UN Says Criminal Code Violates Human Rights but Govt Disagrees

Drafts of law
Summary

The United Nations (UN) protested against the new Criminal Code passed by the House of Representatives on Dec 6. The UN expressed concern that several articles in the new Criminal Code are incompatible with basic freedoms and human rights, including the right to equality. "Before the law without discrimination, the right to privacy and the right to freedom of religion and opinion," the UN said in a statement on Thursday.

The UN is concerned about several articles in the new Criminal Code because they are contrary to international law. According to the UN, some articles could criminalize journalism work and violate press freedom. Here are the articles questioned by the UN: 

  • Paragraph 7 Articles 263 and 264 on broadcasting and disseminating news or false news. The UN stated that the Criminal Code contains articles that may criminalize journalism work and violate press freedom.
  • Article 414 discriminates against lesbians, gays, bisexuals, and transgender (LGBT). According to the UN, the article could criminalize LGBT sexual minority groups.
  • Articles 411 and 412 on privacy rights such as unmarried sex or cohabitation.
  • Article 302 on the right to religion or belief. This article states that anyone who incites someone not to follow a religion or belief practiced in Indonesia can be imprisoned for up to two years or fined up to Rp 50 million.
  • Articles 218, 349, and 350 on freedom of opinion and expression, including insulting the president and state institutions and conducting demonstrations.
  • Article 188 prohibits ideologies other than Pancasila. Those who spread or develop the teachings of Communism, Marxism, and Leninism can be imprisoned for up to four years and 15 years if they cause riots and death.

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