Despite the fact that the Indonesian government has released a new, very contentious penal code that forbids sexual activity outside of marriage, Bali officials believe tourists have nothing to fear.
The updated criminal code was unanimously passed by the Indonesian parliament on December 6 and replaces the Dutch-era framework in use since 1946.
According to the new laws, premarital sex is punishable by up to one year in prison or a fine.
Unmarried couples who live together might be sentenced to six months in prison, while adultery carries a one-year prison term.
Under the amended criminal code, Indonesians and foreigners might be sentenced to one year in prison for extramarital sexual activity and six months for cohabitation with a partner (STOCK IMAGE man and woman on a beach hut in Indonesia)
The United Nations and civil society and rights groups have criticized the morality-based regulations on an international level, arguing that the new rules undermine freedom of expression and expose private relationships to legal scrutiny.
Authorities in Jakarta and Bali are pushing international countries to avoid from “megaphone diplomacy” amid fears that the rules will disproportionately hurt the LGBTQI+ population, dissuade tourists, and hinder foreign investment.
In a statement released on Sunday, the governor of Bali, Wayan Koster, informed tourists that the law would only be implemented if the complainant was a parent, spouse, or child.
Mr. Koster stated, “Bali is Bali as usual, which is comfortable and safe to come.”
There will be no marital status verification at the time of check-in at any tourism accommodation, including hotels, villas, apartments, guest homes, lodges, and spas.
‘[The provincial government can] ensure the privacy of visitors’ personal information throughout their stay.’
Monday, the spokesman for Indonesia’s Foreign Ministry, Teuku Faizasyah, encouraged states to stop from “megaphone diplomacy” and refrain from publicly criticizing the code.
We hope that country representatives will not rush to express their views. They can obtain information through diplomatic channels,’ Mr. Faizasyah added.
We shall not employ megaphone diplomacy in this situation according to diplomatic ethics. Our officials in other nations never interfere with the legal regulations of a country’s national legal system, despite the emergence of controversies among their citizens.
Officials urged travelers not to hesitate to fly to Bali because there will be no marital status checks upon check-in at any tourism property and only parents, spouses, or children will be penalized for violations (STOCK couple at rice terraces in Bali)
In three years, only the husband or wife of a married couple, or the parents and children of unmarried couples, will be able to report violations to the police.
The reporting party limits the scope of the statute; however, a tourist or expatriate might theoretically be reported for having a connection with a local if a family reported the relationship to the authorities.
Edward Omar Sharif Hiariej, the Deputy Minister of Law and Human Rights, stated at a press conference on Monday that the offenses are completely based on the complainant and will not affect tourism or international investments.
The regulations have been subjected to worldwide scrutiny, with governments worried that the criminal code could discourage tourism and harm foreign investments (pictured: holidaymakers on Seminyak beach, just north of Kuta in Bali).
Mr. Hiariej stated, “This is an absolute complaint offense, which means that the complaint cannot be filed independently.”
‘If the parents [of the local partner] report their child’s [behavior] to the police, it shows that the parents are aware that their child is subject to the article, which means that the youngster goes to jail.
As long as the implementation is consistent with the reform of the new criminal legislation, it should not interfere with public life or with visitors, businesses, and foreign investment.
In addition, the new legislation reinstated a ban on Indonesians and foreigners disparaging the president, state institutions, or the Pancasila national ideology.