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Jokowi bows to pressure over Criminal Code bill

Bowing to public pressure rejecting the controversial revisions of the Criminal Code, President Joko “Jokowi” Widodo on Friday called on the House of Representatives to put the bill's deliberation on hold, citing public concerns over some of its problematic articles

Ghina Ghaliya, Marguerite Afra Sapiie and Marchio Irfan Gorbiano (The Jakarta Post)
Jakarta
Sat, September 21, 2019 Published on Sep. 21, 2019 Published on 2019-09-21T00:06:57+07:00

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owing to public pressure rejecting the controversial revisions of the Criminal Code, President Joko “Jokowi” Widodo on Friday called on the House of Representatives to put the bill's deliberation on hold, citing public concerns over some of its problematic articles.

The House initially rushed the deliberation and planned to pass the bill into law before its term ended this month. Following the President’s call, however, the lawmakers seem to be acceding to his demand.

Jokowi’s decision was likely driven by massive criticisms and protests from numerous scholars and civil society organizations as well as from students, who staged rallies in front of the House on Thursday and Friday.

Jokowi said he had continuously looked into and listened to the concerns of the public who had expressed their objections to some articles in the bill and that he agreed the proposed revisions needed to be “thoroughly reviewed”.

“I have ordered the Law and Human Rights Ministry to convey [my] stance to the House, that the passing of the Criminal Code bill into law should be postponed and that the bill should not be passed during the current sitting period," Jokowi said. “I hope the House is on the same page about this matter so that the deliberation of the Criminal Code bill can be continued [by lawmakers] in the next period."

The draft revisions aim to amend the existing Criminal Code, which was first introduced during Dutch colonial rule.

At least 14 articles still needed to be reviewed, Jokowi said, without specifying which ones. However, he asserted that the government and the House should get input from communities and members of the public while discussing the substance of the articles.

Law and Human Rights Minister Yasonna Laoly said the 14 articles covered several topics, namely consensual premarital sex, cohabitation and the promotion of contraception, a ban on insulting the President that had been repealed by the Constitutional Court, a ban on abandoning chickens and corruption.

Over the past few weeks, the House has continuously faced backlash from critics and the public for its plan to pass the revisions to the Criminal Code, which have been discussed for decades, as they argued that some contentious articles in the bill — if passed — would lead to criminalization of normal activities and pose threats to civil rights, including to freedom of expression and citizens’ right to privacy.

The peak of the public outcry took place on Thursday when hundreds of university students assembled in front of the House to reject the bill, blocking road access in front of the legislative building. They signed a letter of agreement with House secretary-general Indra Iskandar, comprising four demands including for the House to not pass any bills into law, including the Criminal Code, until the inauguration of the new lawmakers.

On the internet, hashtags #semuabisakena, #tolakRKUHP, #reformasiDiKorupsi and #MahasiswaBergerak went viral, calling on the government and the House to scrap the problematic articles in the bill.

Jokowi’s fresh call for postponement of the bill's passage came only four days before the House was initially scheduled to pass it into law during a plenary session of its last sitting period on Sept. 24.

House Speaker Bambang Soesatyo of the Golkar Party said he had informed House faction leaders about Jokowi’s demand and they had agreed to take it into account.

Before the plenary session, the faction leaders and the House speaker would meet to discuss it.

"We [lawmakers] are reviewing Jokowi’s request to postpone the passing of the Criminal Code bill, which is slated for Tuesday [Sept. 24]. We are also looking again at the substance of the articles that still face rejection and will inform the public again about the contents,” Bambang said.

Jokowi's Indonesian Democratic Party of Struggle (PDI-P) and other parties in the ruling coalition have expressed their support for postponing the passing of the bill into law.

A member of the House’s working committee in charge of the Criminal Code bill deliberation, Masinton Pasaribu of the PDI-P, said he would help the President to speak with all the factions in the House to delay passing the bill.

“The House and the government can continue the deliberations later in the next term with a carry-over mechanism without having to start from scratch,” he said.

Lawmakers and the government are also currently working on a bill to revise Law No. 12/2011 on the rule-making process intended to make the carry-over mechanism possible.

Institute for Criminal Justice Reform executive director Anggara said in a statement he appreciated Jokowi's decision and asked the President to establish a committee to work on criminal law reform that involves all elements of society, including scholars and experts from all related fields such as social welfare, economics, public health and civil society.

Former justice minister Muladi, an expert committee member for the Criminal Code revision who has been working on it for decades, said he was disappointed with the delay as the draft had many articles that already existed in the current law, but which were then modified to diminish the Dutch influence.

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