The Indonesian Parliament has criminalized extramarital sex and cohabitation. The new penal code, adopted on December 6, 2023, expands its reach to foreigners, including visitors from Russia who are popular on Bali. The reform reflects the parliament’s effort to align laws with evolving national values.
Under the provisions for extramarital sex and adultery, violators may face up to one year in prison. For cohabitation, penalties include up to six months in prison or a related fine. Enforcement guidelines are being developed, and the rules will not take full effect for three years as authorities implement transitional measures.
The law also restricts the promotion of birth control pills. Abortion remains criminalized, but exceptions are allowed in cases of life-threatening pregnancy or pregnancy resulting from rape.
Deputy Justice Minister Edward Omar Sharif Harij stated that the country now has a penal code that reflects Indonesian values and traditions. He noted that discussions around updating the penal code began during the era of independence, dating back to 1945.
Additional prohibitions in the revised code
The updated penal code also criminalizes insulting the president and state institutions. Expressions that oppose the state ideology are prohibited. Observers note broad support for the code among parliamentarians who oversee its passage and implementation.
The law enumerates several offenses with corresponding penalties:
– Insulting the president or vice president, potentially leading to up to three years in prison and fines. Provisions allow for actions deemed in the public interest when criticizing authorities.
– Defamation of state institutions, carrying penalties up to 1.5 years in prison, with harsher outcomes if such acts spark unrest.
– Treason, with possible death or lengthy prison terms if actions threaten the government and the country’s sovereignty.
– Organizing rallies without prior notice.
– Dissemination of misinformation, with punishments up to six years in prison and substantial fines if such information incites riots.
– Atheist propaganda. Penalties may reach five years for atheism, with longer terms for links to pro-communist organizations. Islam, Catholicism, Protestantism, Hinduism, Buddhism, and Confucianism remain recognized in Indonesia, while the law also provides penalties for certain forms of supernatural deception.
Bambang Wurianto, who chairs the parliamentary committee that drafted the law, remarked that the old Dutch-era code is no longer valid and that the update brings Indonesian legal norms in line with current realities.
Human Rights Watch expressed concern, warning that the changes could affect democratic norms in Indonesia.
Impact on tourism and investment
Business observers worry that the stricter code could influence tourism and foreign investment. Indonesia, a favored destination, may see shifts in traveler behavior if the new rules are perceived as deterred or restrictive.
Industry representatives have urged caution, arguing that the reforms might discourage investors. They contend that the extramarital and premarital sex provisions could have adverse effects on the tourism sector, particularly on segments that rely on international visitors.
Authorities had projected that Bali would see a strong rebound in tourist arrivals by 2025, reaching several million visitors after pandemic disruptions. Legal experts note that enforcement nuances will shape how these expectations unfold in practice.
Commentary from legal professionals highlights that foreign visitors may face renewed scrutiny at border and enforcement points. If a couple travels without clear documentation, alternative destinations may be considered for their plans. Media discussions abroad reflect a mix of skepticism and curiosity about the practical consequences of the new code.
Public discourse also touched on broader social changes as observers compare Indonesia’s path with secular developments elsewhere. A public figure on a social channel described Bali as having changed in light of the reforms.
Earlier reform efforts
Parliamentary discussions culminated in the approval of the new penal code after years of scrutiny. A prior attempt in 2019 triggered considerable public unrest and large protests, underscoring the sensitivity of legal reform in the country.
Reuters highlighted that the recent rounds of debate and demonstration have been among the most significant since the late 1990s, when economic turmoil contributed to broad political upheaval and the resignation of a former president. In this context, the new code is seen as a foundational shift for Indonesian governance.
Across the region, various countries maintain strict norms around sexual conduct. In some places, penalties for extramarital relationships range from social sanctions to severe criminal penalties, illustrating a wide spectrum of legal and cultural approaches to private behavior.
In Indonesia, lawmakers, judges, and rights advocates will watch closely how the new code is interpreted and applied in daily life, how courts balance public interest with individual rights, and how enforcement affects both residents and visitors alike. The evolving landscape is likely to shape policy debates and societal norms for years to come. For observers, the reform marks a decisive moment in Indonesia’s legal and political development as it navigates tradition, modernity, and international engagement.