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Indonesian Criminal Code Comes Into Effect Amid Civil Society Criticisms

10 1
02.01.2026

Indonesia’s long-awaited new Criminal Code, which has come under fire for its bans on pre-marital sex and insults to the state, comes into effect today.

The 345-page Code was approved by parliament in 2022 in order to replace the country’s colonial-era penal code, which was bequeathed by the Dutch prior to independence in 1945.

However, the Code has drawn criticism for its broad definitions, especially from civil society groups concerned that it might constrict civil liberties and free speech, and put government critics at risk of arrest.

Among the changes that attracted the most international attention was the creation of new provisions penalizing cohabitation and sex before marriage, which is punishable by up to one year in prison. However, in order to assuage concerns that foreign tourists could fall afoul of the law, charges will only proceed if a spouse, parent, or child files a complaint.

Civil rights activists argue that the code’s impacts are likely to be far-reaching, affecting freedom of expression, privacy, the right to protest, and the........

© The Diplomat