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Critics slam vague ban on ideologies in penal code bill
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University students protest against the revision of the Criminal Code (KUHP) in front of the House of Representatives compound on Sept. 23, 2019. (JP/Donny Fernando)
C
ritics have deplored vague provisions banning non-Pancasila ideologies in the latest draft of the penal code bill, warning of risks of civil liberty curbs and New Order-style repression.
In a meeting with the House of Representatives Commission III, which oversees legal affairs, to discuss the latest draft of the Criminal Code (KUHP) bill on Thursday, the government expanded the long-existing ban on communism and Marxism-Leninism to all "other ideologies that contradict [Indonesia's founding ideology of] Pancasila".
The latest draft stipulates that disseminating or promoting communism, Marxism-Leninism and other ideologies is punishable by a maximum sentence of four years in prison, seven years if it is done with an intention to replace Pancasila and 15 years if it leads to public unrest that causes deaths. It allows exceptions for research and scientific purposes.
Albert Aries, a spokesperson for the bill's drafting team, told The Jakarta Post on Sunday that "other ideologies" referred to any ideology that aimed at replacing or changing Pancasila.
The ban on communism and Marxism-Leninism is not new. It dates back to the 1966 Temporary People's Consultative Assembly Decree (TAP MPRS) on the disbandment of the Indonesian Communist Party (PKI), which clearly states that these are forbidden ideologies. A 1999 law that revised certain provisions on crimes against national security also bans these ideologies and prescribes prison terms for various offenses related to promoting the doctrines, ranging between 12 and 20 years, or generally harsher than those of the latest penal code draft bill.
Albert said the government was only trying to codify the two existing rules, which remain intact. "This is an effort to defend Pancasila from threats and danger of ideologies that are proven to be contradicting the principles [of Pancasila],” he added.
He, however, was unable to provide what kind of ideology – except Marxism and Leninism – could be considered anti-Pancasila or which institution had the authority to decide.
