New Indonesian Laws on Cohabitation and Sex Outside Marriage to Take Effect: What Travellers to Bali Need to Know
Starting January 2, 2026, Indonesia will enforce new criminal code provisions prohibiting sexual activity outside of marriage and cohabitation by unmarried couples. These changes, passed by parliament in 2022 and ratified late last year, mark a significant shift in Indonesian law and have raised concerns both domestically and internationally.
Key Details of the New Laws
The revised criminal code introduces penalties of up to one year in jail for individuals engaging in sexual intercourse outside of marriage or living with partners without being married. Previously, Indonesia’s laws criminalized only adultery, but the new code extends restrictions to cohabitation and premarital sex for both Indonesians and foreign visitors within Indonesian territory.
Enforcement of the law will depend on complaints filed by specific relatives. For married individuals, authorities may act on complaints submitted by a spouse. For unmarried individuals, complaints can be made by a parent or child. Unless such complaints are lodged, enforcement is unlikely to be aggressive toward travellers.
International Travel Advisory and Australian Government Response
Australia’s Department of Foreign Affairs and Trade has updated its Smartraveller website to highlight the new regulations to Australians planning trips to Indonesia. It reminds travellers that they are subject to all local laws, even those which may be stricter than Australian standards. The advisory notes: “If you’re married, authorities can act on a complaint submitted by your spouse. If you’re unmarried, authorities can act on a complaint submitted by your child or parent.”
Tourism Implications and Local Reaction
Indonesia’s tourism board deputy chief Maulana Yusran has expressed concerns that the new regulations could hinder tourism recovery after the COVID-19 pandemic. He stated that hotels and accommodation—often viewed as temporary homes for tourists—may become “problematic places” due to the new punishments.
Despite these laws, Indonesia continues to be a top international destination for Australians. In 2023, approximately 1.37 million Australians visited Indonesia, surpassing New Zealand as the preferred short-haul travel spot. Recent data from the Australian Bureau of Statistics indicates Indonesia remains the leading overseas destination for Australian travellers in the 2024–2025 period.
Human Rights Concerns and Criticism
The criminal code changes have been met with significant criticism from human rights groups and local activists. Human Rights Watch argues that several provisions violate international human rights standards, potentially enabling privacy invasions, selective enforcement, and abuse by authorities. Millions of Indonesians, particularly Indigenous peoples and rural Muslims who marry under customary or religious ceremonies without formal state registration, risk being criminalized under the new laws.
There are also concerns that the complaint-driven enforcement system may disproportionately affect women and LGBTIQ+ communities, who could be reported by spouses or families disapproving of their relationships.
Indonesia’s human rights minister Natalius Pigai stated in November 2025 that about 80 percent of the revised criminal code aligns with human rights principles and that the ministry had made multiple recommendations to the parliament during the drafting process.
Other Legal Changes in the New Criminal Code
Beyond cohabitation and sexual conduct, the updated Indonesian criminal code also introduces bans on black magic, insulting the president or state institutions, spreading views opposing state ideology, and holding protests without official notification. These provisions have further fueled debates about potential restrictions on freedoms and rights.
What Travellers Should Keep in Mind
While prosecutions under the new laws are expected to be rare and complaint-driven, visitors should remain aware that engaging in sex outside marriage or living with an unmarried partner could, in theory, expose them to legal risk if reported by family members during their stay in Indonesia. Observing local laws and cultural norms is advised to avoid complications while travelling in Bali and elsewhere in Indonesia.
As Indonesia navigates the balance between cultural norms, human rights, and economic interests such as tourism, travellers are encouraged to stay informed of legal updates through official government advisories and exercise caution accordingly.
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