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hould the country outlaw sexual relationships between unmarried couples? Should the state punish those who engage in promiscuity?

Members of the House of Representatives, many of whom have themselves been embroiled in sex scandals, will decide the answers to these questions having begun deliberation on “morality” articles in the Criminal Code (KUHP) bill on Wednesday.

With the country turning more conservative, the majority of political factions at the House said they favored the idea of expanding the current legal definition of zina (adultery) to include sex between unmarried couples.

In the current KUHP, the term zina only covers sex between a married person and another person who is not their legal spouse.

Six political parties — the Prosperous Justice Party (PKS), the National Awakening Party (PKB), the National Mandate Party (PAN), the United Development Party (PPP), the NasDem Party and the Hanura Party representing more than 50 percent of seats at the House — said they supported the government’s proposal to protect morality by outlawing sex before marriage. Article 484 paragraph 1E of the KUHP bill, which is being drafted by the government, stipulates that men or women who engage in sexual intercourse outside of a legal marriage can be jailed for up to five years.

“We know that we live in plural society. Some people don’t have problems with sex outside marriage, but some others just can’t accept it because of religious [considerations]. The legal basis [of the Criminal Code] will prevent them from taking violent action, like arbitrarily arresting or burning those unmarried couples,” lawmaker Arsul Sani from the Islamic-based PPP said on Wednesday.

“Moreover, I’m sure that all people know that having sex outside legitimate marriage is immoral and the law should reflect morality and social beliefs,” he added.

In its defense, the government said the article would not violate people’s civil liberties as such a crime would only be investigated if there was a formal complaint filed by a third party, such as family members or local residents who felt “disturbed and threatened” by it as it was against “social norms”.

Muladi, a former law and human rights minister who is acting as a government representative in the deliberation of the bill, claimed that Indonesia, located in Asia, could not accept the western concept that sex outside marriage was fine.

“Here in Indonesia, we should also recognize social victims, which are the people in the surroundings that feel uncomfortable with it, particularly if there are many children and teenagers,” Muladi said.

Four parties — the Indonesian Democratic Party of Struggle (PDI-P), the Golkar Party, the Democratic Party and the Hanura Party — said they opposed the idea because morality should be left to social norms. The four parties control around 49 percent of the seats at the House.

“We all agree that sex outside marriage is unacceptable, but we shouldn’t make it a crime,” said Benny K. Harman, Democrat lawmaker and the chairman of the working committee on the bill deliberation.

“Let non-legal aspects, like social norms, work on it. We should nix it from the bill,” he added.

Golkar lawmaker Adies Kadir pointed out that the country did not even have a clear definition of legitimate marriage.

Some marriages are only legal under religious laws and customary laws, not according to the state.

“We are afraid that the state is going too deep into private and personal matters. The provision could lead to criminalization, particularly of customary marriages,” Adies said.

The National Alliance for KUHP Reform said the provision showed the government was trying to meddle in citizens’ personal lives, which could lead to excessive criminalization.

“The House should be careful with the regulation, because it could threaten the people’s right to privacy. It’s too excessive,” said Supriyadi Widodo Eddyono, director of the Institute of Criminal Justice Reform, part of the alliance.