- The President of Indonesia tabled a vote on a proposed penal code that would outlaw sex outside of marriage. The legislation will now be pushed to a new parliament set to convene in October.
- The vote was delayed after it received widespread backlash from legal experts, human rights activists, and Indonesians, many of whom believed it was an overextension of conservative Islamic policies.
- The legislation included other provisions that would limit freedom of speech, reduce rights for religious minorities, and significantly restrict women’s reproductive rights.
- Gay and lesbian sex would also be functionally criminalized under the new penal code, as gay marriage is not allowed in Indonesia.
Widodo Halts Vote
Indonesian President Joko Widodo delayed a vote on a controversial new penal code Friday that, among other things, would criminalize both gay and premarital sex.
The bill was expected to be passed by parliament as early as next week, but Widodo asked lawmakers to postpone the legislation following significant public outcry. The bill will now be held until a new parliament is seated in October.
“After hearing from various groups with objections to aspects of the law, I’ve decided that some of it needs further deliberation,” the president said in a press briefing, before adding that the bill needed further review.
If passed, the new penal code would be a massive overhaul to existing legal systems.
Provisions of the Law
One provision would have punished any instance of sex outside of marriage with six months to a year in jail as well as fines. Though not explicitly stated in the law, it would also effectively outlaw gay and lesbian sex entirely, because Indonesia does not allow same-sex marriages.
According to the Institute for Criminal Justice Reform, a nongovernmental organization, millions of Indonesians could risk being jailed under the new law.
Under another article, unmarried couples living together could face up to six months in prison and fines.
The code also included measures that would restrict women’s reproductive rights. Receiving an abortion outside of the exceptions of medical emergencies or rape could be punishable by a maximum of four years in prison.
The bill would additionally restrict access to contraceptives for minors, as well as impose penalties for promoting contraceptives.
Some proposed provisions would target religious minorities, while others would limit freedom of speech, such as prohibiting anyone from insulting the president, vice president, government, and state agencies.
The new law was supported by conservative Islamic groups, who wish to see more sharia-like laws implemented in the world’s most populous Muslim-majority country.
“Indonesia has social values, moral values, also cultural values that are different from those in Western countries,” said Arsul Sani, one of the lawmakers who supported the bill, and who belongs to one of the four Islamist parties in Indonesia’s parliament.
“The state must protect citizens from behavior that is contrary to the supreme precepts of God,” said Nasir Djamil, another parliamentarian who supported the bill from a different Islamic party.
Despite its reputation for being a south-east Asian democracy with relatively moderate Muslims populations and Islamic legal systems, Indonesia has seen a recent trend towards deeper religiosity and conservative Islamic policies, especially at the local level.
In some areas, local governments have enforced aspects of sharia law, such as requiring women to wear hijabs and adopting curfews for women unaccompanied by male relatives.
The government’s efforts to implement elements of sharia law at the national level with the proposed penal code have been troubling to Indonesia’s substantial Christian, Hindu, and Buddhist minority populations, as well as many others.
“If passed, the criminal code will confirm that Indonesia is now becoming an Islamic state,” Andreas Harsono, a senior Indonesia researcher at Human Rights Watch said on Twitter.
“Indonesia’s draft criminal code is disastrous not only for women and religious and gender minorities, but for all Indonesians,” Harsono said in a statement to the media. “The bill’s provisions censoring information about contraception could set back the progress Indonesia has made in recent years to dramatically reduce maternal deaths.”
Other experts echoed Harsono’s sentiment about the spread of Islamic conservativism.
“Across the board, this is a ratcheting up of conservatism. It’s extremely regressive,” said Tim Lindsey, the director of the University of Melbourne’s Center for Indonesian Law, Islam and Society.
Beyond legal experts and activists, a large number of Indonesian citizens also voiced their disapproval of the law.
According to Al Jazeera, an online petition for the bill the be thrown out received nearly half a million signatures, and hundreds of thousands of Indonesians voiced their opposition on social media.
Some also argued that the ban on extramarital sex could discourage tourism and foreign investment, as the law would have applied to foreigners.
This could significantly hurt Indonesia, especially at a time when President Widodo is trying to attract foreign investors and expand tourism to other parts of Indonesia beyond Bali, which is a popular spot for Westerners.
According to the World Travel and Tourism Council, in 2018, travel and tourism composed 6% of Indonesia’s gross domestic product (GDP) and added 13 million jobs to the economy.
Foreign investors will also likely consider the penal code when deciding where to invest. Some international companies have also expressed concern over how the law would impact their employees in Indonesia.
See what others are saying: (Al Jazeera) (The New York Times) (Reuters)
American Influencer Kristen Gray To Be Deported From Bali
- In a viral Twitter thread, influencer Kristen Gray encouraged people to move to Bali like she did while promoting her eBook and other resources on how to do so amid COVID-19 restrictions.
- Many criticized her for encouraging an influx of travelers during the pandemic. She also sparked conversations about gentrification and was slammed for falsely characterizing Indonesia as queer-friendly.
- The local government promised to deport her Tuesday, arguing that selling her book and offering paid consultations on traveling to Bali violated the purpose of her visitor stay permit. They also say she was “spreading information that could unsettle the public.”
- “I am not guilty. I have not overstayed my visa. I have not made money in Indonesian rupiah in Indonesia,” Gray told reporters. “I put out a statement about LGBT and I am being deported because of LGBT.”
Kristen Gray Goes Viral
Officials in Indonesia said Tuesday that they will deport Kristen Gray, an American influencer who has caused international outrage in the last week.
Gray moved to Bali with her girlfriend in 2019 with plans to stay for six months. In reality, the couple ended up staying much longer because of the coronavirus pandemic, and in a viral Twitter thread, Gray shared how positive their experience has been.
Gray pointed to several benefits of moving to Bali in her posts, like its safety, low cost of living, luxury lifestyle, as well as its queer-friendly and Black communities.
She also encouraged others to make the same move and promoted their $30 eBook “Our Bali Life Is Yours” for tips on how to do it. “We include direct links to our visa agents and how to go about getting to Indonesia during COVID,” she even wrote in one post.
The thread sparked outrage for encouraging an influx of travelers to a country that has closed its borders over the worsening pandemic. On top of that, it sparked conversations about the gentrification of neighborhoods there.
Bali is a major tourist destination for Americans, Europeans, and Australians in particular, and like areas all over the world, it has suffered from the loss in visitors this year.
However, many online noted that locals have been steadily priced out of certain areas of the island as foreigners open businesses to cater to tourists. Others argue that poorly regulated development is also destroying industries that Balinese people have historically relied on.
Aside from those criticisms, many people also took issue with Gray characterizing Bali as a queer-friendly when the reality for locals is far different.
“It well may be the case for you. However, please recognize that it is because a) you’re a foreigner and b) you have economic leverage since the Indonesian local community is financially dependent on keeping you happy so they don’t mess with you,” a user named Kai Mata said in a viral TikTok.
“Please realize for the rest of us Indonesians on the island, this is not a queer-friendly place. Our gay communities are often shut down and raided by authorities and Indonesia at large has tried to mandate conversion therapy for us the LGBTQ+ Community.“
The local government responded to the public outrage over Gray’s thread Tuesday. In a statement, it said selling her book and also offering paid consultations on traveling to Bali violated the purpose of her visitor stay permit, which was valid until January 24.
Gray was also accused of “spreading information that could unsettle the public” by saying Bali is queer-friendly and suggesting foreigners travel there during the pandemic.
According to Reuters, she was being held at an immigration detention facility Tuesday and was to be deported as soon as a flight was available.
In a brief statement to the Balinese press, Gray defended herself. “I am not guilty. I have not overstayed my visa. I have not made money in Indonesian rupiah in Indonesia. I put out a statement about LGBT and I am being deported because of LGBT,” she explained.
Many of her fans believe her and also argue that she is seeing this level of criticism because she is a Black woman.
See what others are saying: (New York Times) (Reuters) (Vulture)
Petition Calls for Ban on Sexualized Fanfiction in South Korea
- A petition circulating across South Korea calls for sexualized fanfiction depicting K-pop stars and other real people to be outlawed and classified as sex crimes.
- The petition particularly focuses on the way male stars are depicted in same-sex relationships and argues that they often feature people who are minors.
- A similar petition was submitted last week to President Moon Jae-in; however, it focused on deep fakes. Because both petitions have over 200,000 signatures, they will need to be addressed by President Moon.
K-Pop Fanfiction Causes Chaos
A petition began circulating across South Korea this week demanding that “real person slash” fanfiction works be outlawed and charged as sex crimes.
“Real person slash” refers to a specific form of fanfiction that most often features sexualized versions of K-pop stars and other real people.
In particular, the petition focuses on the way male stars are depicted in same-sex relationships and the age of some of the people being portrayed. The petition notes, “due to the nature of the profession of idols, whose average age is young, many of the victims are still minors or children.”
The petition was submitted to the Blue House, South Korea’s version of the White House, and currently has over 200,000 signatures. It received a big boost in attention after K-pop star Nancy, from the group Momoland, was secretly filmed by a member of her agency while she was changing backstage. This person then doctored some of the images and uploaded them online.
While Nancy’s case isn’t hand-drawn fanfic, it did fuel outrage at what’s seen as an ineffective approach towards sex crimes in the country. Signers of this petition believe that these fanfics fall into the same category of likely illegality as deep fakes.
Deep Fakes Also Being Targeted
Additionally, just last week deep fakes – which often feature k-pop stars – had its own petition submitted to the president last week with over 300,000 signatures.
Because both petitions have over 200,000 signatures, they will need to be addressed by President Moon Jae-in
For years South Korea has struggled with secret cameras, deep fakes, revenge porn, and more violent sex crimes, such as the infamous Nth Room case that saw certain stars filming themselves having sex with women against their consent.
See What Others Are Saying: (CNA) (The Korea Herald) (South China Morning Post)
Italy Begins Largest Mob Trial in Decades
- Italian prosecutors have started their trial against more than 320 defendants linked to the ‘Ndrangheta crime syndicate.
- The charges range from murder and drug trafficking to extortion and money laundering.
- The case is so large, high-profile, and potentially dangerous that the government built a bunker for the event in Calabria, the home territory of the ‘Ndrangheta.
- Details uncovered could deliver a massive blow to organized crime in Italy and potentially across the world as the ‘Ndrangheta has major dealings in Europe, Australia, and the Americas.
Hundreds of ‘Ndranghetisti Facing Charges
A major mob trial kicked off in Italy Wednesday involving more than 320 defendants who are part of or associated with the ‘Ndrangheta crime syndicate.
In addition to these defendants going on trial, 90 others have elected for a fast-tracked trial elsewhere in Calabria.
While this is a massive affair, it’s still not the country’s largest mob-related trial in history. That happened in the ’80s against the Cosa Nostra from Sicily.
The trial is so high-profile and potentially dangerous that the government built a bunker for the event in Calabria, close to the home territory of the ‘Ndrangheta.
The court is looking at many charges against the defendants, including extortion, drug and arms trafficking, money laundering, and Mafia association – a term used in Italy’s penal code for members of organized crime.
Breaking Into the Family
Investigators hope that the trial will show just how entrenched organized crime is in the territory, as it’s believed that the ‘Ndrangheta has dealings with local politicians and businessmen. These dealings are believed to not only stem from their illicit activities but also from their legitimate businesses that were initially funded via crime-related funds. Either way, the trial is seen as a major blow for the group.
The organization is made up of multiple groups of tight-knight families that are all interconnected. For years investigators have tried to get more information on the group but following the arrest and prosecution of Luigi Mancuso, a boss in the ‘Ndrangheta, investigators finally had a way to look more closely at 12 families who make up part of the ‘Ndrangheta.
During their investigation police and prosecutors managed to turn some members of those families and use them as informants. They are expected to take the stand as witnesses during the trial. In total, prosecutors hope to put bring out over 900 witnesses.
If successful, this could be a massive blow to organized crime in Italy and potentially across the world as the ‘Ndrangheta has major dealing in Europe, Australia, and the Americas.