Sex outside of marriage ban thrown out
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21.09.2020

Sex outside of marriage ban thrown out

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Indonesia's Constitutional Court has rejected a petition to criminalise consensual sex outside of marriage.

The petition was filed by a group of conservative academics, who argued that provisions in the criminal code on adultery should extend to sex involving unmarried people.

The petitioners also wanted sex between people of the same sex to be outlawed.
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Five judges of the nine-judge panel rejected the petition.

The judges who rejected the petition argued that it was not in line with civil liberties afforded by the constitution.

They also said the court had no jurisdiction to change the criminal code.
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"The fact that the legal provisions are incomplete does not make it unconstitutional," the judges said in their ruling, adding that the petitioners should instead propose changes to lawmakers.

Rights groups had voiced fears that a ruling in favour of the petition would threaten personal freedoms.

Pre-marital and homosexual sex is not illegal in Indonesia, except in autonomous Aceh province where a version of Islamic law, or sharia, is in force.
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"The judicial review brought by the applicants is an attempt to undermine human rights protection in Indonesia," said the Community Legal Aid Institute, a non-governmental organisation, in a statement.

"We hope that in the future the Constitutional Court can maintain its role as a negative legislator and will not bow to pressure from various groups that act in the name of religious morality," it said.

Indonesia is the world's largest Muslim-majority country, where many see sex outside of marriage as taboo.
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