Planned ban on extramarital sex in Bali: Tourists need to know that now
Created: 12/26/2022, 9:51 am
By: Catherine Loesche
Bali is considered a dream travel destination for many couples: the ban on having sex outside of marriage in Indonesia therefore caused horror.
© Alessandro Biascioli/PantherMedia
A new law will ban extramarital sex in Bali.
Relatives should report the "prohibited" activities.
That doesn't bode well for tourism.
Brisbane – The Australians' shooting man is threatened.
"Leave your bathing suits in the closet, cancel your flights, the fun is over." That's the tenor of headlines in the Australian media following the revision of a law on extramarital sex in Indonesia, allowing consensual sex between unmarried women and a woman up to 12 months old punished with imprisonment.
In the future, your own family should file a complaint.
Relatives as bed police?
This should not bode well for tourism in Bali, as the Indonesian island is considered by many to be a place of longing.
Things got off to a good start in November: as the host of the G20 summit in Bali, Indonesia presented itself as a modern, tolerant and progressive country.
The applause for the country turned to malice only a few weeks later: Clearly ambiguous jokes about Australia's favorite island are doing the rounds, there is hardly a newspaper, radio or television station that does not take up the topic.
Bali: Indonesia's law change not yet in force
But the change in the law was often only partially reported in favor of sensationalist headlines.
On the one hand, the clause will only come into force – if at all – in three years.
On the other hand, there will undoubtedly be objections by the opposition, domestic and foreign tourism associations and business groups, which could further delay or even prevent the entry into force.
The government in Jakarta has also already clarified that with the amendment, the relevant provisions in the Penal Code are now restricted to the effect that consensual sex between unmarried persons can only be prosecuted if a parent, spouse or child reports it.
So there has always been a legal ban on extramarital sex in Indonesia.
Now the group of people who can report it has been redefined and limited.
False accusations are punishable by a fine of up to ten million rupiah (around 600 euros), which is about two months' average salary in Indonesia.
"All of this reduces the risk of tourists being sued," says Dr.
Ken Satiawan, expert on Indonesian law at the Asia Institute of the University of Melbourne, the
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Dream island Bali: Holiday destination for six million travelers every year
Bali is the tourism center of Indonesia.
By 2025, the number of travelers is expected to return to pre-pandemic levels.
Six million travelers are then supposed to spend “dream vacations” on the island every year.
The negative headlines worldwide are of course a blow to the country's important economic factor.
The Indonesian Tourist Board said the new law was completely "counterproductive" at a time when tourism was slowly recovering from the pandemic.
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The US ambassador in Jakarta, Sung Kim, expects a "negative impact on the investment climate".
Tourism companies are reportedly "appalled" by the headlines from overseas.
Scott Slattery, of Australian travel company My World Concierge, is not concerned about the excitement.
"If the law comes into force at all in three years, I believe that the Indonesian government as well as tourism boards and Australian tour operators will launch a major publicity campaign to indicate that the regulation will not be enforced against tourists."
The government has already made it clear that tourists' marital status will not be checked upon arrival.
Hotels and holiday accommodation are neither obliged to do this nor do they have an interest in doing so.
Nevertheless, human rights organizations are sounding the alarm: Even if the law cannot be effectively monitored, it opens the floodgates to extortion, bribery and corruption.
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Indonesia: Changes mainly affect minorities
dr
Satiawan is more concerned that the recent changes will particularly affect the LGBTQ community.
In Indonesia, marriage is only between a man and a woman, gay marriage is illegal.
"In addition to the regulations on sex outside of marriage, cohabitation is also prohibited, so gay couples who live together in Indonesia can also be arrested," she says.
In the island and city-state of Singapore, on the other hand, there was a historic breakthrough in September: a colonial-era law criminalizing gay sex was repealed.
Although the new clause draws the most media attention, it is just one of about 600 changes to Indonesia's criminal code - which so far is a hodgepodge of old Dutch law, common law and regulations - that have been passed since the republic was proclaimed in 1945.
For example, freedom of religion is to be restricted in the country, which is often referred to as a “pious democracy”.
All citizens must belong to one of the five recognized religions.
Following the example of the Thai regulations on lèse-majesté, the Indonesian legislators also want to make insulting the president and ministers a punishable offence.
"They are very broad and vaguely worded," says Dr.
Satiawan.
That is the real danger of these laws.
"Therefore, they can be applied to anyone - including foreigners." It is still unclear whether the modest President Joko Windodo will ratify the proposal to restrict freedom of expression.
In the meantime, travelers can fly to Bali with peace of mind and enjoy the wide beaches, sea, culture, friendly people and cheap food.