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The Article of Adultery of the Criminal Code Does Not Burden Tourism


By: Clara Diah Wulandari )*

It was reported that the tourism sector would be disrupted by the ratification of the new Criminal Code (KUHP), in which the old KUHP was considered obsolete and irrelevant to the times. One of the articles considered to be a burden on the tourism sector is the adultery article.

Albert Aries, as the spokesperson for the National Criminal Code Socialization Team, said that the adultery article regulated in the new Criminal Code will certainly not have a negative impact. Mainly towards the Indonesian tourism and investment sector as reported by the international media.

            He explained that the adultery article in the Criminal Code is an absolute complaint offense, which means that only the husband or wife (for those who are married), as well as parents or children (for those who are not married) can make complaints.

            Albert said that the absolute complaint offense could not be reported by other parties who had no right to report. Therefore, there will be no legal process without complaints from the rightful and disadvantaged parties directly. Moreover, until the vigilante.

            Albert explained that this clarification needed to be given following the rise of erroneous and misleading media reports. Moreover, the adultery article is said to have a negative impact on the tourism and investment sectors in Indonesia.

            Through the Criminal Code, Indonesia actually wants to pay respect to the values of marriage through the adultery article. The regulations are designed not to violate the private space of the public, including tourists and investors who come.

            In addition to absolute complaint offenses, the Criminal Code also does not oblige parties who have the right to complain to exercise these rights. This is because complaints cannot be sorted out. This means that it is impossible that only one of the perpetrators will be processed in the complaint. Decisions on complaints will also be seriously considered by those who have the right to complain.

            Meanwhile, Albert also explained that there were no substantive changes regarding the adultery article in the new Criminal Code when compared to Article 284 which was written in the old Criminal Code.

            The difference is, the government only adds who has the right to complain about the adultery article and administrative sanctions under Rp. 10 million in the New Criminal Code.

            So of course there’s nothing to worry about. So far, tourists and investors can be comfortable while in Indonesia, therefore this condition will not change either.

            It should also be noted that the new Criminal Code has never provided additional administrative requirements for business actors in the tourism sector to inquire about anyone’s marital status. This means that tourists and foreign investors don’t have to worry about investing and traveling in Indonesia.

            Previously, the Deputy Governor of Bali, Tjokoarda Oka Artha Ardana Sukawati, denied reports that a number of flights had been canceled by a number of foreign tourists following the passing of the new Criminal Code Law some time ago. According to him, there has been a significant increase in the number of international flights.

            Meanwhile, Widodo Ekatjahaja as Acting Director General (Dirjen) of Immigration, Kemenkumham said, the arrival of foreign nationals (WNA) to Indonesia has actually increased from various doors.

            They (foreigners) come and pass through the Immigration Checkpoints (TPI) by sea, air or land routes. According to Widodo, there is no connection between the ratification of the Draft Criminal Code into law and the arrival of foreign tourists and investors from abroad.

            Based on data compiled by the Directorate General of Immigration, as many as 93,144 foreign nationals entered Indonesia during December 6-9, or after the Criminal Code was passed by the DPR. Of these, 19,719 foreigners entered on December 6, 20,611 on December 7, 24,341 people on December 8, and 28,473 on December 9.

            Widodo Ekatjahaja revealed that the majority of foreigners entering Indonesia came from Singapore with 21,769 people, Malaysia with 15,515 people and Australia with 10,862 people.

            Sandiaga Uno as the Minister of Tourism and Creative Economy (Menparekraf) guarantees that the privacy of the public and foreign tourists will remain protected after the new Criminal Code is passed. He said that tourists do not need to worry about the passing of the Criminal Code Law which is considered to have an impact on the tourism sector.

            His party is still guided that Indonesia will roll out a “red carpet” for tourists from abroad. Currently, the Ministry of Tourism and Creative Economy continues to coordinate with related parties to ensure that the privacy of the public and foreign tourists who are on holiday in Indonesia is maintained.

            Apart from that, Sandiaga also said, the Ministry of Tourism and Creative Economy together with related parties continues to socialize the implementation of the new Criminal Code Law.

            The outreach was carried out by deploying teams in a number of countries which are the main markets for Indonesian tourism. The team is tasked with promoting and educating, as well as communicating and outreach to tourists so they don’t hesitate to come to Indonesia either for tourism or to invest.

            The new Criminal Code, especially the adultery article, is not a barrier for foreign tourists who are on vacation in Indonesia, so that Indonesia is still open to foreign tourists and maintains their privacy.

)* The author is a contributor to Nusantara Reading Room

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