The new Criminal Code in Indonesia introduces significant restrictions on civil liberties, echoing the authoritarian past of the Suharto regime. Key provisions criminalize defamation against high-ranking officials, impose burdensome requirements on public gatherings, and reflect conservative moral values, particularly regarding LGBTQI+ rights. Civil society’s protests have been largely ignored by the government, prompting calls for international support to safeguard civic space and human rights.
CIVICUS recently engaged with Ms. Fatia Maulidiyanti, the Executive Coordinator of KontraS (The Commission for the Disappeared and Victims of Violence), to discuss the new Criminal Code in Indonesia, which has sparked concern among civil society organizations. The new code introduces significant constraints on civil rights, essentially reviving restrictive measures reminiscent of the authoritarian regime of former President Suharto. Notably, articles 218 and 219 criminalize defamation of the president and vice president, while article 240 imposes penalties for insulting the government. Such provisions threaten dissent and discourage legitimate criticism of state actions and policies. The code’s implications extend to the processes governing public gatherings, where onerous permit requirements could further stifle civic engagement. This legislation emerges against a backdrop of opaque political negotiations aimed at consolidating power in advance of the 2024 presidential election. This situation raises questions about the political environment’s direction and its ramifications for fundamental freedoms in Indonesia. Moreover, recent changes reflecting conservative moral values, such as criminalizing extramarital relations, could be seen as attempts to appease Islamic fundamentalist groups, potentially leading to further restrictions on LGBTQI+ rights. These developments have prompted civil society to voice their concerns, but their attempts for meaningful consultation with government bodies have mostly been disregarded. Widespread protests and campaigns, including ReformasiDikorupsi, exemplify ongoing efforts by civil society to oppose these legislative changes. Nevertheless, governmental dismissal of these objections signals a troubling trend in Indonesia’s commitment to democratic principles. Moreover, the international community is urged to play a pivotal role, advocating for human rights and pressuring the Indonesian government to reconsider its stance on civic space. Collaboration among international entities, including CSOs, diplomatic missions, and private investors, remains paramount to safeguarding the rights of Indonesian citizens and ensuring accountability in governance.
The new Criminal Code in Indonesia marks a significant shift in the landscape of civil rights and liberties, reminiscent of the oppressive policies of the Suharto era. Established in 1998, KontraS has been a key player in highlighting human rights violations, particularly enforced disappearances and state violence. Recent legislative changes threaten to undermine civil society’s capacity to operate freely, posing risks to fundamental freedoms and the ability to voice dissent. The government’s lack of transparency and consultation during the drafting process amplifies these concerns, particularly as the country approaches elections that may further consolidate power.
In summary, the new Criminal Code in Indonesia not only curbs the rights of individuals to criticize the government but also poses serious risks to civil society as a whole. The measures outlined, including the criminalization of dissent and the imposition of restrictive rules on public demonstrations, reflect a troubling regression towards authoritarianism. With the international community’s advocacy, there exists a possibility to encourage a re-evaluation of these laws and promote the preservation of democratic principles in Indonesia.
Original Source: www.civicus.org
