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the Criminal Code inherited from the one drawn up by the Dutch in 1886, which its critics say has many flaws and is outdated.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