Unmarried tourists in Indonesia? Having sex can get you jailed for a LONG time

The Indonesian government passed the new criminal code in the country on December 6, which among other things bans sex outside of marriage and insults to the President or the Vice-President. As shocking as the criminal code sounds in a democratic nation, the new rules will also apply to foreigners, tourists and visitors in the country. 

The new criminal code has sent warning bells ringing among human rights activists and also among tour and business operators. Indonesia's economy is heavily dependent on tourism, and already, Covid-19 had dealt a blow to its economy.

Since the criminal code will also apply to tourists and foreigners in the country, tour operators are worried this will adversely impact their business. 

Indonesia's parliament approved a new criminal code that will ban sex outside of marriage with a punishment of up to one year in jail, despite worries the laws may harm investment and scare away tourists from its tropical shores https://t.co/TtM83LewuW pic.twitter.com/jaoRLRcEuY

— Reuters (@Reuters) December 6, 2022

What: Indonesia's Joko Widodo's government has long sought to make amends to the Dutch colonial-era criminal code. But many were expecting progress.  

• Now, that the controversial law has been passed, reports say it will take around 3 years to be fully adopted. 
• The passing of the law elicited protests by human rights groups and others in Jakarta, Indonesia's capital, who believe the law, will be used to threaten the civil liberties of women, religious minorities, political opponents and LGBTQIA+ community.  
• The new code bans sex with someone who is not your spouse, living with someone without getting married, protests will require permits to be staged, criticising the President or the Vice-President can lead to punishment and more. 

The new Criminal Code in Indonesia scares journos. In particular this article. The 2nd clause says someone who spreads news or info that "can be suspected" as hoaxes/misinfo, and "could/can" cause a riot, that someone can face jail, max 4 years. pic.twitter.com/9oXc8hCiwl

— Evi Mariani (@evimsofian) December 6, 2022

Indonesia is keen to surrender its democracy status in place of a growing theocracy, with the latest laws against unmarried cohabitation and criticising the president and government ministers. A great shame for a country with such a proud democratic past.

— The Cathy Wilcox (@cathywilcox1) December 6, 2022

How will Indonesia enforce the ban on sex outside marriage? Indonesia's Deputy Justice Minister Edward Omar Sharif Hiariej told CNN that the government will not be carrying out raids in this case. 

• Such cases will only be acted upon if the parents, spouse (in case of an extramarital affair), or children lodge complaints against someone. 
• Sex outside marriage will be punishable by up to a year in prison.
• Living with someone who's not your spouse will lead to six-month imprisonment.  
• Critics of the law say this will give rise to vigilante. And especially affect LGBTQIA+ members whose family might be opposed to the relationship. 

How will it affect tourists? Australians are the largest tourist group to Indonesia in numbers. Reports say for many Australians finishing school, is almost like a rite of passage to holiday in Bali.  

• There were concerns raised on several Facebook groups regarding what the new rules would mean for tourists who might be travelling with their boyfriends or girlfriends or simply friends of the opposite gender. 
• And what it would mean for those who might have an Indonesian boyfriend or girlfriend. 
• Reports said it is unlikely to affect the tourists as much as the citizens, because it will only be acted upon the complaint of an Indonesian national.
• However, concerns were also raised over the possibility of police intimidation, bribes, etc increasing for tourists. 

Tourism in Indonesia: With Turquoise waters, warm and sunny beaches, and a culturally rich land, Indonesia is a perfect vacation destination and even wedding destination for many around the world. 

• After the pandemic, the Indonesian government has also come up with lucrative schemes to lure more tourists - like offering a 10-year visa for those with certain amount in their bank accounts.
• It has also become one of the most sought-after destinations for digital nomads, living in the country for an extended period of time and working remotely. 

Now, it needs to be seen how the new criminal code will impact tourists. On the other hand, the new law can be challenged in the court.