Liberal observers of global politics are left to wonder if democracy and anti-colonialism are real after Indonesia has restructured their criminal code.
Large changes were made to Indonesia’s criminal code by Indonesian lawmakers on Tuesday. It bans cohabitation prior to marriage and sex before marriage. It makes it a crime to spread communism or associate with Marxist-Leninist organizations. These violations could result in a maximum four-year and ten year imprisonment, respectively. It reinstates the ban on insulting any sitting president, vice president, or national ideology. The criminalization of abortion and the use “black magic” are still in effect.
A long process of revisions to the criminal code has resulted in a revised version that spans around 200 pages. The legislature also considered a previous draft of the revised criminal code, which contained many similar provisions. It was presented to the legislature in 2019. However, large protests by students led Indonesia’s President Joko Widodo (who also addressed the legislature) to place the vote on the revised criminal code. He stated that he would return to the topic after “seriously considering feedback form different parties who feel objections to some substantive content of the criminal law” in a televised address. Widodo also assigned Yasonna Laoly, Law and Human Rights Minister, to hear the objections of dissatisfied parties so that reasonable modifications could be made.
International human rights groups and other outside groups such as Amnesty International Indonesia claim that no meaningful changes have been made to the 2019 draft.
However, this is not true. Some provisions have been loosened. The statute banning sex outside marriage included stipulations that spouses, parents or children can only report offences. The president must also report violations of the code that bans insulting him.
Laoly stated that creating a criminal code in a multi-ethnic, multicultural country that “accommodates every interest” is difficult. He hoped the Indonesian people would see that the government tried to accommodate all “public aspirations[s]” throughout this process. The unanimous vote was in favor.
Edward Omar Sharif Hiariej from Indonesia, the deputy justice minister, said Reuters that “We’re proud of having a criminal code in line with Indonesian value.”
Prior to the revisions to the criminal code, which President Widodo will sign next week, Indonesian penal code was largely a remnant of colonial times. The code of the Dutch colonial administration has been around since Indonesia declared independence in August 1945. However, it was not updated as the Indonesian legislatures struggled to make their own decisions. These civilizational issues eventually led to Soekarno and Suharto, as well as the 1998 revolution. The Indonesian legislature struggled to create a criminal code that would be compatible with the values, traditions, and values of the largest Muslim-majority country in the world, while also acknowledging the country’s many ethnicities and significant religious minorities.
Laoly stated that “it is difficult for us to separate ourselves from the colonial living heritage, even though this country no longer wants colonial products.” Laoly said, “Finalizing this process shows that even 76 year after the Dutch Criminal Code was adopted in Indonesia as the Indonesian Criminal Code,” Laoly added. “The Criminal Code is a reflection on the civilization of a country.”
Bambang Wuryanto is a member the People’s Representative Council and led the parliamentary committee to revise Indonesia’s penal code. He stated, “All have agreed ratify (draft) the law… The old code belonged to Dutch heritage… and it’s no longer relevant.”
Liberals, self-proclaimed champions for democracy and anticolonialism would be expected to celebrate Indonesia’s new criminal law. This is how they want their politics to work. International observers believe that the people elect representatives in free and fair elections. The representatives then make laws. When people raise objections to their plans, politicians reexamine them and revise them to reach a better consensus.
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However, this is not to say that Indonesia has become a model country. There are still many problems. Some of the changes made to the criminal code were better. For example, the new code changed the death penalty laws to allow prisoners who have ten years of good conduct to receive a life sentence. Others can be sent to prison for a longer period. The Indonesian government and people appear to agree that this was a good-faith effort to create something unique for them. Something that reflects their values and traditions. It is also meant to counter the cultural rot that many countries are experiencing. Although Indonesia did everything right, don’t be surprised if they get credit.
Western media outlets sifted through their files to locate experts who could oppose the new criminal code. CNN reported that the new criminal code was being criticized by some Western corporate media outlets. A CNN Travel story was that featured the headline “How Indonesia’s new sexual laws will impact tourists.” This is a warning to anyone who hopes to get sex on their next trip to Indonesia.
This is a shocking indicator of the true priorities of liberal internationalists. Liberal internationalists confuse or use terms such as democracy and anticolonialism interchangeably to refer to liberalism. However, they aren’t for either of these concepts in any meaningful way. Liberal internationalists have always been for liberalism. It is the grand, choose-your-own adventure in which the state counts beans rather than directs its citizens towards man’s ultimate ends. They see democracy and anticolonialism as means to liberal ends. They are thrown out the window if they don’t. They have many other options to enforce their evil ways, which prioritizes strong families over consequence-free sex or multi-national corporate investments.
