INDONESIA
On January 2, 2023, then-President Jokowi signed a new criminal
code (The New Criminal Code) replacing the century-old Indonesian
Criminal Code (ICC) into law, set to take effect in January 2026.238 The
code includes provisions that threaten freedom of speech, belief, and
association and undermine the rights of women, religious minorities, and
LGBTQI+ people. This law severely limits freedom of speech, restricts
democratic processes, and attacks rights related to gender and sexuality.
For example, the law includes regulations that do not allow people to
discuss alternatives like communism, and prohibit criticism of any leader,
as mentioned in Article 433 of the new Code, which explicitly prohibits
‘attacking the honor’ of any good person. Article 256 of the new Criminal
Code undermines this by requiring protesters to notify authorities or
face conviction, a practice that impacts citizens’ rights to assembly
and expression. The new code criminalizes consensual sex outside
of marriage, and cohabitation. It also legitimizes many discriminatory
regulations ostensibly based on ‘sharia law’. The Criminal Code was
criticized by different human rights groups. In late 2022, the government
pressured the United Nations to remove a critical statement from its
Indonesia website.239
IN 2022, INDONESIAN AUTHORITIES
IN CIAMIS, WEST JAVA PROSECUTED
SEVERAL INDIVIDUALS UNDER
‘BLASPHEMY’ LAWS, INCLUDING
MUHAMMAD KACE, A FORMER
MUSLIM CLERIC WHO CONVERTED
TO CHRISTIANITY. KACE WAS
SENTENCED TO TEN YEARS IN
PRISON FOR HIS YOUTUBE VIDEOS
CRITICIZING ISLAM.
In 2022, Indonesian authorities in Ciamis, West Java prosecuted several
individuals under ‘blasphemy’ laws, including Muhammad Kace, a former
Muslim cleric who converted to Christianity. Kace was sentenced to
ten years in prison for his YouTube videos criticizing Islam.240 Ferdinand
238
Janti, Nur (2023). Criminal Code’s Opponents Turn to Weakened Constitutional Court. The Jakarta Post. https://
www.thejakartapost.com/indonesia/2023/01/11/criminal-codes-opponents-turn-to-weakened-constitutional-court.html
239
Ibid.
240
Human Rights Watch. (2023). World Report 2023: Indonesia.” Human Rights Watch. https://www.hrw.org/
world-report/2023/country-chapters/indonesia
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