HRW urges the Government of Indonesia to make public the draft of the reform of the Penal Code

July 7. (EUROPA PRESS) –

THE NGO Human Right Watch (HRW) has asked the Indonesian government on Thursday to make public the draft of the reform of the Penal Code that it is drafting in order to guarantee a “full and informed public debate” on its provisions.

The organization has recalled that a 2019 version of the bill raised “serious concerns” that its provisions could violate the rights of women, religious minorities and the LGTBI community, as well as the rights to freedom of expression and association.

“Ensuring that Indonesia’s long-awaited revised Penal Code respects the rights and freedoms of all Indonesians means providing a reasonable opportunity for all to discuss and debate its provisions,” HRW Deputy Asia Director Phil Robertson said. in which the Government “must immediately publish the latest text of the project”.

In June 2022, the deputy minister of Law and Human Rights -in charge of the Penal Code negotiations with Parliament-, Edward Omar Sharif Hiariej, refused to publish the draft, claiming that it could create “unrest”. Furthermore, he announced that this new version of the Indonesian Penal Code would be ready before the national Independence Day on August 17.

On June 9, an alliance of 82 civil society groups led by the Indonesian Legal Aid Foundation (Yayasan Lembaga Bantuan Hukum Indonesia) asked President Joko Widodo and Parliament to share the draft Penal Code, but received no response. , as detailed by HRW.

Thus, on June 28, student organizations in Jakarta protested against “the secrecy of the bill’s deliberations” and expressed concern that the law might undermine the protection of democracy and human rights in the country.

“The Government of Indonesia should not rush to consider such a momentous law, which will have a profound impact on the lives of so many people (…) Follow a path of transparency, consultation and participation, giving importance to international human rights obligations (…) is the best way to ensure that the new law works for the people,” added Robertson in a statement shared by the NGO.

The Indonesian Penal Code dates back to the Dutch colonial era. In September 2019, a parliamentary committee finalized a 628-article bill and planned to pass the bill during the plenary session of the House of Representatives. But massive street protests against the law in Jakarta and more than 40 other cities across the country prompted President Jokowi to delay passing it.

A detailed HRW analysis of the 2019 bill found provisions that would discriminate against non-Muslims, including religious minorities, as well as non-Sunni Muslims.

The draft also contained provisions that discriminate against women and girls, and LGBTI people. Likewise, they would also violate the fundamental Human Rights recognized by International Law, including freedom of expression, expression and association.