By Setyo Laksono*
In late 2022, Indonesia passed a New Criminal Code. Supporters of the New Code claim that the Code better reflects Indonesian values and morals. However, many critics are concerned with a number of controversial provisions, including those related to morality such as cohabitation and sexual relationships. The controversy of Indonesia’s New Code provides a case study of the relationship between domestic and international law. While Indonesia, like all other nations, has the right to establish its own legal system, Indonesia is still a party to various international treaties. The Code’s morality provisions may breach these international agreements, specifically those codifying an individual’s right to privacy as a human right
This Article will discuss the origins of the New Criminal Code and its controversial morality provisions. This Article argues that the morality provisions should be modified or removed because of the risk of discretionary enforcement, corruption, and extortion. Additionally, the Article will discuss the strong international response against the provisions and the provisions’ potential impact on the post-Covid Indonesian economy. Finally, the Article will evaluate the morality provisions’ impact on American citizens traveling to Indonesia and how to best navigate the new rules.