Code revision says 'no' to casual sex, sorcery

A'an Suryana , The Jakarta Post, Jakarta

Casual sex, oral sex, cohabitation, homosexual sex and witchcraft will be outlawed if proposals by the Ministry of Justice and Human Rights to amend the Criminal Code (KUHP) are adopted.

"After listening to various groups in society, including Muslims and ethnic groups, the ministry has decided to include a good number of new articles in the revised version of the KUHP," Abdul Gani Abdullah, director general of Laws and Regulations at the ministry, said here on Monday

The current KUHP is a legacy of the Dutch, who occupied Indonesia for 350 years until it gained independence in 1945.

Abdul Gani said the revision of the outdated KUHP would include the addition of new articles to cope with the complexity of Indonesian society.

A copy of the revised KUHP shows that among the new articles are those related to casual sex, witchcraft or black magic, Marxism-Leninism, contempt of court, oral sex and sodomy.

The revision is almost complete and will soon be submitted to the House of Representatives (DPR) for deliberation.

Minister of Justice and Human Rights Yusril Ihza Mahendra has said that he expected the revised KUHP would be approved after the 2004 elections.

The revised KUHP includes rulings on private matters of individuals, including casual sex and homosexuality.

Article 422, for example, rules that a person can get a maximum of two years in jail if she or he lives with her or his partner under one roof outside of marriage.

The practice of homosexuality will be strictly prohibited under the revised KUHP. Anyone who is caught having sex with the same sex will get one to seven years in jail, according to Article 427. The Associated Press reported this would only apply to those aged under 18 years.

Under Article 423, sodomy and oral sex are categorized as an act of rape, so that anyone who commits the offense can get three to 12 years in jail.

"These have been included in the revised KUHP to accommodate the demands of Muslim groups," Abdul Gani said.

Among those Muslim groups that had fought for the inclusion of sharia (Islamic laws) in the laws and the Constitution is the Crescent Star Party (PBB), which is chaired by Yusril.

Abdul Gani rejected the notion that including these articles meant the state had intervened in the private matters of individuals.

"There is no such intention by the government. It is the community that had demanded the inclusion of those articles in the revised KUHP."