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Interview: This Criminal Code Damages Indonesia's Reputation

Translator

TEMPO

Editor

Laila Afifa

16 December 2022 09:07 WIB

On December 6, the House of Representatives (DPR) passed the Criminal Code (KUHP) bill that had been put forward by the government. In the name of law, order or development, the state will restrict freedom of expression as it did during the New Order era.

Deputy Minister of Justice and Human Rights Edward Omar Sharief Hiariej: Protest the Criminal Code at the Constitutional Court 

What does the regulation of cohabitation actually say? 

The regulations on cohabitation or extra-marital relations actually protect (people) from arbitrary actions on the part of regional law enforcement officials. If it is made a complaint-based charge, then no raids can be conducted. There cannot be any raids or sweeps (for such activity). 

But it can still be used to bring criminal charges? 

The criminal filing is absolute, namely by the parents or children of those cohabitating. For adultery, it is the husband or the wife. What people are creating a fuss over is about cohabitation. Only parents or children can seek the charge. Foreign tourists do not need to worry if they come with their unmarried companion. 

Can they be raided by the Pubic Order Police (Satpol PP), for example? 

They cannot be targeted in a raid because this is a charge based on a filing. It has already been stated that regional regulations are not in effect (in this case) and (have been stated) to be at odds with the Criminal Code. For any visiting tourists, if we follow the Criminal Code, only their parents or children could file for such a charge. 

Who can guarantee that no raids will take place? 

This is our duty at the ministry of justice and human rights in the next three years to disseminate its contents. The first round of dissemination is to law enforcement authorities, including to the Public Order Police. 

What proof is there that this Criminal Code is a break from the colonial mindset? 

That is found in Books 1 and 2 of the KUHP. The colonial aspect is the construction of its articles, not its content. Signs of colonial law are abstract articles, common articles that are not complaint-based; articles that create dangerous situations. This new KUHP is complaint-based. It is decolonization. 

Second, it is concrete, namely only (recognizing) insults in the form of defamation or slander. There is a reason for eliminating criminal responsibility if a public interest is involved. What interest is that? For criticism. There is no such thing under colonial law.  

How to differ criticism from insults? 

A critic voices something, a difference of opinion with a government policy. Insulting is in cases of defamation and slander. In that case in Gorontalo (the president was referred to as a genital organ). Is that polite or not? 

Does that need to result in criminal charges? 

Oh, that is eastern culture. How easily one can say it can just be forgiven. 

Is President Jokowi concerned about protests against the Criminal Code? 

He is very concerned.

Read the Full Interview in Tempo English Magazine



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