JAKARTA | The article on adultery in the new Criminal Code that will take effect 3 years later is the Absolute Complaint Offense. This means that only husband or wife (for those who are married) or parents or children (for those who are not married) can make complaints. Other parties cannot report it, or even “playing judge” So there will be no legal process without complaints from the rightful party, who is directly harmed.”
We need to provide this clarification following the rise in misleading and fundamentally erroneous news regarding the article on adultery which is considered to have a negative impact in the tourism and investment sector in Indonesia.
In fact, there are no substantive changes related to this article when compared to Article 284 of the old Criminal Code. The difference lies only in the addition of parties who have the right to complain and even if proven true, there are alternative sanctions of no more than 10 million Rupiah.
“So there’s really nothing to worry about. If all this time tourists and investors can be comfortable in Indonesia, then this condition will not change either.”
It is proper for Indonesia to pay respect to Indonesian marital values through this article, as long as this regulation does not violate the private space of the public, including visiting tourists and investors.
In addition to the offense of complaint, the Criminal Code has never required the party entitled to complain to use that right (Because a complaint cannot be separated, meaning that it is impossible for a complaint to only one of the perpetrators to be processed, the decision to make a complaint will also be correct and really considered by those who have the right to complain.The new Criminal Code has also never provided additional administrative requirements for business actors in the tourism sector to ask anyone about their marital status.
Investors and foreign tourists don’t have to worry about investing and traveling in Indonesia, because people’s privacy is still guaranteed by law, of course without reducing respect for Indonesian values, so please come and invest in remarkable Indonesia!
Dr. Albert Aries (Spokesman of socialization team of the new criminal code of Indonesia)
Press Release .(Red)