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Indonesia’s New Criminal Code: A Threat to Human Rights

Human Rights Watch has raised alarm over Indonesia’s new criminal code, which compromises the rights of marginalized populations, including women, LGBT individuals, and religious minorities. The code’s provisions criminalize consensual relationships and extend blasphemy laws, greatly affecting personal freedoms. In light of these developments, Human Rights Watch advocates for intervention from President Joko Widodo and a reassessment of existing discriminatory laws.

Human Rights Watch has expressed grave concerns regarding Indonesia’s newly enacted criminal code, asserting that it significantly undermines the basic rights of countless individuals within the nation. Specifically, marginalized groups, including women, girls, lesbian, gay, bisexual, and transgender (LGBT) individuals, as well as religious minorities, are set to be disproportionately impacted. Elaine Pearson, the Asia director at Human Rights Watch, articulated that “the new Indonesian criminal code plays into the hands of government officials who want to curtail freedom of religion, privacy, and expression.” She urged President Joko Widodo to take decisive measures against the new code and numerous local regulations that threaten the rights of these vulnerable communities. Included in this year’s World Report 2023 is a comprehensive 712-page analysis that evaluates human rights practices across nearly 100 nations. In her introductory essay, acting Executive Director Tirana Hassan emphasizes that the landscape of global power has shifted, indicating that it is no longer feasible for a select group of predominantly Global North governments to uphold human rights on their own. The global response to Russia’s military actions in Ukraine exemplifies the immense potential when nations recognize their human rights commitments. Each country, regardless of size, bears the responsibility to integrate a human rights framework into its policies and collectively safeguard these rights. On December 6, 2022, Indonesia’s parliament enacted a new criminal code criminalizing consensual sexual relations and cohabitation outside of marriage, intruding into private life and violating personal liberties. Furthermore, the blasphemy laws have been considerably expanded, expanding from one to six articles and now criminalizing apostasy — the act of leaving a religion or belief. Legal challenges are anticipated against several contentious elements of this law, which will enter a three-year transition period before full implementation. Human Rights Watch reported that during the previous year, several Muslim organizations engaged in intimidation and threats against minority communities, utilizing numerous discriminatory laws, including those concerning blasphemy, while government enforcement remained inadequate. Women in Indonesia have continually opposed oppressive hijab mandates, yet their voices have largely fallen on deaf ears. Concurrently, sporadic clashes persisted in Papua and West Papua provinces between local security forces and the West Papua National Liberation Army, leading to the displacement of approximately 60,000 Indigenous Papuans across nine conflict-ridden areas. Indonesia has maintained long-standing restrictions, preventing international rights observers and foreign journalists from accessing these regions. At the United Nations Human Rights Council in October, Indonesia voted against discussing the human rights circumstances in China’s Xinjiang region, where Uyghurs and other Muslim dissenters are reportedly subjected to arbitrary detainment and cultural persecution. As the current president of the Association of Southeast Asian Nations (ASEAN), Indonesia is urged to take an active stance in addressing the violations committed by the military regime in Myanmar, as stated by Human Rights Watch.

The article discusses the implications of Indonesia’s newly passed criminal code, which is raising alarms among human rights activists. This code criminalizes personal conduct such as consensual sex and cohabitation outside of marriage, thereby infringing on individual privacy and personal freedoms. Marginalized populations within Indonesia are particularly vulnerable to the discriminatory impacts of this legislation, coupled with the broadening of blasphemy laws. The context also encompasses ongoing issues regarding regional conflicts, governmental failures to protect minorities, and Indonesia’s role in international human rights discussions.

In conclusion, the introduction of Indonesia’s new criminal code poses significant threats to fundamental human rights and disproportionately affects marginalized groups, including women, LGBT individuals, and religious minorities. Human Rights Watch calls for immediate action from government officials to mitigate the adverse impacts of these legal changes. The global community is watching Indonesia’s actions, particularly as it leads ASEAN during a time of widespread regional human rights abuses.

Original Source: www.hrw.org

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