Indonesia officials claim new sex law will not impact tourists

Tourists risk jail time under Indonesia's new law that bans extramarital sex. Photo / Unsplash

Bali’s governor has spoken up about Indonesia’s controversial new laws, urging visitors not to panic.

When Indonesia passed the controversial criminal code that criminalised sex outside marriage, along with several other morality-based provisions, last week, the world quickly responded with staunch criticism.

From global organisations like the United Nations to individual travellers on Instagram, many expressed concern about the law. Arguments claimed it crossed the boundaries of human rights and allowed an unreasonable amount of legal scrutiny of people’s personal lives.

The new law means tourists risk facing jail time if they engage in extramarital sex while there on holiday. However, authorities in Bali and Jakarta insist tourists have nothing to fear and governments should stop engaging in “megaphone diplomacy”.

‘Bali is Bali as usual’

On Sunday, Bali Governor Wayan Koster addressed the response and fears the criminal code would hinder the island’s tourism industry.

Tourists would not have their marital status checked at hotels or accommodations when the code came into action in three years, he said.

Koster reiterated that people would only be prosecuted for sex outside of marriage if a parent, spouse or child made a complaint. This provision was added to a stricter draft of the legislation to ensure “everyone’s privacy and comfortableness”, he said.

Travellers should still come to the island, “because Bali is Bali as usual, which is comfortable and safe to be visited” he added.

The governor also called out reports that travellers had cancelled their flights and hotel bookings in response to the laws.

He claimed these “hoax” reports used “misleading statements that would stir up the situation” as data from airlines and travel agents show visitor numbers are set to rise next year.

Locals working in the tourism industry aren’t totally at ease about the situation.

Groups like the Indonesian Hotel & Restaurant Association and Association of The Indonesian Tours and Travel Agencies have voiced concern about the law. Meanwhile, Australia, one of Bali’s largest tourist markets, said it was “seeking further clarity” about how people could be impacted.

Foreign governments asked to resist “megaphone diplomacy”

However, Indonesia’s Foreign Ministry has asked governments to keep their questions about the new code out of public discourse.

On Monday, spokesman Teuku Faizasyah said Indonesian representtiives in other countries never interfered with controversial legal regulations, so they should return the favour.

“Our representatives in other countries never meddle in the legal regulations in one country’s national legal system, although controversies emerged among their people,” they said.

“We hope country representatives will not be in a hurry to state their opinions. They can use diplomatic channels to get information.”

Indonesia’s new code

The revised code will replace the 1918 law and means pre-marital sex can be punished with up to a year in jail. An unmarried couple living together could also face six months of imprisonment.

Officials stress that only a parent, child or spouse to the couple can file a police report. However, this still means an expatriate or tourist in a relationship with a local could be reported.

During a Monday press conference, Deputy Minister of Law and Human Rights Edward Omar Sharif Hiariej said it shouldn’t impact tourism if the law is used correctly.

“It should not interfere in [the] public’s life [or for] tourists, business and foreign investment as long as the implementation goes in line with reform of the new criminal law,” he said.