The Indonesia Criminal Code officially took effect this week, introducing a major change that sent shockwaves among global tourists: sex outside of marriage or adultery is now punishable by up to one year in prison.
Is Bali Under Threat? Not Exactly
Although the law formally applies equally to everyone—both locals and visitors to Bali—mass raids on hotels will not occur. Authorities included a major “safeguard” in the legislation to prevent the collapse of the tourism sector:
- No Raids: Police are prohibited from checking hotel rooms or demanding marriage certificates upon check-in.
- Complaint Required: A criminal case will only be initiated if the immediate family members (spouse, parents, or children) officially file a complaint against you.
Simply put, unless your spouse or adversary files a complaint with the Indonesian police, you will face no legal repercussions.
The Origins of the Law
While many view this as a sudden surge of conservatism, the reform has actually been decades in the making. The primary reason is decolonization.
Until now, Indonesia operated under a Criminal Code inherited from Dutch colonizers, dating back to 1918. Authorities in Jakarta long viewed using “foreign” laws that were a century old as humiliating for an independent nation.
The government aimed to establish “truly Indonesian” law. To adopt the code, the government had to negotiate with conservative religious parties. The “family articles” concerning morality were a concession made in exchange for support for other political reforms.
Parliament approved the text back in 2022 but provided a three-year “transition period” to allow businesses and society to adjust to the new realities.
In addition to the ban on premarital sex, the code also tightens penalties for blasphemy and criticizing state institutions. Essentially, Indonesia decided to definitively bid farewell to its Dutch legal legacy, choosing its own, highly stringent path.
