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Speaker 1: My name is Lily Maddon and I'm a proud Arunda

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Speaker 1: Bunjelung Calcotin woman from Gadighl country. The Daily oz acknowledges

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Speaker 1: that this podcast is recorded on the lands of the

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Speaker 1: Gadighl people and pays respect to all Aboriginal and Torres

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Speaker 1: Strait Island and nations. We pay our respects to the

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Speaker 1: first peoples of these countries, both past and present.

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Speaker 2: Good morning and welcome to the Daily os. It's Thursday,

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Speaker 2: the eighth of December. I'm Sam, I'm Zara. Indonesia's parliament

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Speaker 2: has banned sex outside marriage, with a punishment of up

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Speaker 2: to one year in jail. We're going to look at

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Speaker 2: what has led to this decision and what implications it

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Speaker 2: will have both for locals and for tourists. But first, Sarah,

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Speaker 2: what's making headlines this morning?

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Speaker 3: Uber has been fined twenty one million dollars by the

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Speaker 3: Australian Federal Court for misleading customers and making false claims

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Speaker 3: on its app. Court proceedings lodged against the company in April,

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Speaker 3: at which point Uber had already accepted that they breached

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Speaker 3: Australian consumer law.

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Speaker 2: A spike in COVID cases in Victoria has caused Stage

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Speaker 2: three emergency measures to be activated in hospitals across the state.

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Speaker 2: Ambulance Victoria declared a code read on the weekend, while

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Speaker 2: the Royal Children's Hospital has asked patients to avoid visiting

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Speaker 2: the emergency room if possible.

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Speaker 3: US Secretary of State Anthony Blincoln has said the US

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Speaker 3: would stand with Australia against pressure tactics from China and

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Speaker 3: that the US and its allies are more effective when

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Speaker 3: working together. This came after Australian Defense Minister Richard Miles

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Speaker 3: and Foreign Affairs Minister Penny Wong met the U s

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Speaker 3: Secretary of State in Washington this week.

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Speaker 2: And today's good news. Some amateur fossil hunters in outback

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Speaker 2: Queensland have made a landmark discovery. The group calls themselves

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Speaker 2: the rock Chicks. They've walked hundreds of kilometers searching for

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Speaker 2: ancient remains and this year they hit the jackpot and

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Speaker 2: one hundred million year old long necked marine reptile called

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Speaker 2: a plesiosaur, which could hold the key to unlocking the

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Speaker 2: mystery of these ancient beasts. I spoke to Rock Chick

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Speaker 2: Cassandra Prince, who made the discovery.

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Speaker 3: I had a really strong feeling that I had to

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Speaker 3: redig this site. And we did, and that's when we

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Speaker 3: came across the head and the neck.

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Speaker 2: Okay, so you found a one hundred million year old

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Speaker 2: marine reptile. How does that make you feel?

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Speaker 3: Oh? Well, surreal? Unreal? Like really.

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Speaker 2: All right. A new controversial change to Indonesia's criminal code

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Speaker 2: has prohibited sex outside of marriage and unmarried couples from

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Speaker 2: living together. It's all part of a new suite of

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Speaker 2: changes to the criminal code that will have real implications

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Speaker 2: for locals but also for tourists heading off to Indonesia.

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Speaker 3: Okay, so can you just start with what these new

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Speaker 3: laws actually are. It's pretty sensational talking about this in

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Speaker 3: twenty twenty two.

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Speaker 2: Yeah, it's an interesting piece of legislation. The ban on

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Speaker 2: sex outside marriage is just one of many new laws

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Speaker 2: being introduced to Indonesia's criminal code. It will also prohibit

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Speaker 2: insulting the president or state institutions, the promotion of contraception,

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Speaker 2: and staging protests without notifying authorities. It also expands laws

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Speaker 2: related to religious blasphemy.

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Speaker 3: Talking about this legislation detached from its context is almost impossible.

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Speaker 3: So can you just tell me what I need to

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Speaker 3: know about Indonesia.

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Speaker 2: Well, Indonesia's population is predominantly Muslim. While most people will

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Speaker 2: practice a moderate form of Islam, in recent years, the

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Speaker 2: country has seen a rise in religious conservatism. Democracy in

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Speaker 2: Indonesia has also been on decline over the last decade,

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Speaker 2: with one contributing factor to this being that President Joco

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Speaker 2: Widodo has integrated more centrist Islamist figures and ideas into

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Speaker 2: his government.

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Speaker 1: Now.

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Speaker 2: According to BTI, which is a database that tracks the

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Speaker 2: success of democracy around the world, this has contributed to

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Speaker 2: the undermining of liberal freedoms in India Anesia. At the

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Speaker 2: same time, as all of this, there is less space

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Speaker 2: to be critical of the government with descent increasingly limited.

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Speaker 3: So if this change has been happening over time, what's

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Speaker 3: actually triggered these reforms? Now? I mean it passed earlier

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Speaker 3: this week?

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Speaker 2: Why now? Well, there actually has been multiple attempts in

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Speaker 2: the past to change Indonesia's criminal code. The previous criminal

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Speaker 2: code dated all the way back to Indonesia's Dutch colonial period,

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Speaker 2: which ended in the mid twentieth century, so it's been

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Speaker 2: a long time since it's been reformed. Today, the Indonesian

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Speaker 2: official in charge of revising the code is quoted as

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Speaker 2: saying this old code belongs to Dutch heritage and is

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Speaker 2: no longer relevant now. The Indonesian Parliament had previously proposed

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Speaker 2: introducing prison sentences for sex and cohabitation, meaning living with

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Speaker 2: someone outside of marriage, in twenty nineteen, but this was

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Speaker 2: delayed after nationwide protests were staged in response to the legislation.

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Speaker 2: There were scenes of thousands gathered in the streets, and

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Speaker 2: in some cases there were violent clashes with police. This

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Speaker 2: the bill passed with support across the political spectrum.

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Speaker 3: Okay, so let's take it out of the parliament and

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Speaker 3: into the real world. What sort of impact are we

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Speaker 3: expecting this legislation to actually have on people.

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Speaker 2: It's a bit early for us to know exactly how

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Speaker 2: these laws will be used, but we do have a

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Speaker 2: sense of what some of the maximum charges are going

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Speaker 2: to be. Both sex before marriage and adultery will be

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Speaker 2: punishable by up to a year in prison or a fine.

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Speaker 2: A charge of insulting a sitting president could carry a

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Speaker 2: term as long as three years, and living with someone

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Speaker 2: you aren't married to could be punishable by six months

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Speaker 2: in prison and could result in a ban on you

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Speaker 2: living together. There are some checks and balances in terms

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Speaker 2: of who can report these crimes. However, for example, only

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Speaker 2: the president can report insults to the president and accusations

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Speaker 2: relating to personal relationships, So the pre marital sex and

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Speaker 2: the cohabitation laws we've discussed earlier can only be reported

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Speaker 2: by close relatives of the couple.

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Speaker 3: So obviously this legislation is going to have quite an

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Speaker 3: impact on the community. But I was also receiving messages

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Speaker 3: yesterday when we put up this post about the effect

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Speaker 3: that it will have on the LGBTQ community within Indonesia.

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Speaker 2: And that's a very valid concern. Indonesian law makers had

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Speaker 2: actually considered making gay sex fully illegal in this change

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Speaker 2: to the criminal code, but this was eventually removed from

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Speaker 2: the legislation. But as gay marriage isn't allowed in the country,

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Speaker 2: these new laws have some concerning ramifications for same sex

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Speaker 2: couples that currently live there, especially for couples whose families

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Speaker 2: aren't supportive of them. Activists have reasonably expressed concern about this,

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Speaker 2: saying the laws leave some same sex couples open to prosecution.

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Speaker 3: That's really serious possible implications. Then if we turn our

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Speaker 3: minds to tourists who might be entering Indonesia. You know

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Speaker 3: a lot of Australian tourists travel to Bali, for example.

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Speaker 3: What happens in that situation.

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Speaker 2: I've seen some headlines floating around the news this week,

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Speaker 2: like the Bali bonc ban, and I think it is

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Speaker 2: fair enough that Ossis want to know how these laws

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Speaker 2: are going to affect them and their holiday. The bottom

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Speaker 2: line here is that the law does apply to tourists

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Speaker 2: as well, but there are those caveats on who can

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Speaker 2: report these crimes. In the case of sex outside marriage,

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Speaker 2: it's only really a husband, wife, parents or children who

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Speaker 2: can report you to police. So if you're traveling with

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Speaker 2: your Aussie partner in Indonesia, there isn't really a risk

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Speaker 2: of anyone reporting you. It's a different story if you

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Speaker 2: have sex with a local, though, a member of that

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Speaker 2: person's immediate family would be able to report you, and

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Speaker 2: that could attract police attention. There's been some criticism from

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Speaker 2: within Indonesia that this could have a negative impact on

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Speaker 2: investment and tourism. Now, you've got to remember that in

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Speaker 2: twenty nineteen, before we had COVID in our lives and

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Speaker 2: travel looked a lot different. Tourism accounted for four point

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Speaker 2: ninety seven percent of the country's GDP and the country

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Speaker 2: is still recovering from the hit it took during COVID.

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Speaker 2: In terms of Australia's contribution, Australian tourists can contribute up

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Speaker 2: to a billion dollars every year to the Indonesian economy.

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Speaker 2: So it really matters how Australians will re sponsor these

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Speaker 2: new laws for the economy moving forward.

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Speaker 3: In light of all of that, the economic impact, the

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Speaker 3: very human impact it could have. How long are we

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Speaker 3: expecting before these laws actually come into effect.

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Speaker 2: Well, the bill still needs to be signed by Indonesian

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Speaker 2: President Joko Widodo before it becomes law, but that's seen

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Speaker 2: as a done deal. He's going to do that. But

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Speaker 2: the law is likely to be implemented gradually and could

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Speaker 2: take about three years before it's fully in force. However,

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Speaker 2: the new changes could still be challenged in the courts

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Speaker 2: in the meantime.

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Speaker 3: Thank you so much for joining us on the dally

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Speaker 3: Os today. If you learned something from this episode, don't

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Speaker 3: forget to hit subscribe. So there's a TDA episode waiting

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Speaker 3: for you every weekday morning. We'll be back again tomorrow,

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Speaker 3: but until then, Happy Thursday.