutch in 1886, which
\nits critics say has many flaws and is outdated.<\/p>\n
In early 1980s, the government began working on the new code,
\nand only last month, 20 years later, the work was finally
\ncompleted.<\/p>\n
The revised code includes new regulations on environmental
\ndegradation, terrorism and human rights and has 727 articles,
\ncompared with the existing code's 569.<\/p>\n
Some critics say the draft is repressive in parts and
\ninterferes too much in people's private lives, while others say
\nsome articles would limit freedom of expression or contravene
\nhuman rights laws.<\/p>\n
The most-criticized articles include those on public morality,
\nespecially the proposed sanctions for possessing pornography,
\nkissing in public, adultery and de facto couples.<\/p>\n
If the code is passed extant, unmarried couples could be
\npenalized with to two years' jail and a maximum fine of Rp 30
\nmillion; the article would also give police and officials the
\npower to raid houses of all those they suspected of living
\ntogether.<\/p>\n
Law expert and women's rights activist Nursyahbani
\nKatjasungkana said the morality articles were excessive and
\ninfringed on the "rights of the body."<\/p>\n
"To protect children from pornography, we should regulate its
\ndistribution, not make it into a crime. And as far as kissing (in
\npublic) or living together goes, these new laws go way too far,"
\nNursyahbani said.<\/p>\n
"What about those couples who cannot register their marriages
\nbecause the state does not recognize their religions? The state
\nis not doing its duty but it is criminalizing its citizens."<\/p>\n
Even a lawyer who helped draft the laws, legal expert Andi
\nHamzah, said he was surprised about the kissing and de facto
\nrelationship laws.<\/p>\n
"What about tourists? Will we hunt them down too? I don't
\nthink that every 'immoral' act should become a crime. There are
\nstill other (non-legal) sanctions," he told The Jakarta Post.<\/p>\n
Morality articles would also regulate films, songs, pictures
\nand other art forms, meaning an on-screen kiss could also be a
\ncriminal offense for actors or directors.<\/p>\n
Others have criticized the new code as unclear, allowing too
\nmuch interpretation by government officials and lawmakers.<\/p>\n
Hinca Panjaitan, a lawyer and a free speech activist, said
\nthat 49 Articles in the new draft code could threaten the freedom
\nof the press.<\/p>\n
One example, he said, was Article 308, which would fine or
\njail all persons found to have spread "uncertain, exaggerated or
\nincomplete news" that could cause social disruption.<\/p>\n
"This (article) is not right. We are against any
\ncriminalization of press activities because there is already a
\nPress Law. My recommendation was to let the draft be, but they
\nhad to add one article, saying it would not only cover
\njournalism," Hinca said.<\/p>\n
Muladi told the Post the new draft code tried to accommodate
\nthe interests of many groups, including religious ones.<\/p>\n
"We have talked it through. Besides, it is just a draft -- it
\nis better to include everything than miss something. Otherwise
\npeople would have said we ignored them," he said.<\/p>\n
The new code did not specifically target the press, he said.<\/p>\n
"I agree that freedom of expression must exist. Anyway, as I
\nsaid, (the bill) is still just a draft. It is open for debate."<\/p>\n
The draft will next go to the President, who will later send
\nit on to the House of Representatives to be deliberated.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/revised-code-criminalizes-public-kissing-1447893297",
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