Indonesia Bans Sex Outside of Marriage, Which Could Also Affect Tourists Visiting the Country

Indonesia Bans Sex Outside of Marriage, Which Could Also Affect Tourists Visiting the Country

Lawmakers in the Southeast Asian country of Indonesia have unanimously passed a new law banning sex outside of marriage, which could also affect tourists, multiple outlets report.

Islamic laws banning alcohol and gambling in parts of the world's largest Muslim-majority nation are already enforced, and "offenses" such as homosexuality and adultery result in public floggings, according to CNN. This new change to Indonesia's criminal code has not only further alarmed human rights activists, but it may also affect tourists visiting on vacation.

Law and Human Rights Minister Yasonna Laoly said on Tuesday during a news conference that it wasn't easy for a multi-ethnic and multicultural country — with over 270 million people — to make a criminal code that "accommodates all interests," per CNN. Laoly encouraged those opposing the harsh new law to submit a judicial review to the constitutional court.

Executive director of Amnesty International, Usman Hamid, labeled the change, which has been years in the making, as a "huge setback" in protecting human rights. "This criminal code should have never been passed in the first place," Hamid said. The vote was postponed in 2019 when thousands of people hit the streets in protest. However, Hamid pointed out that there had been "no meaningful changes" to the code since 2019.

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This picture taken on December 5, 2022 shows activists holding a protest against the new criminal code outside the parliament building in Jakarta. - Indonesia's parliament approved on December 6 legislation that would outlaw pre-marital sex while making other sweeping changes to the criminal code -- a move critics deemed as a setback to the country's freedoms.

ADEK BERRY/AFP via Getty

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Protestors again took to the streets in Jakarta on Tuesday, following the country's latest enforcement. BBC reports that the news laws are expected to be challenged in court.

A number of activist for human rights hold a demonstration at the front parliament building against draft criminal code in Jakarta, Indonesia on December 5, 2022. In their action, they rejected articles that perpetuate corruption in Indonesia, silence press freedom, and regulate public-private space.
A number of activist for human rights hold a demonstration at the front parliament building against draft criminal code in Jakarta, Indonesia on December 5, 2022. In their action, they rejected articles that perpetuate corruption in Indonesia, silence press freedom, and regulate public-private space.

Eko Siswono Toyudho/Anadolu Agency via Getty

The outlet also reports that the new laws will "apply equally" to tourists visiting destinations such as Bali. Taufik Basari, a NasDem party legislator, offered more specifics on the matter, per The Guardian, saying that if a tourist had consensual sex with an Indonesian national, that tourist could be arrested.

"I know it will impact tourism, which is why we should explain to the public that reports to police should be limited to what the family feels is really important," he said. "As a parliamentarian, I will try to find more limitations for the implementation of these articles."

A number of activist for human rights hold a demonstration at the front parliament building against draft criminal code in Jakarta, Indonesia on December 5, 2022. In their action, they rejected articles that perpetuate corruption in Indonesia, silence press freedom, and regulate public-private space.
A number of activist for human rights hold a demonstration at the front parliament building against draft criminal code in Jakarta, Indonesia on December 5, 2022. In their action, they rejected articles that perpetuate corruption in Indonesia, silence press freedom, and regulate public-private space.

Eko Siswono Toyudho/Anadolu Agency via Getty

The law states, via multiple outlets, that unmarried couples can serve up to a one-year sentence for getting caught having sex. In addition, unmarried couples who live together, even if they aren't having sex, can be jailed for up to six months. Hadi Rahmat Purnama, from the University of Indonesia's law faculty, noted that the laws "would be implemented after a transitional period of three years."

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Putu Winastra, chairman of the Association of the Indonesian Tour and Travel Agencies (ASITA) in Bali, told CNN that the sex-outside-of-marriage ban would "make foreigners think twice" about visiting Indonesia.

"From our point of view as tourism industry players, this law will be very troublesome," Putu said. "Should we ask (unmarried couples overseas) if they are married or not? Do tourist couples have to prove they are married? If these laws are really implemented later, tourists might be (subjected) to jail and this will harm tourism," he said.