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Jake Mareno

Mr. Phillips

AP Lang 1st Period

13 December 2019

Problematic Legislation in Indonesia

Since the fall of the dictator Suharto in 1998, Indonesia has been working towards a

strong, progressive democracy free of corruption - it is viewed as one of the most, if not the most

democratic nation in Southeast Asia. The April 2019 re-election of President Joko Widodo,

commonly referred to as Jokowi, was thought to be a sign of continued growth of human rights

and democracy; he was an outsider, fairly new to politics, and a progressive and secular leader in

a rather conservative and religious region of the world. However, the Indonesian Parliament

under Jokowi has recently both ratified new legislation regarding their anti-corruption

commission and also proposed legislation for extremely controversial reforms to the criminal

code. This legislation, along with other issues, has led to protests in the streets all over Indonesia

and for good reason: The recently passed KPK reforms and proposed criminal code changes in

Indonesia allow for more room for government corruption and unfairly strip its citizens of their

human rights.

In 2002, the Indonesian government formed the Corruption Eradication Commission, or

in Indonesian the Komisi Pemberantasan Korupsi (KPK). The KPK’s goal was to remove the

near endemic presence of corruption in government. The KPK has a near 100% conviction rate

and has for example jailed former speaker of parliament Setya Novanto for 15 years after being

caught involved in a plot to steal $170 million tax dollars (Walton). Corruption is viewed as one
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of the biggest issues in the country by many citizens, and the KPK is the main defense against it.

However, legislators have been working to reduce its power since its formation (Paddock and

Muktita). Attempts to reduce the power of the KPK are attempts to undermine democracy. The

most revisions are a clear example of a successful attempt of doing so.

On September 17th, revisions to the law regarding the KPK were passed (with the

approval of Jokowi). Protestor Hamzah Mustaffa claimed that the weakening of the KPK was

“the biggest blow” in sparking their protests (Raslan). The main changes include requiring the

approval of a board handpicked by the president for the use of wiretaps and the requirement of

KPK members to be civil servants. By imposing this requirement, outside experts cannot easily

be recruited for assistance. Lalola Kaban, a member of the Indonesia Corruption Watch, told ​Al

Jazeera​ that the new law "hampers the independence" of the investigators and could make

special prosecutor’s independence be “irrelevant.” In addition, the five commissioners of the

KPK are can no longer be investigators and prosecutors, which impedes their ability to start

investigations. These revisions can only be seen as restrictions of power of the KPK and allow

for more potential corruption, especially with regard to the President.

President Widodo was initially seen as a staunch supporter of the KPK and spoke in favor

of it, but his recent actions do not reflect this position. His police chief and other appointees have

since been investigated by the organization (No Jokowi; Banyan). In private Jokowi has

reportedly complained about the organization, claiming it slows down government with tedious

investigations and that its wiretaps were too expensive. Most telling of all was his decision to not

involve the KPK in his cabinet selection of 2019, even though he did after winning the first

election in 2014 (McRae and Roberts). Jokowi has seemingly grown cold to the idea of KPK,
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and could perhaps be seizing an opportunity to gain more room for corruption and power. This

power is especially concerning due to his party’s dominance.

The threat of corruption is all the more increased due to Jokowi and the Indonesian

Democratic Party of Struggle’s (PDI-P) growing control of the government. The party of the

president already has 74% of the seats in parliament. After winning the 2019 election against

rival Probowo Subianto of the Gerindra Party, Jokowi surprisingly appointed him as the minister

of defense in his cabinet. While some may view it as a bid of goodwill and a move for a greater

diversity of views in his cabinet, Stephen Sherlock of the University of New South Wales told

The Economist,​ "Jokowi is aiming to neutralise Mr Prabowo's party, Gerindra, and prevent it

from being a centre of opposition in the parliament and possibly on the streets.” (Indonesia

Politics: Governing unopposed) By preoccupying the main leader of the opposing party, their

influence is reduced leaving Jokowi’s party with more control. In reaction to this appointment,

Johnny Plate, the secretary general of the Nasdem Party (who are allies of the PDI-P), expressed

contempt and stated, "If there's no one criticising the government's decisions, what will become

of this country?" Just one day after commenting, he and 3 other Nasdem members were given

cabinet posts by Jokowi (“Indonesia Politics..”). He was very quick to shut down a voice calling

him out for gaining control and wanted to keep face to the public. Jokowi’s tendencies to gain

increasing control for his party can be clearly seen, and a single party dominated state can leave

much more room for corruption when there is little competition to keep them in check.

Corruption is not even the only issue - protesters are furious with the draconian and

backward proposed revisions to the criminal code. The new code criminalizes all extramarital

sex, which would also criminalize gay relations due to gay marriage already being illegal/invalid
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in Indonesia. Abortions would be banned in all cases except for medical emergency or rape (Not

just about sex: Indonesia’s protests explained). Access to abortion and LBGT rights are one of

the most prominent issues and a huge platform of the progressive movement of the 21st century -

the proposed code would be a complete step backward. Further restrictions include the

prohibition of family planning resources, birth control education and disallowing unmarried

couples to live together. Family planning and birth control are one of the best ways to reduce

abortion if that is the government’s goal, and couples should always have a chance to live

together for some time if they wish to confirm they are compatible before committing to a

potentially problematic marriage.

The restriction of rights does not end there; the new code also increases laws on

blasphemy, outlaws criticism of the president, and allows the death penalty for treason. Freedom

of speech and the press is another critical inviolable human right, and also goes hand in hand

with government corruption - a government can get away with much more if no one is allowed to

call it out. Blasphemy laws also infringe on freedom of religion - the most common case of

“blasphemy” in Indonesia would be anti-Islamic speech. Even though Indonesia is the largest

Muslim majority country in the world, its constitution is secular and its government has also

traditionally been mostly secular (Walton). However, the religious right is starting to rise and

gain more power in Indonesia; the code revisions themselves are being proposed and supported

mainly by very conservative Muslim legislators and constituents. In 2017, the Christian governor

of Jakarta was jailed for blasphemy, demonstrating a shift towards a more conservative Islamic

society (“Not just about…”). Removal of a governor for his religion clearly contradicts the

supposed secular foundation of Indonesia’s government and constitution.

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To protest the KPK reform and criminal code proposals, as well as forest fires, mining

laws, and conflict in the West Papua regions, thousands across the country gathered in the streets

of major cities starting on September 23rd, with the protestors consisting mainly of young

students. The protestors themselves had their rights violated through being injured, arrested, or

even killed. The first day was relatively peaceful until 4:30 PM when police fired tear gas at the

crowd. The conflicts escalated to the point of water cannons, batons, and rubber pellets being

used by the police - the protestors were denied the democratic right to peacefully assemble and

protest (Raslan). On Sulawesi Island, two students died under unclear circumstances. Jokowi

paid his respects and condolences to the victims and called for a thorough investigation, but no

investigation and condolences can make up for the loss of life (Paddock and Muktita). Three

more died in Jakarta after prolonged injuries from tear gas and water cannons. To add to the

maliciousness of the government’s response to the protests, some pointed out how other similar

protests were treated with much less violence and police actions. The protests to imprison the

Christian governor of Jakarta had no use of rubber bullets, water cannons, or tear gas (Walton).

The bias of government towards the extreme religious right continues to be evident.

Some accused the protestors of naivety and ignorance. In response, protestor Hamzah

Mustafa told the ​South China Morning Post​, “[The students] might not understand the essence of

the protests and may have been there only for the hell of it, but they were still there; this shows

how the whole thing matters to them.” What showcases democracy better than a large group

protesting together against legislation? Supporters of the criminal code wish to use legislation to

force their restrictive views and morals on others who may not agree with their idea of morality.
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These protestors know their government is attempting to violate them, and they are willing to

make sacrifices to sustain their rights.

As president, Jokowi has naturally been the central target of criticism. Djayadi Hanan, a

political science at Paramadina University political science lecturer, stated that “the ball is now

in the court of the president. There is a lot of anger among the public with many people feeling

betrayed. They see him as turning his back on the people - after they'd been loyal to him.” (Not

just...) Jokowi “is saying he wants democracy, human rights and free expression, but on the other

hand the police keep arresting and criminalizing people,” said Usman Hamid, executive director

of Amnesty International Indonesia (Paddock and Muktita). Jokowi’s hypocrisy or perhaps

cowardice is becoming clear to the public, but only after he had already won the election. The

protestors did manage to convince him to postpone the vote on the criminal code changes and he

even stated he may consider revising the KPK law changes but has since given up on doing so

(McRae and Roberts). The path to corruption has been opened up further, and the prospects for

maintaining rights continue to look dim.

Once seen as a democratic bastion in the rather oppressive region of Southeast Asia,

Indonesia has seemingly taken a turn for the worse or at least a major step in the wrong direction.

Its recent legislative conflicts are a prime example of the global movement around the world

towards true democracy and human rights. President Joko Widodo is in the hot seat, and it is

evidently up to him to right his wrongs and re-establish his image as an inspiring leader. One

could make a comparison of Jokowi to United States President Donald Trump; both were elected

as hopeful nonpoliticians or “outsiders” who ran on a platform of economic growth, and both are

now under scrutiny for controversial actions in office and allegations of corruption. We should
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all hope they can find the guidance and wisdom to lead their respective countries and the world

towards a brighter future.

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Works Cited

"Indonesia politics: Governing unopposed." ​Economist Intelligence Unit: Country ViewsWire,​ 26

Oct. 2019, p. NA. ​Gale In Context: Global Issues,​ Web. 12 Dec. 2019.

McRae, Dave, and Robertus Robet. “Indonesia's Fading Democracy Dream.” ​East Asia Forum,​

East Asia Forum, 16 Nov. 2019. Web. 3 Dec. 2019

"No Jokowi; Banyan." ​The Economist​, 28 Sept. 2019, p. 38(US). ​Gale In Context: Global Issues,​

Web. 25 Nov. 2019.

“Not just about sex: Indonesia's protests explained.” ​BBC News​, BBC, 27 Sept. 2019, Web. 25

Nov. 2019.

Paddock, Richard C., and Muktita Suhartono. “Thousands in Indonesia Protest Bills to Limit

Rights and Ban Extramarital Sex.” ​The New York Times,​ The New York Times, 30 Sept.

2019, Web. 26 Nov. 2019.

Raslan, Karim. “On the Front Lines with Indonesia's Young Protesters.” ​South China Morning

Post​, South China Morning Post, 7 Oct. 2019, Web. 26 Nov. 2019

Walton, Kate. “Indonesia's Activists Are Ready to Fight Together.” ​Foreign Policy​, Foreign

Policy, 16 Oct. 2019, Web. 3 Dec. 2019

“What's Driving the Latest Protests in Indonesia?” ​Al Jazeera​, Al Jazeera, 1 Oct. 2019, Web. 26

Nov. 2019.