For Australian travellers contemplating a holiday in Bali, it may be prudent to familiarise themselves with recent legal changes in the Indonesian tourist hotspot. A series of new regulations have been introduced under Indonesia's revised Criminal Code, which officially came into force on January 2nd. These laws now formally criminalise several activities, including premarital sexual relations, cohabitation outside of marriage, adultery, and public intoxication.
Understanding the Scope of the New Regulations
Penalties for violations under the new code can be severe, ranging from six months to a full year of imprisonment for those found guilty of the aforementioned offences. However, for unmarried Australian couples who live together and are planning a trip to Bali, there appears to be a significant legal nuance that may alleviate immediate concerns. According to legal authorities, these particular crimes concerning cohabitation and premarital sex cannot be prosecuted by police without a formal complaint. Such complaints can only be lodged by specific individuals: the legal spouse, parents, or children of the alleged perpetrator.
Expert Legal Perspective on Tourist Implications
Retno Murni, a prominent legal expert and founder of the People's Law Centre, has provided clarification on the matter. Murni emphasised that the revised Criminal Code was 'not designed to target tourists' directly. In a statement to news.com.au, Murni explained, 'These alleged crimes cannot be processed by the police without a complaint which can only be filed by the legal husband or wife, parents or children of the perpetrator.'
Murni further elaborated, 'Therefore, foreign tourists cannot be arrested, raided, or prosecuted simply for staying or residing with a partner, unless there is a valid complaint from these parties.' This interpretation suggests that the enforcement mechanism for these laws is primarily complaint-driven, rather than allowing for proactive police action against tourists based solely on their marital status or living arrangements.
Additional Legal Provisions and Strengthened Penalties
Beyond the regulations on personal conduct, the new Criminal Code has also reinforced laws concerning public order and document integrity. Individuals found intoxicated in a public place and causing a disturbance to public order may now face a substantial fine of up to 10 million Indonesian rupiah, equivalent to approximately 867 Australian dollars.
The legal framework around document forgery has been similarly tightened. Anyone discovered using forged letters, documents, passports, or residence permits could confront severe consequences, including hefty financial penalties or a maximum prison sentence of five years. Indonesia's notoriously strict drug laws remain largely unchanged under the new code, maintaining some of the world's toughest penalties. These range from lengthy custodial sentences to the death penalty for individuals convicted of trafficking prohibited substances into or out of the country.
Balancing Civil Liberties with Legal Compliance
While some legal analysts have expressed concerns that the new code could pose risks to civil liberties, the consensus among experts is that tourists need not be unduly alarmed. The key advice is to remain on the right side of the law and demonstrate respect for local customs and regulations. Murni offered reassurance, stating, 'Most of the "scary" sounding articles do not apply generally without a formal complaint or behaviour that harms others.'
She concluded with practical guidance for visitors: 'Tourists who behave appropriately, respect local norms, and use official documents have nothing to worry about.' It is worth noting that Indonesia's Criminal Code was originally passed by parliament in 2022 but its implementation was delayed, only taking effect at the start of this year. The changes come amid broader efforts by Indonesian authorities to regulate tourist behaviour, as evidenced by recent high-profile cases, such as the deportation and ten-year ban imposed on controversial adult performer Bonnie Blue following an encounter with officials in December.
