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Indonesia Begins Enforcing New Penal Code, Ending Dutch-Era Criminal Law

Officials cast the overhaul as a shift toward restorative justice with more efficient digital procedures.

FILE - Indonesian Law and Human Right Minister Yasonna Laoly, left, pose for the media with Deputy House Speaker Sufmi Dasco Ahmad, center, during a session ratifying the country's new criminal code at the parliament building in Jakarta, Indonesia, Tuesday, Dec. 6, 2022. (AP Photo, File)

Overview

  • Key provisions criminalize sex outside marriage on a complaint basis by close relatives and restore penalties for insulting the president and state institutions.
  • The code expands blasphemy rules and maintains penalties tied to communist ideology for association and propagation.
  • Sentencing policy moves toward alternatives such as community service, mediation and drug rehabilitation to reduce prison overcrowding.
  • The death penalty remains but now carries a 10-year probationary period that can allow commutation to life or a term of years for good behavior.
  • A companion criminal procedure law introduces updated investigative and trial processes and digital systems, while rights groups warn of privacy and speech risks and JURIST reports reduced anti-corruption penalties and fines.