The Indonesian House of Representatives (DPR) passed a new Criminal Code (KUHP) on Tuesday, December 6, 2022.
According to Bambang Wuryanto, Chairman of Commission III of the Indonesian DPR, the new KUHP will increase public trust in the resolution of legal conflicts while upholding legal norms, enhancing respect for human rights (HAM), and strengthening law enforcement and the rule of law in Indonesia.
However, Amnesty International Indonesia argues that the new KUHP is a setback for human rights efforts. One reason is that it criminalizes extramarital sex and cohabitation, i.e., couples living together without marriage.
"Prohibiting extramarital sex is a violation of the right to privacy protected under international law. Consensual sexual relations should not be treated as criminal," said Usman Hamid, Executive Director of Amnesty International Indonesia, in a press release on Tuesday, December 6, 2022.
"Extramarital sex is punishable by one year in prison, and extramarital cohabitation by six months. This also potentially criminalizes the promotion of contraception while maintaining abortion as a criminal act," added Usman.
Cohabitation is Common Abroad
Unlike in Indonesia, cohabitation is quite common in Organisation for Economic Co-operation and Development (OECD) member countries.
"Cohabitation is becoming increasingly popular, especially among young people. Cohabitation is most common in several Nordic countries such as Sweden, Denmark, and Norway, as well as in France, Estonia, New Zealand, and the Netherlands," stated the research team of Willem Adema et al. in their 2020 research report, *Family Policies and Family Outcomes in OECD Countries*.
According to OECD data, in 2011, the proportion of the Swedish population aged 20-34 living together without marriage reached 29.41%. Similar findings were observed in several other OECD countries, as shown in the graph.
Some countries even have specific policies protecting those living together without being married, including the UK.
"The number of cohabiting couples in the UK has increased from around 1.5 million in 1996 to around 3.6 million in 2021," stated the UK Parliament on its official website.
"Some cohabiting couples already have 'cohabitation agreements' about what they want if the relationship ends. Cohabiting parties are encouraged to seek legal advice on the terms and benefits expected from any agreement," it continued.
Cohabitation may also be practiced by many Indonesians. However, comprehensive data on this phenomenon in the country is still difficult to find.