Indonesia urges foreign tourists to continue visiting, says new sex laws not likely to apply to them

JAKARTA: Foreign tourists in Indonesia are unlikely to be prosecuted under the country’s new criminal law which will take effect in three years, said the Law and Human Rights Deputy Minister Edward Omar Sharif Hiariej on Monday (Dec 12). 

The new code can criminalise premarital sex and cohabitation, but only the parents, spouses and children of suspected offenders can file a police report.

This makes it highly impossible for foreigners to face criminal action, said Mr Hiariej. 

Premarital sex may be punished with a maximum sentence of 1 year in jail or a fine of 10 million rupiah (US$640), while cohabitation may be punished with 6 months' imprisonment or a fine of 10 million rupiah. 

At a press conference on Monday, Mr Hiariej said that the new code has sparked fears because many do not understand the article on premarital sex and cohabitation. 

Out of 38 provinces in Indonesia, some have public order agencies which conduct raids as they are regulated under local laws. 

But the new criminal code would rule that out. 

“So let me emphasise, foreign tourists, please come here because you will not be subject to this (new) article," Mr Hiariej said.

“This is an absolute complaint offence which can only be reported by parents, or children (or suspected offenders) unless the parents, who are abroad, or their children (who are) abroad want to file a complaint."

Mr Hiariej said that the new criminal code is meant to replace the current one which was made by the Dutch colonial government prior to Indonesia’s independence in 1945. 

The new code has more than 624 chapters and covers a wide range of issues from extramarital sex to freedom of speech.

He admitted that there was one province which did not agree with the cohabitation chapter, arguing that it is a private matter. 

But in Muslim-majority West Sumatra province, people wanted it to be more than a complaint offence, saying that cohabitation was undermining morals and runs contrary to the teachings of Islam, a religion practised by the vast majority of Indonesians. 

"You have to understand we are in a difficult position," Mr Hiariej said.

“So we tried to find a win-win solution, the Indonesian way. We can implement the law, but those who can file the reports (on extramarital sex or cohabitation) are the children or the parents …"

He stressed that Indonesia remains a very pluralistic country with a population of 270 million people and that "it is impossible to please everyone”.

WILL NOT AFFECT BALI: GOVERNOR 

Meanwhile, the governor of Bali, the predominantly Hindu province, has reassured visitors who visit or live in Bali, saying they do not need to worry about the new penal code. 

In a statement on Sunday, Mr Wayan Koster said that there will be no checks on marital status when tourists check in at tourist accommodations such as hotels, villas, apartments, guest houses, lodges and spas. 

He also said no inspections on marital status will be carried out by public officials or community groups, adding that the confidentiality of visitors’ personal data during their stay in Bali is guaranteed. 

“The provincial government of Bali ensures that there would be no policy changes related to the enactment of the new Indonesian criminal code and ensures the comfort and privacy of visitors through the implementation of quality and dignified Bali tourism,” said Mr Koster. 

“Visitors may not hesitate to visit Bali, because Bali is Bali as usual, which is comfortable and safe to be visited. 

Last week, Bali’s tourism chief also told CNA that hotels will not ask for proof of marriage.

The new criminal code comes as Indonesia, in particular tourist-dependent Bali, is trying to recover from the COVID-19 pandemic. 

Mr Koster said there were false reports of flight and hotel room booking cancellations due to Indonesia's new sex laws. 

He added that data from travel agents, airlines and the hospitality sector shows an increase in the number of visitors and flights to Bali from December 2022 to March 2023.  

However, Mr Koster did not disclose any numbers.