Sexuality, Privacy, and Human Rights: Rethinking the Criminalisation of Consensual Relationships in Indonesia
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Abstract
In Indonesia, the intersection of sexuality, privacy, and human rights has become an increasingly contentious issue, particularly regarding consensual relationships. The new Indonesian Criminal Code, which expands provisions on adultery, creates legal ambiguity that can be misused by authorities, potentially infringing on the right to privacy and personal liberty. While the previous law did not criminalise consensual sex, the new code allows prosecution based on complaints from close family members, such as spouses or parents, leading to potential violations of individual autonomy. Sexuality, as a fundamental human right, should be respected as part of personal dignity and bodily integrity, rather than being subjected to state moral policing. The state's role should focus on protecting individuals’ rights, including sexual autonomy, within non-harmful boundaries. Decriminalising consensual sexual activities, provided they do not harm others, is essential to safeguarding personal freedom.
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