Episode 42: Rancangan Hukum Kurang Pikir: RKUHP and Its Threat to Indonesian Democracy

In this episode, Stephanie talks with Naila Rizqi Zakiah, a lawyer for LBH Masyarakat, a branch of the Indonesian Legal Aid Foundation, an organization dedicated to providing pro-bono legal assistance in human rights issues and other social issues, about the current plans to revise the Indonesian criminal code under a draft proposal called the RKUHP (Rancangan Untuk Merevisi Kitab Undang-Undang Hukum Pidana). The proposal has generated a lot of controversy, because, among other things, it seeks to criminalize sex outside of marriage and homosexuality (in the framework of an article about “zina” or adultery) under the grounds of protecting women, children, and families. But, as Stephanie and Naila’s conversation show, the proposed revision is more concerned about moral policing sexual activities rather than actually address the issues that impact the most marginalized communities. Many people through no fault of their own can potentially go to prison under this proposed criminal code — people such as rape victims, victims of sexual exploitation, teenagers who have consensual sex outside of marriage, couples who have unregistered informal marriages (nikah siri), as well as ethnic minority groups.

This major revision to the criminal code is a huge threat to Indonesia’s fragile democracy, as it will impact every level of social life in Indonesia for generations to come — and as individuals who care about a democratic future for Indonesia, we need to stop Parliament from approving it.

Please sign this Change.org petition addressed to the Parliament and add your name and support to the fight against moral policing Indonesian society!

Thanks for listening!

NOTE: DUE TO THE URGENCY AND COMPLEXITY OF THE TOPIC, THIS EPISODE IS IN INDONESIAN.

For those interested in learning more about the topic, we’ve provided links to resources as well as other recommended readings.

Let’s Talk about the Draft Revised Criminal Code (RKUHP) — our friend and regular guest Kate Walton’s insightful tweet thread about the problems of RKUHP

Tolak RKUHP yang Mengkriminalisasi Perempuan, Anak, Masyarakat Adat dan Kelompok Marjinal — Change.org Petition to Reject the RKUHP

A multitude of sins: the revised criminal code — Naila’s writings about the RKUHP’s moral policing as a threat to democracy and freedom in Indonesia

#TolakRKUHPNgawur — RKUHP and its Criminalization of the Most Marginalized

Background on the Proposed Revision — courtesy of TIME Magazine

Indonesia Is Closer Than Ever Before to Passing New Laws That Could Change Everything — courtesy of VICE

Indonesia’s Constitutional Court rejects petition to bar consensual sex outside marriage — the MK (Mahkamah Konstitusi or Constitutional Court)’s decision to reject conservatives’ efforts to ban extramarital sex