by Dames Alexander Sinaga
JAKARTA, Dec 16 (NNN-XINHUA) – Indonesia is actively popularising its newly approved criminal code, that has been widely criticised in both national and international media, for its potential to discourage tourism and investment in the country.
The new penal code, which was ratified by parliament last week, contains provisions criminalising couples who live together without being legally married, and those engaged in extramarital sex, with up to a year in prison. The controversial provisions had triggered anxieties, particularly among unmarried foreign couples visiting Bali, Indonesia’s resort island, which was frequently visited by international tourists.
Bali Governor, Wayan Koster, told the media that, visitors to the island will not be jeopardised by the code. He stressed that provisions in the criminal code on this issue stipulate that, prosecution would be conducted, if there was a complaint by a parent, spouse or child. The governor promised that, there will be no questioning on marital status upon check-in at any tourism accommodation.
“We encourage tourists not to hesitate to holiday in Bali. There are no changes in government policies. Bali remains friendly to tourists,” he said.
The idea of establishing the new penal code began in 1958, and its ratification experienced postponement in 2019, after street protests. It is adapted to the values of various communities in Indonesia, and is considered a masterpiece and a legacy, as the country, which has the world’s largest Muslim population, will abandon the previous legislation it inherited from the Dutch colonial era.
The U.S. and Australia had alerted Indonesia that, the new code could frighten off foreign investors and tourists in the archipelago. Meanwhile, the United Nations had expressed its concern about the threats to freedom and human rights posed by the new code.
Indonesian legislators, involved in the making of the penal code, have repeatedly stressed that, they had received many insights from scholars and legal experts, prior to the legislation. The new code will not come into effect immediately once it is subsequently signed by the president. It takes a maximum of three years to transition from the old code to the new one.
President Joko Widodo has not signed it into law, so far.
The Ministry of Law and Human Rights had brushed off concern on this issue, expressed by the tourism industry.
Deputy Law and Human Rights Minister, Edward Omar Sharif Hiariej, said, the new penal code “will not interfere” with the interests of foreign investors or tourists, as long as the authorities act in accordance with national guidelines.
The government, he said, would spend the next three years ensuring compliance of the authorities with the national guidelines. Hiariej added that, his office is inviting other ministries and institutions to help those who need reassurance familiarise with the new code.– NNN-XINHUA
