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'Discriminatory' provisions on adultery, cohabitation resurface in Criminal Code bill
Provisions on adultery and cohabitation that have detrimental effects on women have resurfaced in a plan to revise the Criminal Code.
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Mannequins stand outside of the House of Representatives compound in Central Jakarta on Dec. 8, 2020, as part of a campaign to push for the passage of the sexual violence eradication bill. (JP/Wendra Ajistyatama)
W
hile women’s rights activists still wait for the passage of the sexual violence eradication bill (RUU PKS), the government is pushing to reintroduce contentious provisions in the Criminal Code revision, which critics believe will further discriminate against women.
Controversial articles on cohabitation and adultery have reappeared in the newest version of the bill, despite human rights defenders previously labeling them discriminatory and a violation of the right to privacy.
A member of the team tasked with drafting the bill, Marcus Priyo Gunarto, said during a public discussion on Monday that the reintroduction of the articles was necessary because both practices “violate cultural and religious values in society”.
The reasoning aroused criticism from rights activists, who insist that criminalizing such acts will not resolve any public morality problems, and that they could be used to further discriminate against women.
Ratna Batara, advocacy coordinator at the Legal Aid Foundation of the Indonesian Women’s Association for Justice (LBH APIK), said that the cohabitation and adultery articles needed to be removed because they were discriminatory against women and other vulnerable groups.
She said the articles indicated the government’s partiality toward the institution of marriage and excluded from protection those who fell outside its scope, thereby criminalizing them.
“The articles do not take into consideration the power and gender relations in Indonesia, which remain highly patriarchal. Criminalization will only put women and vulnerable groups at a disadvantage,” Ratna told The Jakarta Post on Tuesday.
