In the past few weeks Indonesia has witnessed several protests, with several groups of young individuals protested against the country’s new legislation outside parliament in Jakarta. Today in classes with News18, we will tell you all about the new adulty law in the country and why is it controversial. Also, what India’s law say about adultery.
Indonesia’s new criminal code ushers in a raft of new laws, including banning sex outside of marriage. The amended code says sex outside marriage is punishable by a year in jail and cohabitation by six months, but adultery charges must be based on police reports lodged by a spouse, parents or children. The law apply equally to Indonesians and foreigners living in Indonesia or visiting tourist destinations like Bali. Both Indonesians and foreigners who reside in Indonesia or travel to tourist hotspots like Bali are subject to the law. According to the laws, unmarried couples who are found having sex might spend up to a year in jail.
The law also prohibits unmarried couples from living together. The law has made it a punishable offense with up to six months in prison. Adultery will also be a crime punishable by imprisonment. Ajeng, a 28-year-old Muslim woman who lives in Depok, West Java, claimed that because she had been living with her partner for the previous five years, she was now in danger. “If one of the family members decides to call the police, we might both be arrested under the new law, “she told the BBC. “I don’t think living together or having sex outside of marriage is illegal. In my religion, it is viewed as a sin. But I don’t think a particular faith should be the basis for the penal code,” she added. The new laws are expected to be challenged in court.
Law in India
In India, adultery was previously considered an punishable offense under the law. There were provisions for it under Section 497 of the Indian Penal Code. Section 497 described adultery as “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such a case, the wife shall not be punishable as an abettor.”
In 2018, the Supreme Court in its landmark judgement verdict, overturned the law. “Adultery cannot and should not be a crime. It can be a ground for a civil offense, a ground for divorce,” then Chief Justice of India Dipak Misra had said while reading out the judgment. The judgement had come weeks after the SC had overturned a colonial-era ban on gay sex.
Further, pre-marital sex between two consented adults who are older than 18 is legal in India and is not punishable by law. However, the agreement must be voluntary and achieved without applying any pressure.
Speaking about live-in in India, unmarried couples are allowed to rent or own a home and live together. Additionally, there is no legal restriction on an unmarried, consenting couple booking a hotel. Women in live-in relationships will also be protected against domestic abuse and abusive relationships under the Protection of Women from Domestic Violence Act of 2005.
To learn about other topics taught in school, explained by News18, here is a list of other Classes With News18: Queries Related to Chapters on Elections | Sex Versus Gender | Cryptocurrencies | Economy & Banks | How to Become President of India | Post Independence Struggle | How India Adopted Its Flag | Formation of States & United India | Tipu Sultan | Indian Teachers Day Different from Rest of the World |Queen Elizabeth & Colonialism |
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