Indonesia bans sex outside marriage – what does it mean for tourists and expats?
Indonesia has introduced new strict laws around sex outside of marriage and co-habitation before marriage. The parliament overwhelmingly voted to approve the overhaul of Indonesia’s legal code, with all parties unanimously approving the laws. Currently, Indonesia bans adultery but not premarital sex. The new laws will apply not just to residents but also to foreign expats and tourists in the country — raising concerns from experts. indonesia sex outside marriage
It comes as the majority-Muslim country marks a shift towards a more religious-influenced way of governing. An earlier draft of the new criminal code was protested by campaigners in 2019, who opposed the religiously-influenced morality laws.
Businesses have also criticised the introduction of the new code, saying it could have a huge effect on the tourism industry and the economy. Millions of travellers visit the country each year, including couples visiting destinations such as Bali. Here’s everything you need to know about the new laws.
Maulana Yusran, deputy chief of Indonesia’s tourism industry board, said the new code was “totally counter-productive” at a time when the economy and tourism were starting to recover from the pandemic.
“We deeply regret the government has closed its eyes. We have already expressed our concern to the ministry of Tourism about how harmful this law is,” he said.
Foreign arrivals in the holiday destination of Bali are expected to reach pre-pandemic levels of six million by 2025, the tourism association has said previously, as the island recovers from the impacts of COVID-19. If you are planning a trip to Bali, get your accommodation here.
Indonesia is also trying to attract more so-called “digital nomads” to its tropical shores by offering a more flexible visa.
What new laws have Indonesia introduced?
Alongside laws relating to sex and relationships, there has also been a tightening of the restrictions of freedom of speech. Insulting the President as well as spreading views which contradict Pancasila – the national ideology – will be a criminal offence.
Will the new regulations have an impact on tourists? indonesia sex outside marriage
Indonesia has shot up in popularity for couples’ holidays in recent years. Picturesque islands such as Bali and Lombok have welcomed millions of tourists during this time, which generates a huge amount for the Indonesian economy.
However, the tourism industry in the country is warning that the new laws could dampen the tourist trade. The industry is recently getting back on its feet following the Covid-19 worldwide lockdown in 2020.
The new laws will pertain to anyone local to Indonesia as well as those visiting the country. Therefore, unmarried couples who are caught having sex while visiting Indonesia could face criminal punishment, including prison time.
Maulana Yusran, the deputy chief of Indonesia’s tourism industry board, insisted that the government had made a mistake by introducing the laws as the tourism industry attempts to bounce back from COVID-19. He said: “We deeply regret the government have closed their eyes.”
What is the penalty for having sex before getting married in Indonesia?
The law is expected to be introduced in 3 years’ time, and those who break the code will face criminal punishment. Anyone caught having sex outside of marriage faces up to one year in prison. Adultery will also result in imprisonment. Living with a partner before marriage could see people in Indonesia locked up for six months.
What has been the criticism of the new code?
The new criminal code has been harshly criticised by campaigners and human rights organisations. Usman Hamid, Amnesty International’s Indonesia executive director, described the new code as “appalling”.
He said: “Outlawing sex outside marriage is a violation to the right to privacy protected under international law. Consensual sexual relationships should not be treated as a criminal offence or a violation of ‘morality’.”
There are also fears that it could marginally affect minorities in Indonesia. Andreas Harsano from Human Rights Watch told the BBC that there were millions of couples across Indonesia who live together without a proper marriage licence, which is common “especially among Indigenous peoples or Muslims in rural areas” who have married in rare religious ceremonies, with statistics also showing that women are disproportionarly disciplined under morality laws in Gulf states.
The Indonesian government has responded to criticism through the past few years as drafts of the code have been made. There were numerous protests against it in 2019, however only a dozen protesters turned out in Jakarta on 6 December 2022.
Yasonna Laoly, the minister of law and human rights, told parliament: “We have tried our best to accommodate the important issues and different opinions which were debated. However, it is time for us to make a historical decision on the penal code amendment and to leave the colonial criminal code we inherited behind.” indonesia sex outside marriage
