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Court defends civil rights
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The Constitutional Court's (MK) judge panel reads out its verdict to reject a judicial review petition aimed at outlawing premarital sex and same-sex relationships during a hearing on Dec.14. (JP/Seto Wardhana.)
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n a rare victory for the country’s civil rights defenders, the Constitutional Court (MK) rejected a judicial review petition on Thursday aimed at outlawing premarital sex and same-sex relationships.
The call was a close one, with four out of nine justices, including chief justice Arief Hidayat, offering dissenting opinions in the case. The five justices who rejected the ruling were Saldi Isra, Maria Farida Indrawati, Manahan Sitompul, I Gede Palguna and Suhartoyo.
Other than Arief, the dissenting justices were Anwar Usman, Wahiduddin Adams and Aswanto.
In its ruling, the court argued that the petitioners’ request was beyond its authority, suggesting they bring their case to the House of Representatives.
“Matters concerning the limitations of people’s rights are the authority of the lawmakers in the House,” said justice Saldi Isra.
The petitioners, the majority of whom are academics, requested that the court expand the definition of zina (adultery) in Article 284 of the Criminal Code (KUHP) to include premarital sex and same-sex relationships. They also wanted the court to change the legal definition of sodomy in Article 292 of the KUHP, which currently references only to pedophilia.
The petition, filed in April last year, was part of an ongoing culture war between conservative and progressive forces in shaping the country’s ideological trajectory after the downfall of Soeharto.
