Indonesia’s New Criminal Code Sparks Debate, Minister Calls for Public Oversight

Post by : Saif Nasser

Indonesia is preparing to enforce a new criminal code from January 2, a major legal change that replaces laws dating back to Dutch colonial rule. While the government says the update reflects modern Indonesian values, critics warn that the law could threaten civil liberties. The country’s law minister has now stressed that strong public oversight is needed to prevent abuse.

The new criminal code runs over 300 pages and was approved by parliament in 2022. It introduces new crimes, including sex outside marriage and insulting the president or state institutions. Supporters say the law gives Indonesia its own legal system, while critics fear its broad language could be used to silence dissent.

Law Minister Supratman Andi Agtas told Reuters that the overhaul was necessary but admitted it carries risks. He said new laws are rarely perfect at the start and that public monitoring will be essential. According to him, citizens, civil society groups, and the media must help ensure the law is applied fairly.

One of the most discussed changes is the criminalisation of sex outside marriage. The offence carries a possible jail term of up to one year. However, a case can only be filed if a spouse, parent, or child of the accused makes a formal complaint. This rule has eased fears in the tourism industry, which worried foreign visitors could be targeted.

The code also makes insulting the president or state agencies punishable by up to three years in prison. Spreading ideologies that go against Indonesia’s state philosophy, including communism, can lead to sentences of up to four years. Legal experts say these rules are vague and could be used too widely.

Human rights groups and democracy activists argue that terms like “attacking honour or dignity” are unclear. They fear such wording could limit free speech and put journalists, activists, and political critics at risk. Some have described the law as a “new colonial code,” created by Indonesians but carrying the same heavy control as past laws.

Agtas said police and legal officers have received training on the new code. He added that safeguards are built into the law and into a new criminal procedure code that will soon take effect. These measures, he said, are meant to stop misuse of power by authorities.

As Indonesia moves into a new legal era, the debate is far from over. The success of the criminal code may depend not just on the text of the law, but on how carefully it is watched, questioned, and enforced by the public it is meant to serve.