Bali Governor finally clears the air on Indonesia sex ban: Tourists unlikely to be at risk

A week after the Indonesian parliament passed the controversial new criminal code which criminalises sex outside of marriage, and cohabitation of unmarried couples among other things; authorities have rushed to allay the fears of tourists and foreigners visiting the country. 

Authorities are saying that the new criminal code is unlikely to affect tourists and foreigners visiting or living in the country. This is despite the fact that technically the criminal code applies to all - citizens and foreigners visiting the country. 

In the latest: 

• Bali's Governor Wayan Koster on Sunday added that there is nothing to worry about since the new criminal code ensures "everyone's privacy and comfortableness".
• He also added that since the provisions regarding adultery (which has been banned for years), sex outside of marriage, and cohabitation are prosecuted based on complaints by parents, spouses, or children, it was unlikely to affect tourists. 

• Koster assured tourists that hotels, accommodations, police and other places in Indonesia will not be checking or asking tourists for their marriage certificates.

What was the issue? Indonesia's new criminal code spooked tourists planning to visit the country, especially Australians who make up the majority of tourists to the island nation. 

• Those planning their trips to the country were confused about whether they would need to carry their marriage certificates along with them, or if travelling with their girlfriend/boyfriend or friends of the opposite gender would land them in trouble. 
• Tour operators to the country also voiced their apprehension over the new criminal code saying that this will dampen the "perception" of tourists about the destination. 

• The deputy chief of Indonesia’s tourism industry board, Maulana Yusran, called the new code "counter-productive" to the tourism industry, especially since the industry had only started to recover from the pandemic.
• The penalty for violations regarding cohabitation and sex outside of marriage is 6 months of imprisonment and a year in prison, respectively. 

Tourism is important to Indonesia's economy as it contributes nearly 5% to the GDP. In 2019, over 16 million tourists visited Indonesia. 

On the other hand, Indonesian authorities do not see the tourism industry being affected due to the criminal code. They say they are still expecting a record number of footfall next year and that reports of cancellations are a hoax. 

While tourists and foreigners to Indonesia may not be at risk of prosecution due to the criminal code, which still needs approval from President Joko Widodo, the citizens of Indonesia have more than cohabitation and sex outside of marriage to worry about. For one, the rights of women and LGBTQIA+ will be adversely affected and secondly, the ban on insults to the President of the country would effectively stifle criticism of the government.