Margareth S. Aritonang, Jakarta – Lawmakers and activists are voicing opposition to an "irrational" draft revision of the Criminal Code (KUHP) that the House of Representatives is set to start considering next week.
One critic said that the proposed revisions threatened personal liberty and might return the nation to medieval times, given provisions providing punishment for those who practice black magic (ilmu hitam).
Article 293 of the revised bill stipulates that individuals who claim to practice or who encourage the practice of black magic can be sentenced to up to five years' imprisonment or to pay a fine of Rp 300 million (US$30,000).
In bad news for the job prospects for the nation's dukun (sorcerers or shamans), the article would provide penalties for those who practice black magic for financial gain.
The latest version of the draft, if endorsed, could also infringe on the rights of religious minority groups.
Article 341 of the draft, for example, provides for sentences of to up two years' imprisonment for public expressions of hatred toward the nation's five recognized religions, while Article 342 states that those convicted of blasphemy can be sentenced to up to five years' imprisonment or to pay a Rp 300 million fine.
The bill would impose a similar penalty on those who publicly insult the teachings of the prophets, apostles, holy books and rituals of any religion.
Lawmaker Eva Kusuma Sundari of the Indonesian Democratic Party of Struggle (PDI-P) said that such stipulations could further undermine religious tolerance in the country.
"Some of the articles still encourage hatred of the country's minority groups. They encourage people to place their God over others," Eva said.
Eva described the bill's provisions on black magic as "irrational" and prone to abuse. "This article and other repressive articles convince me that our legal system has yet to bring justice to minority groups," she said.
Another contentious article dealt with cohabitation. Those who live together can be sentenced to one year's imprisonment and to pay a Rp 30 million fine under the draft revision.
Meanwhile, Article 483 would provide for a maximum sentence of five years' imprisonment for adultery, up from a current maximum sentence of nine months.
Activists have also voiced concerns on proposed revisions that would make it easier for the government to stifle its critics in the mass media.
The current draft has 10 articles covering treason alone. Article 284, for example, imposes a maximum of three years' imprisonment or the payment of a Rp 300 billion fine for those who "insult" the government.
Article 285 would apply the same penalties for those convicted of publishing or broadcasting content deemed an "insult" to the government or that might create unrest in the community.
Rights activist Wahyudin Djafar of the Institute for Research and Advocacy (ELSAM), a human rights watchdog, said that the current draft failed to comply with universal values of human rights. "Almost all the articles give an opportunity to the state to treat citizens as criminals," Wahyudin said.
"The revision is intended to modernize the country's positive law, but the current draft is in fact a throwback to the colonial era," he added.
One lawmaker, however, was unconcerned by the critics. Lawmaker Indra of the Prosperous Justice Party (PKS) said that he could endorse the government's version of the draft that is slated for deliberation by the House.
Indra said that he particularly supported the article on cohabitation, which he claimed could be used to improve the country's moral standards.