News
Indonesia’s bid to woo investors complicated by ‘sex ban’ code
Medan, Indonesia– For years, Indonesia has strived to present itself as a welcoming investment destination, to rival neighbours Vietnam and Malaysia.
In 2016, during his first term in office, Indonesian President Joko “Jokowi” Widodo announced the opening up of dozens of industries to foreign investment in what he termed a “big bang” of economic liberalisation.Six years later, the Southeast Asian country’s controversial new criminal code – which has been blazed across international headlines, since its adoption earlier this month, due to its ban on sex outside of marriage – is raising questions about Jakarta’s commitment to fostering an open and welcoming business environment.
In Indonesia, opinion remains divided on whether the revised criminal code, which includes prohibitions on blasphemy, cohabitation, sorcery and insulting the government, helps or hurts Jakarta’s sales pitch to the world.
The Indonesian Employers Association (APINDO) has raised concerns about several sections of the code, including penalties for corporate crime, that will have a “broad impact”, and the recognition of customary law.
“For the business sector, the implementation of this customary law shall create legal uncertainty and make investors reconsider investing in Indonesia,” APINDO said in a statement provided to Al Jazeera.
APINDO also said the ban on non-marital sex will “do more harm than good, especially for the business sector engaged in tourism and hospitality”.Other industry figures have brushed off such concerns.
“Currently the government is still implementing the new criminal code. Of course, there will be some pros and cons, but there will be a three-year period before it is applied in real life,” Clement Gultom, Managing Director of Boraspati Tour and Travel, in Medan, told Al Jazeera.
“As such, I am more inclined to choose not to be aggressive towards the new criminal code,” Gultom said, adding that lawyers and activists could apply for a judicial review of the code, through the Supreme Court, if necessary.
Khairul Mahalli, Chairman of the North Sumatra Chamber of Commerce and Industry, expressed similarly upbeat sentiments.
“The function of the government is as a regulator and the function of businesses is as an operator,” he said. “We need to support the government and make sure that the new laws are coordinated at all levels of governance.”
Mahalli said bodies, such as the Chambers of Commerce, would be instrumental in connecting foreign businesses, with local partners, and ensuring the smooth continuation of businesses, after the code comes into effect.
“For now, the world of business, in Indonesia, has not been affected and is a world of opportunity,” he said.
The revised code – a complete overhaul of the code from 1918, when Indonesia was a Dutch colony – had been controversial for years, before its passage, sparking nationwide protests, in 2019. Then, as now, critics feared it would violate basic human rights and erode Indonesia’s democratic freedoms.The changes come as Indonesia has been making strides in its bid to attract investment, which includes a target of attracting $89bn in foreign investment next year.
Indonesia’s foreign direct investment (FDI) rose 63.6 percent, on a yearly basis, in the third quarter of 2022, hitting $10.83bn, according to the Investment Minister, Bahlil Lahadalia.China, Japan and Singapore were the biggest sources of investment, which was mainly driven by the development of resources processing – part of the country’s wider strategy to add value to its minerals.
Some environmental activists have suggested the revised code, far from dissuading investors, will embolden those who wish to exploit fragile ecosystems.Arie Rompas, a campaigner at Greenpeace Indonesia, said he believed the code had been ratified for the benefit of foreign investment and to silence critical voices.
“Investors will be happy because articles on environmental crime have been made easier, which is to say that environmental crimes have been made more difficult to prove in Court,” Rompas told Al Jazeera.
Rompas said many of the new laws, that critics say will restrict dissent and protest, are likely to be used against those who criticise foreign investment, particularly projects that threaten the environment.
“The potential for criminalisation actually threatens local communities and activists if they protest or criticise projects, considered strategic by the government, in cooperation with outsiders,” he said.
“This criminal code was designed to strengthen the spirit of colonialism’s legacy of exploiting natural resources, damaging the environment and silencing critical voices in civil society.”
The new criminal code places restrictions on “organising a march, rally or demonstration” and includes penalties of up to six months in prison for anyone found to have caused “a disturbance to the public interest, trouble, or riots in the community”.Other articles make insulting public authorities, and state institutions, a crime, punishable by up to 18 months in prison.
Usman Hamid, Director of Amnesty International Indonesia, said the Batang Toru Dam project, a $1.6bn China-funded hydropower business, run by Jakarta-based PT North Sumatra Hydro Energy, is an example of the kind of projects the government hopes to protect with the criminal code.The project, which began in 2017, has been controversial, from the start, due to what activists say is the threat it poses to the local Tapanuli orangutan population. Source: Al Jazeera
The General Manager of Railways has announced that the following special train services will operate during the Sinhala and Tamil New Year period.
1. From Colombo Fort to Badulla – departing Colombo Fort at 1930 hrs on 11th, 12th, 19th and 20th April
2. From Badulla to Colombo Fort – departing Badulla at 1750 hrs on 11th, 12th, 19th and 20th April
3. From Galle to Anuradhapura – departing Galle at 0400 hrs on 12th and 13th April
4. From Anuradhapura to Galle – departing Anuradhapura at 1500 hrs on 12th and 13th April
5. From Colombo Fort to Galle – departing Colombo Fort at 120 hrs on 10th, 11th, 15th and 20th April
6. From Galle to Colombo Fort – departing Galle at 0610 hrs on 11th, 12th, 16th and 21st April
7. From Colombo Fort to Galle – departing Colombo Fort at 1330 hrs on 12th and 13th April
8. From Colombo Fort to Kankasanthurai [Intercity Express] – departing Colombo Fort at 0530 hrs on 11th and 18th April
9. From Kankasanthurai to Colombo Fort [Intercity Express] – departing Kankasanthurai at 1350 hrs on 11th and 18th April
10. From Beliatta to Colombo Fort – departing Beliatta at 0825 hrs on 12th, 13th, 18th, 19th and 20th April
Prime Minister Dr. Harini Amarasuriya visited Hamburg, Germany, focusing on strengthening vocational education and economic partnerships between the two nations. During her visit, she participated in the 102nd East Asia Friendship Dinner, met with German President Frank-Walter Steinmeier, and engaged in high-level discussions on investment, education, and economic reforms.
As a Guest of Honour at the German Asia-Pacific Business Association (OAV) annual gathering, Prime Minister Amarasuriya addressed an audience of business leaders and dignitaries, emphasizing Sri Lanka’s economic recovery and its potential as a growing investment destination. She highlighted the contributions of over 160 German companies in Sri Lanka and invited further collaboration in trade and business.
In her capacity as the Minister of Education, Higher Education, and Vocational Education, the Prime Minister delivered a keynote speech at the ’German-Asian Forum on Vocational Education & Training.’ She acknowledged Germany’s decades-long support in Sri Lanka’s vocational education sector and stressed the importance of modernizing vocational training to align with industry demands. Additionally, she visited ITECH vocational school and German research hubs such as NXP Semiconductors and DESY, discussing collaboration in IT and technology-driven industries.
During her discussions with President Steinmeier, Prime Minister Amarasuriya reiterated Sri Lanka’s commitment to economic stability, social protection, and national unity. She also attended a business roundtable, where she engaged with German companies and government representatives on economic expansion, digitalization, and sustainable development initiatives.
The Prime Minister was accompanied by Sri Lanka’s Ambassador to Germany, Varuni Muthukumarana, and senior embassy officials.
[Prime Minister’s Media Division]
Attorney-at-Law Senaka Perera on behalf of the Committee for Protecting Rights of Prisoners (Guarantee) Limited has asked Acting IGP Priyantha Weerasooriya to inquire into the death of Sathsara Nimesh soon after he was admitted to the Mulleriyawa mental hospital by Welikada police on the night of April 1.
In a letter dated April 3 addressed to the IGP, the lawyer said that the victim’s mother Lekamwasam Liyanage Samanthi, who visited Welikada police station the following day, thad been old that her son made a bid to commit suicide at the police station. Quoting the victim’s mother the lawyer said that the clothes worn by Nimesh at the time he was taken into custody by Welikada police were found within the premises.
Responding to queries, the human rights activist said that Nimesh had been caught by a group of people at Nawala road, Welikada around 7.30 pm-8 pm on April 1. Alleging that Nimesh who had been undergoing training at a private hospital as a caregiver was acting suspiciously, the group called in the police on 119 emergency line and handed him over to the police, Perera said, urging the IGP to ensure that the police followed laid out procedures when dealing with suspects.
The Attorney-at-law said that the victim’s mother had visited Mulleriyawa hospital and was able to speak with a doctor who had been present at the time Nimesh was brought there. The doctor had told her that her son was barely alive at the time he was brought in. Perera alleged that Welikada police made an attempt to allude that Nimesh was mentally unsound. If the police had been genuinely concerned about Nimesh in case he was experiencing sudden difficulty, they should have rushed him to the National Hospital, Perera said.
Acknowledging the need to deal firmly with those who are on the wrong side of the law, the rights group said that the police couldn’t adopt Gestapo-style strategies.
The National People’s Power (NPP) government couldn’t turn a blind eye to what was going on regardless of the change of government in last Sept. There had been at least two recent deaths in police custody, Perera said, referring to an incident in the Kotahena police area in the third week of February this year.
Police shot dead two persons arrested over the killing of Shashi Kumar in a mobile phone shop at Kotahena. Police claimed that law enforcement men had to open fire when the suspects made an attempt to grab a weapon from an officer while being taken to a hideout to recover hidden guns.
Lawyer Perera said that police should be ashamed to repeat a blatant lie often used by them though they knew no one accepted that.
Political parties represented in parliament should take up this matter vigorously, he said, urging the government to put an end to custodial deaths, he said. The lawyer pointed out that the Supreme Court, too, has intervened in the matter and the issue was taken up at the highest level.
By Shamindra Ferdinando
Special Train Services during Sinhala and Tamil New Year
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