Interview: This Criminal Code Damages Indonesia's Reputation

TEMPO.CO, Jakarta - Human Rights Watch Asia Director Elaine Pearson considers the new Criminal Code a setback for democracy. Deputy Minister of Justice and Human Rights Eddy Hiariej said that such criticism is baseless. 

DESPITE widespread rejection and a poor reaction from the international community, the Indonesian government and the House of Representatives (DPR) finally passed the new Criminal Code (KUHP) on Tuesday, December 6. House members claimed that the bill had been disseminated to the public and received their input. 

Deputy Minister of Justice and Human Rights Edward Omar Sharif Hiariej was also happy that the KUHP was passed. He compared it to “a burst boil.” But it has not come as a relief to the public. There has been a flurry of protests saying the new regulations endanger democracy, violate privacy rights, and deem corruption to be an ordinary occurrence. 

Its articles set out harsher punishments compared to the old KUHP, a holdover from Dutch colonial times. In addition to interfering in private matters, this new KUHP discriminates against women and the lesbian, gay, bisexual, and transgender (LGBT) community. 

The United Nations deems that this new law has the potential to imprison reporters. United States Ambassador to Indonesia Sung Y. Kim said that the Criminal Code will have an impact on investment. The Australian government issued an advisory to its citizens visiting Indonesia. “This Criminal Code damages Indonesia’s reputation as a tolerant and democratic nation,” said Human Rights Watch Asia Director Elaine Pearson in an online interview with Tempo reporters Abdul Manan and Iwan Kurniawan on Thursday, December 8. 

Tempo asked for confirmation of those criticisms to Eddy Hiariej—the nickname of Edward Omar Sharif Hiariej. 

Human Rights Watch Asia Director Elaine Pearson: This Criminal Code Damages Indonesia’s Reputation 

What do you think about the new Criminal Code? 

It is truly a disaster for human rights. This is a setback due to many provisions which are repressive and unclear, which really opens the door for privacy violations. We are also concerned about the possibility of selective enforcement of the law, which can enable the police to ask for bribes, for politicians to do a job on political opponents, and for government officials to imprison ordinary bloggers. There are many things that are concerning for us, but in particular, this criminal law will have a disproportionate effect on women, minorities, and the LGBT community. 

What are its dangers for women? 

There are two impacts on women. First, the provision which makes extra-marital sex a crime might have more of an impact on women than men because it is based on reports from family members. If you have a family member, parent, or sibling who does not approve of a certain relationship they can report it. There is also a provision that maintains the criminalization of abortion. 

Do you see any threat to freedom of opinion? 

The provision about insulting the president or vice president was canceled by the Constitutional Court and now this sort of provision has reemerged. We are very concerned the new criminal law will create fear regarding freedom of speech, freedom to associate, and freedom to form unions. It also creates limits on the right to protest. 

Shouldn’t the good name of the president and vice president be protected? 

Government officials do not need to be afraid of freedom of speech and criticism. They must take steps to deal with validly conveyed criticisms. There is a type of defamation article which is available if people want to overcome misinformation or disinformation or lies being spread. 

The government wants to punish those who slander or insult. 

There is no need for that in the Criminal Code. Indonesia has enough regulations to sue for slander and defamation. Adding them to criminal law turns them into criminal acts. Human Rights Watch opposes criminal defamation laws in every country because it should be a civil law violation.

Are any international legal standards being broken? 

It violates many international agreements and conventions on human rights. There is the International Covenant on Civil and Political Rights that protects rights to free speech and expression. There is particular concern around the impact on women and reproductive health rights, which clearly has an effect on the Convention on the Elimination of All Forms of Discrimination against Women. We haven’t even talked about the provisions on blasphemy. 

This law has been passed by the DPR. What can be done now? 

If there is sufficient pressure on President Joko Widodo, he can be persuaded to not sign it. It is important for President Jokowi to listen to the governments of foreign countries and Indonesia’s partners about their concerns and how this law could potentially affect their foreign relations with the Indonesian government. 

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