The dissemination team spokesperson of the Draft Law on Criminal Code (RKUHP) Albert Aries clarified the fundamentally misleading news related to the adultery article, which is considered to harm Indonesia’s tourism and investment sectors.
“The adultery article in the new Criminal Code that takes effect three years after its stipulation is an absolute criminal complaint. This means that only the husband or wife (for those bound by marriage) or the parents or children (for those not bound by marriage) can make a complaint. No one else can report or take the law into their own hands. There will be no legal process without a complaint from the entitled and directly harmed parties,” Aries said in his statement on Thursday (Dec 8).
The articles of the Criminal Code that have recently attracted the attention of foreign tourists, including investors, are Article 411 concerning adultery, Article 412 concerning live-in relationships, and Article 424 concerning drinks and intoxicants.
Minister of Tourism and Creative Economy, Sandiaga Uno, has said he believes the newly passed Criminal Code (KUHP), specifically its provisions on live-in relationships, will not affect tourism and creative economy investment in Indonesia. “I am very confident that we can get US$68 billion (in foreign investment), and we can create 2 million jobs in this sector. But, of course, we need support,” he informed here on Saturday (Dec 10).
According to Uno, investors need legal opinion before investing in Indonesia. The legal opinion must give confidence in safe. Uno added that the ministry will still need support and assistance in terms of legal certainty to convince investors to invest.
Upholds Human Rights
Aries also stated that it is not true that Indonesia’s Criminal Code is not following human rights. “We certainly respect United Nations (UN) concern on equality, privacy, religious liberty, and journalism issues. On that basis, the criminal code regulates all of them by paying attention to the balance between human rights and human obligations,” Aries said.
The reason is that the legal politics contained in the Criminal Code are aimed at respecting and upholding human rights based on the ideals of Pancasila (the Five Principles), BhinnekaTunggal Ika (Unity in Diversity), the Unitary State of the Republic of Indonesia, and the 1945 Constitution.
He underlined that the Criminal Code does not discriminate against women, children, and other minority groups, as well as the press.
One example is the adoption of Article 6 letter d of Law Number 40 of 1999 on the Press into the Elucidation of Article 218 of the Criminal Code so that criticism is not punished because it is a form of supervision, correction, and advice on matters relating to the public interests.
According to Aries, it is also incorrect to say the Criminal Code legitimizes negative social attitudes towards adherents of minority beliefs. “The regulation of criminal acts against religion and belief in the Criminal Code has been reformulated by taking into account the International Covenant on Civil and Political Rights (ICCPR), as inputs from the civil society,” he said.
Previously, the Indonesian House of Representatives (DPR RI) passed the Draft Law on Criminal Code into law in a plenary meeting chaired by the Indonesian House of Representatives Deputy Speaker Sufmi Dasco Ahmad on Tuesday (Dec 6).
In the formulation of the Criminal Code, meaningful participation as the fulfillment of civil societies’ rights to be heard, explained, and consideration has been given as much as possible.