control and sexuality

Control and Sexuality: The Revival of Zina Laws in Muslim ContextsState ResponsibilityResponsibility to protect and promote human rights is deeply entrenched in theIndonesian legal system. Below is the list of only those elementary rights, contained innational legislation, that have been seriously violated by the enactment of the previouslyanalysed ‘fiqh-inspired’ laws and by-laws.The 1945 Constitution guarantees a wide range of individual rights and freedoms, including:(1) the right to life (Article 28A);(2) protection and freedom from violence and discrimination based upon any groundswhatsoever (Article 28B(2) and Article 28I(2));(3) the right to personal development through the fulfilment of one’s basic needs (Article28C(1));(4) the right to legal protection and certainty before a just law, and of equal treatmentbefore the law (Article 28D(1));(5) the right to work (Article 28D(2));(6) freedom to choose and practise the religion of one’s choice (Article 28E(1)) and inaccordance with one’s own conscience (Article 28E(2)), free from coercion;(7) the right to freedom of expression (Article 28E(3));(8) the right to freedom from torture or inhumane and degrading treatment (Article 28G(2));(9) the right to live in physical and spiritual prosperity (Article 28H(1));(10) the right to social security and dignity (Article 28H(3)).The Constitution, in Article 28I(1), also defines, amongst others, the rights to life, freedomfrom torture, freedom of thought and conscience, and freedom of religion as peremptorynorms (jus cogens) from which no derogation is allowed. It further states that “[t]heprotection, advancement, upholding and fulfilment of human rights are the responsibilityof the state, especially the government” (Article 28I(4)).The preamble of Law 39/1999 on Human Rights stipulates that,as a member of the United Nations, the nation of Indonesia has a moral and legalresponsibility to respect, execute and uphold the Universal Declaration on HumanRights promulgated by the United Nations, and several other international instrumentsconcerning human rights ratified by the Republic of Indonesia.This law also explains that limitations, affronts or ostracism based on one’s sex constitutediscrimination (Article 1(3)). It reiterates the peremptory norms and numerous otherhuman rights proclaimed by the Constitution, and enshrines some of the followingindividual rights and freedoms:68