Simon Coveney (Cork South Central, Fine Gael)
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A new Criminal Code was approved by the Indonesian Parliament on 6 December 2022, with the support of all political parties. The Criminal Code, due to take effect in 3 years' time, will remain open to constitutional challenge pending its introduction in 2025. It will apply equally to Indonesian and foreign residents, as well as tourists.

Many provisions contained in the new Criminal Code are deeply worrying, especially those that could have a serious negative impact on women, LGBTI+ persons, religious and minority groups, and those that restrict the right to freedom of thought, conscience and religion. Provisions include the criminalisation of consensual sex outside of marriage, cohabitation of couples outside of marriage, abortion, as well the curtailment of freedom of speech. Ireland believes that such laws would be retrograde steps. The potential for the new Code to reverse progress on the protection of human rights and fundamental freedoms achieved in the last twenty years is particularly worrying.

Together with our EU partners, Ireland has been closely following the development of the Criminal Code and the wider human rights environment in Indonesia. This has included active EU engagement with the Indonesian government during the development of the Criminal Code. During the 41st Session of the Human Rights Council’s Universal Periodic Review of Indonesia in November 2022, Ireland expressed concerns to the Government of Indonesia about the deteriorating human rights situation in the state and the potential negative impact of the draft Criminal Code, particularly on freedom of expression and LGBTI+ persons. We highlighted the need to ensure that the Criminal Code would be fully compliant with Indonesia’s international law obligations including, but not limited to, the International Covenant on Civil and Political Rights and the UN Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.

Civil society in Indonesia, including groups focused on human rights, is active and vibrant. The Embassy of Ireland in Jakarta is closely monitoring reaction and developments in Indonesia and has discussed the implications of the new laws with civil society groups. The Embassy is also working closely with other EU partners based in Jakarta with a view to coordinating engagement. The Department’s travel advice has been updated with the latest information for those wishing to travel to Indonesia.