Officials say upgrading the existing criminal code, which dates back to 1918 when Indonesia was a Dutch colony, was long overdue. Among the raft of new laws, penalties around consensual sex outside marriage have drawn the most criticism. According to the revisions, unmarried couples who live together could be jailed for six months or face a maximum fine of 10 million rupiah ($710).
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Though the penalties apply to foreigners, the new law states that the police can only make an arrest after a report is filed by a close family member, such as a parent, spouse or child, making it extremely unlikely that foreigners would be prosecuted, Mr. Lindsey said. “But gay and lesbian Indonesians, who, of course, are couples and they can’t be married, they are completely exposed.”
Police have previously arrested dozens of gay men for violating an anti-pornography law, but now, all gay couples who live together are subject to possible arrest.
The push for the overhaul was backed by Vice President Ma’ruf Amin, an Islamic cleric and the former chair of the Indonesian Ulema Council, the country’s top body for Islamic scholars, according to two people who spoke on the condition of anonymity because they were not authorized to disclose the details of private conversations. Mr. Ma’ruf had previously called for “stern regulations” on the sexual activities of homosexuals.
In a reversal, lawmakers on Tuesday reinstated a provision making it illegal to attack “the honor or dignity” of both Indonesia’s president and vice president, a rule that was struck down by the Constitutional Court in 2006. In recent years, however, tolerance for such criticism has waned. Last year, the authorities arrested an artist who created a mural criticizing Mr. Joko, and activists say they have been harassed and charged with defamation for speaking up on rights abuses.
Mr. Joko — known as a moderate, secular leader — has spoken out repeatedly against intolerant views in his country. In an interview with The New York Times last month, he said Indonesia has a vibrant democracy with frequent peaceful protests outside the presidential palace. “Even today, everyone can criticize the president and the government,” Mr. Joko said, speaking before the Group of 20 summit in Bali last month. “I believe that Indonesia’s democracy is moving on the right track.”
Andreas Harsono, a researcher for Human Rights Watch, said that the laws would give the police greater opportunities to extort bribes, and lead to more corruption. Politicians would also have more excuses to target political opponents, he added. “The danger of oppressive laws is not that they will be broadly applied — no, they won’t be — it is that they provide an avenue for selective enforcement,” Mr. Harsono said.
