On December 6th, 2022, Indonesia passed sex laws banning sex outside marriage and cohabitation. What makes this a paradox is the controversies surrounding these laws. To a large extent, this shouldn’t be a surprise, considering preceding laws criminalizing slandering the president or vice president, disagreeing with the nation’s philosophy, practicing black magic, and advocating contraception. But what does this mean for human rights such as privacy? How do these Indonesian sex laws impact families, freedom, and marriages?

First, let’s take a detailed look at the laws. I consider myself a fair person and would like to understand where the lawmakers are coming from. According to these laws, only a spouse or a family member can report to the authorities, persons found in violation of these laws. In hindsight, was this an attempt to curb adultery, control/enforce morality, and uphold Islamic virtues? Take a pick. 

The penalties include up to one year in jail upon conviction for sex outside marriage and six months for cohabitation. Indonesian sex laws extend beyond Indonesian citizens. Foreign visitors found to engage in sex outside marriage with citizens will also be subject to these laws. 

Effect of Indonesian sex laws on human rights

Human rights activists took a stand against these laws terming them as violations of human rights; specifically, the right to privacy. They term this an attempt by the authorities to control families, privacy, and morality. Currently, there are still up to three years before this law can fully take effect. We can hope this will be enough time to appease the lingering distaste in human rights activists since passing this law.

Effect on marriages and families

Polygamy in Indonesia is a culture widely practiced and accepted not only in the Islamic community but also in non-Muslim minorities. Islam allows a man to take up to four wives. Human rights activists posit, these laws specifically aim at hindering women’s freedom of being sexually active. This claim bases its argument on the foundation of polygamy being legal for men. The complainants nominated are spouses or family members of offenders. It is pertinent that families will experience strained relationships as a result of these laws either directly or indirectly.

Hypothetically speaking, if a spouse reports their spouse for engaging in adultery, their spouse is convicted and serves a one-year sentence as a result. Parents could also report their children to the authorities for the same crimes. Now, I mentioned my impartiality when it comes to fairness, but how can this family move forward after the fact? Do they continue as if nothing happened? My thoughts are; even if they manage to get back together, lingering feelings of betrayal on both parties will remain. One of the greatest family virtues is forgiveness. In reality, very few can actually forgive and forget giving such relationships a clean slate. 

Effect on illegal abortions

Early pregnancies are not a foreign concept in the world; Indonesia is no exception. To draw conclusions about a spike in illegal abortions within the country to avoid facing the music is not far-fetched. Teenagers can be reckless; therefore assuming that laws will keep them in line is dooming. Additionally, parents trying to avoid scandals that shame their families would be complacent in placing teenagers in harm’s way through illegal abortions.

Conclusion

Indonesian sex laws solicit further discussion of their true impact on society, human rights, and families. It is not enough to simply pass a law or criticize it from afar, firm action encouraging morality should be taken.