Indonesia set to criminalise sex before marriage – even for tourists

Indonesia is set to pass a draconian new criminal code outlawing sex outside of marriage, even among tourists, with a punishment of up to a year in prison.

The draft code, which also carries stiff penalties for abortion, “black magic”, insulting the president and cohabitation before marriage, is expected to be passed by the Indonesian parliament in December.

Rights groups have long warned that the new law, which has been decades in the making, would violate the rights of women, minorities and lesbian, gay, bisexual and transgender people, as well as undermining freedom of speech.

‘In line with Indonesian values’

However, Edward Omar Sharif Hiariej, Indonesia’s deputy justice minister, said the code is expected to be passed on Dec 15, telling Reuters: “We’re proud to have a criminal code that’s in line with Indonesian values.”

Bambang Wuryanto, a politician involved in its drafting, added that it could be endorsed next week.

If passed, the new rules would apply to both Indonesian citizens and foreigners, with business groups warning about the potential impact on the tourism industry, which is slowly trying to recover after being battered by the pandemic.

A previous attempt to introduce the code in 2019 was shelved after nationwide protests and warnings from the Australian government to its citizens that they could be charged for offences.

Bali, in particular, has traditionally been a top holiday destination, attracting millions of tourists every year.

‘More harm than good’

Shinta Widjaja Sukamdani, deputy chairperson of Indonesia’s employers’ association, said the morality clauses would “do more harm than good,” especially for businesses engaged in tourism and hospitality.

“For the business sector, the implementation of this customary law shall create legal uncertainty and make investors re-consider investing in Indonesia,” she said.

Rights groups have warned that the legislation, which also bans expressing any views counter to Indonesia’s state ideology and criminalises abortion, with the exception of rape victims, will have sweeping consequences for Indonesian society, police morality and increase discrimination.

According to a draft seen by Reuters, insulting the president, a charge that can only be reported by the president, carries a maximum sentence of three years in prison.

“I cannot imagine the damages that this draft will create in Indonesia with many of these toxic articles, from criminalising extra-marital sex to selling contraception to teenagers. It will be a dark era for the millions of people in Indonesia,” Andreas Harsono, from Human Rights Watch, told The Telegraph.

‘All hell will break loose’

As Indonesia does not recognise same-sex marriage, it would mean that “all LGBT relationships will be categorised as a crime”, he said, suggesting that hotels could also be criminalised for hosting unmarried couples.

“All hell will break loose,” said Mr Harsono.

The draft has the support of some conservative Islamic groups, whose influence is growing across the world’s most populous Muslim-majority nation.

Indonesia already has hundreds of regulations at the local level that discriminate against religious minorities and LGBT people, and concerns have recently been raised about growing pressure on women and girls to wear a hijab in public or risk being forced out of their jobs or education.

However, the deputy justice minister defended the move, saying the final version would ensure that regional laws adhered to national legislation, and the new code would not threaten democratic freedoms.

A revised version of the criminal code has been in discussion since Indonesia declared its independence from the Dutch in 1945.