New Indonesian Laws on Cohabitation and Sex Outside Marriage Set to Impact Bali Tourists
Starting from 2 January, Indonesia will enforce new criminal code provisions that prohibit sexual relations outside of marriage and cohabitation without being married. These laws come as part of a broader revision ratified by the Indonesian parliament in November and introduce stricter regulations on personal relationships within the country’s borders, including Bali, a favored destination for international travelers.
Key Provisions and Penalties
Under the new regulations, individuals engaging in sexual intercourse outside of marriage or living with an unmarried partner may face penalties of up to one year in jail. The revised criminal code expands previous provisions, which had only banned adultery, to now cover cohabitation and consensual sex outside of wedlock between a man and a woman.
However, enforcement of these laws is contingent upon a complaint being filed by certain close relatives. For married individuals, only a spouse’s complaint can trigger legal action, while unmarried persons may be reported by a child or parent. Authorities typically will not pursue cases proactively without such complaints.
Australian Government Issues Travel Warnings
Australia’s Smartraveller website has updated its advice to warn travelers to Indonesia about the new criminal code, emphasizing that visitors must comply with all local laws, including those that may seem harsh compared to Australian standards. The Australian Department of Foreign Affairs and Trade (DFAT) underscores that foreigners are subject to Indonesian legal penalties and should exercise awareness and caution.
Despite the restrictive nature of the rules, the Australian government notes it is unlikely that typical tourist couples will run afoul of the law unless reported by relatives, and enforcement may remain limited in the hospitality context.
Impact on Tourism and Industry Concerns
Deputy chief of Indonesia’s tourism board, Maulana Yusran, has expressed concerns that the new criminal code could be “counterproductive,” particularly as Indonesian tourism is still recovering from the COVID-19 pandemic. He pointed out that accommodations such as hotels, considered a “second home” for tourists, might become problematic places under the new restrictions.
Travel trends indicate Indonesia remains a top destination for Australian travelers. Data shows approximately 1.37 million Australians visited Indonesia in 2023, surpassing trips to New Zealand. Recent statistics suggest Indonesia continues to lead as the preferred overseas destination for Australians in the 2024-2025 financial year, accounting for 14.2% of international trips.
Human Rights and Local Backlash
The revised criminal code has faced domestic and international criticism. In 2022, protests erupted against its introduction, and Human Rights Watch warned the provisions violate international human rights laws and standards. The organization flagged the potential for the laws to facilitate privacy invasions, selective enforcement, and harassment, disproportionately affecting minorities such as women, LGBTIQ+ individuals, and millions of Indonesians married only through religious ceremonies without official certification.
Indonesian human rights minister Natalius Pigai stated in November that about 80% of the new code aligns with human rights principles, noting that his ministry provided recommendations during the drafting process to enhance protections.
Other Notable Legal Changes
The criminal code revision also enacts bans on practices such as black magic, insulting the president or state institutions, spreading ideologies counter to state doctrine, and conducting protests without prior notification. These broadened laws reflect Indonesia’s efforts to regulate social conduct more strictly within its borders.
What Travelers Should Know
Tourists planning to visit Bali or anywhere else in Indonesia should be mindful that local laws now prohibit sex outside marriage and cohabitation without official marriage. While enforcement hinges on formal complaints and is expected to be limited among visitors, awareness of these new rules is crucial to avoid inadvertent legal issues.
Authorities recommend respecting cultural and legal norms when traveling and advise couples traveling outside marriage to exercise discretion. Visitors should consult government travel advisories and comply fully with local regulations during their stay in Indonesia.
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