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Parts of new Indonesian criminal code seem 'incompatible' with rights - UN

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Raidio Teilifis Eireann (RTE) News - December 8, 2022

Parts of Indonesia's revised criminal code appear "incompatible" with fundamental freedoms and human rights, the United Nations has said.

The sweeping overhaul includes a ban on sex outside marriage and the cohabitation of unmarried couples, which activists have said are a major threat to the LGBTQ community's rights in Indonesia.

There are also updates to offences related to blasphemy – already a crime in Muslim-majority Indonesia – while journalists could face punishment for publishing news "that could incite unrest".

The UN "notes with concern the adoption of certain provisions in the revised Criminal Code that appear to be incompatible with fundamental freedoms and human rights," its office in Indonesia said in a statement.

"Some articles have the potential to criminalise journalistic work and impinge upon press freedom," it added.

"Others would discriminate against, or have a discriminatory impact on, women, girls, boys and sexual minorities... and exacerbate gender-based violence, and violence based on sexual orientation and gender identity."Activists hold a protest against the new criminal code outside the parliament building in Jakarta

Others risk "violating the rights to freedom of religion or belief, and could legitimise negative social attitudes towards members of minority religions or belief and lead to acts of violence against them".

The reforms will make it riskier for same-sex couples to live together openly in a country where they already face widespread discrimination and anti-LGBTQ regulations, according to activists.

The UN statement also flagged provisions that could lead to violence against religious minorities.

It followed an expression of concern by the United States about the impact of the new criminal code on human rights and freedoms in Indonesia.

The revised code, which still needs to be approved by President Joko Widodo, will come into force after three years.

The legislation is "another nail in the coffin at the moment, a big nail," Dede Oetomo, an activist with the LGBTQ rights group GAYa NUSANTARA, told AFP.

"Before the new criminal code, it was already bad. People can be searched even in their private residences. Although it was not systematic, but it can happen," Mr Oetomo said.

Homosexuality is not illegal in the Southeast Asian nation – except in the police, military and in Islamic law-abiding Aceh province – but rights groups say the legislative changes pose an inherent risk to LGBTQ people.

"Many LGBTQ couples have been living together under the radar, as same-sex marriage isn't allowed here," said Robby Nasution, a 30-year-old freelancer who lives with his partner in Bali.

"With the new law, this means that another right has been taken away from the community."

Kai Mata, a musician and activist, said LGBTQ communities were "bracing ourselves for impact and backlash" from the legislation, which stood "against our rights to exist".

Source: https://www.rte.ie/news/world/2022/1208/1340691-indonesia-code

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