GROUP PROJECT

ARTICLE

“Indonesia is about to pass a law that would criminalize sex outside of

marriage”

Subject :

Legal English

Supporting Lecturer :

RidhaAmalia, M.M
Compiled by :

1. YuliaPutri (2121030114)
2. DheaYufalia (2121030087)
3. AnisaLuthfiAprilia (2121030094)
4. GandaAdiSaputra (2121030117)
5. Ahmad ArrafiDarmawan(2121030089)

FACULTY OF SHARIA

SHARIA ECONOMIC LAW MAJOR

RADEN INTAN STATE ISLAMIC UNIVERSITY LAMPUNG

2021/2022
 Indonesia is about to pass a law that would criminalize sex outside of marriage

Indonesia is set to pass a highly controversial new penal code that would criminalize
consensual sex outside of marriage and effectively outlaw same-sex relations, in a move human
rights groups have criticized as a violation of basic freedoms.

The draft code, which will also introduce penalties for insulting the president, is set to be
adopted as soon as next week, after the government agreed to the bill Wednesday.

Human Rights Watch called the draft criminal code "disastrous not only for women and
religious and gender minorities, but for all Indonesians," and is calling on lawmakers to drop the
controversial articles before passing the law.

A group of NGOs are now urging Indonesian President Joko Widodo to step in and delay the
628-article bill, before it is expected to be legalized on September 24.

Indonesia is the world's largest Muslim-majority country, but prides itself on being a tolerant
nation with a diverse mix of ethnicities and religions. But there has been a rising intolerance in the
country against religious and sexual minorities from increasingly assertive religious conservatives.

The ruling comes months after a closely fought election that saw progressives pitted against
Islamic hardliners and worries over increased involvement by Islamic groups in politics were brought
to the fore.

The new criminal code has been in the making for decades. Indonesia's Minister of Law and
Human Rights Yasonna Laoly, who reintroduced the bill in 2015, told CNN that the law replaces the
100-year-old Dutch colonial-era penal code and would make Indonesia's criminal law more in line
with how Indonesians live today.

"We would like to change to our new penal code to focus more on Indonesian perspectives
in the law. The reason is because there are some laws in the penal code that are not suitable for
Indonesia any more," Yasonna Laoly said.

The House of Representatives commission that oversees legal affairs agreed on the final
draft on Wednesday and the bill will go to a parliamentary plenary session on September 24 where it
will be made into law.

"This is a formality because all the parties in parliament have agreed," Laoly said.

Once ratified, the law will take about two years to take affect so the public and law
enforcement can become familiar with the new regulations.

Rights groups say many of the articles would discriminate against against women, religious
minorities, members of the LGBT community, as well as stymie freedom of speech and freedom of
association.

Andreas Harsonso, senior Indonesia researcher at Human Rights Watch, said that the next
century would "likely be disastrous for minorities in Indonesia."
 Under the proposed law, extramarital sex can be punished by up to one year in prison and
couples can be prosecuted if a close family lodges a police complaint.

Rights groups say, while the article does not specifically mention same-sex conduct, it
effectively criminalizes all same-sex relationships. Members of the LGBT community, who already
face persecution and discrimination in the country, could also be targeted with a vaguely-worded
article that criminalizes "obscene acts" with a penalty of up to six months in prison.

And unmarried couples who are reported to police for living together could be sentenced to
six months in prison or face a fine. A village chief can also file a police complaint if close family do
not object.

Among the many changes to existing laws, the draft code states that only a doctors have the
right to decide to perform an abortion and a woman could face four years in prison for having one.
Anyone who helps a woman terminate her pregnancy faces five years in jail.

The code would also make it a criminal offense to insult the president or vice-president,
raising concerns relating to the stifling of press freedom.

Head of the Indonesia Legal Aid Foundation, Asfinawati, who like many Indonesians goes by
one name, said that the new penal code is a set back for democracy in the country.

"There are some articles that can easily put people into the jail and a lot of multi-
interpretations on those articles," Asfinawati said, adding that they would conduct a judicial review.

Another provision expands the current blasphemy law and maintains the maximum five-year
prison term, according to Human Rights Watch. The group said more than 150 people, most of them
religious minorities, have been convicted under the law since it was passed in 1965, including former
Jakarta Governor Basuki "Ahok" Purnama in 2017.

Some see the law as evidence that hardline religious forces are influencing politics -- an issue
that was a major theme during recent elections -- and of increasing Islamic conservatism and
intolerance against minorities in the country.

If passed, the law "will confirm that Indonesia is now becoming an Islamic state,"Harsono
said. "The unwritten part of all of this arguments is that it is based on Islamic Shariah minus the
lashing."

Northernmost Banda Aceh is the only province in the country that observes Shariah -- or
Islamic law -- and those found guilty of breaking the strict morality laws are flogged in
public.Minister of Law Yasonna Laoly said that was a "big misperception" and called the law a
"legacy" as the bill was made for Indonesians by Indonesians.

"Not all the people agreed to some articles -- if we were to listen to everybody we would
never finish this bill -- but we have made the best one. We have listened to everybody, every expert,
political party and tried to come up with rules that can be accepted," he said.
This article was published edition.cnn.com, with the title “Indonesia is about to pass a law that
would criminalize sex outside of marriage ”. Click to read
https://edition.cnn.com/2019/09/19/asia/indonesia-criminal-code-reform-intl-hnk/index.html

Explanation:

Main idea:
- Noun
1.
2.
3.
- Pronoun
1. A group of NGOs are now urging Indonesian President Joko Widodo to step in and
delay the 628-article bill, before it is expected to be legalized on September 24.
2. We would like to change to our new penal code to focus more on Indonesian
perspectives in the law.
3. "Not all the people agreed to some articles -- if we were to listen to everybody we
would never finish this bill -- but we have made the best one. We have listened to
everybody, every expert, political party and tried to come up with rules that can be
accepted," he said.
- Adverb
1. Indonesia is set to pass a highly controversial new penal code that would criminalize
consensual sex
2. sex outside of marriage and effectively outlaw same-sex relations
3. But there has been a rising intolerance in the country against religious and sexual
minorities from increasingly assertive religious conservatives
- Verb

1.

2.

3.

- Adjective
1. Human Rights Watch called the draft criminal code "disastrous not only for women
and religious and gender minorities, but for all Indonesians," and is calling on
lawmakers to drop the controversial articles before passing the law.
2. Indonesia is set to pass a highly controversial new penal code that would criminalize
consensual sex outside of marriage and effectively outlaw same-sex relations, in a
move human rights groups have criticized as a violation of basic freedoms.
3. Under the proposed law, extramarital sex can be punished by up to one year in
prison and couples can be prosecuted if a close family lodges a police complaint.
- Conjunction
1. Human Rights Watch called the draft criminal code "disastrous not only for women
and religious and gender minorities
 2. The code would also make it a criminal offense to insult the president or vice-
president, raising concerns relating to the stifling of press freedom.
3. but for all Indonesians," and is calling on lawmakers to drop the controversial
articles before passing the law.
- Quantifier
 Many
1. Right groups say many of the articles
2. Amoung the many changes to existing law
3. Who like many Indonesia goes by one name
 Some
1. The reason is because there are some laws in the penal code
2. There are some articles that can easily put people into the jail and a lot
3. Some see the law as evidienc that hardline religious forces
 Most
1. Most of them religious minorities
 Any
1. Not suitable for Indonesia any more
 A lot
1. A lot of multi-interpretations on those articles