Constitutional Court Rejects Bid to Criminalize Extramarital Sex

Jakarta Globe, Sheany, December 15, 2017

The Constitutional Court on Thursday (14/12) rejected a petition by a conservative
 group to make extramarital and same-sex relationships illegal. (Antara Photo/
Rosa Panggabean)

Jakarta. The Constitutional Court on Thursday (14/12) rejected a petition by a conservative group to make extramarital and same-sex relationships illegal.

The court said the petition was legally baseless.

In May, a group of academics, some of them members of conservative group Family Love Alliance (AILA), filed a petition requesting the court to impose criminal penalties of up to five years in prison for all sex outside marriage.

Five of nine judges voted to dismiss the petition, arguing that new offenses should be introduced to the criminal code by lawmakers, not the Constitutional Court.

"Just because a law is considered incomplete or no longer in line with social norms does not mean it contradicts the Constitution," Judge Saldi Isra said.

Beside Saldi, the judges who rejected the petition are Maria Farida Indrawati, Manahan Sitompul, I Gede Palguna and Suhartoyo.

According to the Community Legal Aid Institute (LBH Masyarakat), the petition was an attempt to deteriorate Indonesia's human rights protection agenda. In a tweet it expressed hope that the court will not bow to group pressure.