Indonesia delays premarital sex ban. What does that mean for Aussie travellers?

Some of the 1.2 million Australians who visit Bali each year could be affected by controversial new laws.

Tourists relax on Kuta beach on Indonesia's tourism island of Bali. Bali has reassured tourists it won't be enforcing any sex ban.

Tourists relax on Kuta beach on Indonesia's tourism island of Bali. Bali has reassured tourists it won't be enforcing any sex ban. Source: AAP

Indonesia's President Joko Widodo has ordered a review of major changes to the country's criminal code, which include a ban on sex before marriage, after widespread criticism by human rights groups.

The Southeast Asian nation has floated .

However, on Friday night Mr Widodo ordered a delay in the vote by parliament on the revisions.

The president said he had decided the changes needed further examination after taking into account inputs from various groups who objected to parts of the bill.
A crowd of tourists and backpackers enjoy the sunset in a beach bar in Canggu beach in Bali.
A crowd of tourists and backpackers enjoy the sunset in a beach bar in Canggu beach in Bali. Source: AAP
More than 300,000 people signed a petition calling for the president to step in and stop the draft penal code from being passed.

The parliament was due to vote on the revisions on Tuesday.

However, the laws could still go ahead.

Professor Tim Lindsey, the director of the University of Melbourne's Centre for Indonesian Law, Islam and Society, said the "highly conservative" laws would apply to foreigners, including the 1.2 million Australians who visit Bali each year.

"Sex between unmarried tourists would constitute a breach," he told SBS News on Friday.
Indonesian President Joko Widodo.
Indonesian President Joko Widodo. Source: Getty
Under the proposed laws, unmarried couples who "live together as a husband and wife" could be jailed for six months or face a maximum fine of 10 million rupiah ($1,000).

A prosecution could proceed if a village chief, who heads the lowest tier of government, files a complaint with police, and parents or children of the accused do not object. Parents, children and spouses could also lodge a complaint.
A beach in Bali.
A beach in Bali. Source: AAP
As such, Mr Lindsey said it's unlikely that "police will start routinely rounding up" visitors who breach the law but "we could see this law used to extort foreigners".

"A policeman may find two Westerners sharing a room and say 'you're in breach of the law, pay me or I'll charge you'."
Politician Teuku Taufiqulhadi earlier this week announced foreigners didn't need to worry about the proposed laws.

"No problem, as long as people don’t know," Mr Taufiqulhadi told Reuters.
No problem, as long as people don’t know Teuku Taufiqulhadi
But Mr Lindsey strongly dismissed this.

"Such comments of how it may or may not be enforced in the future have no weight or bearing on enforcement whatsoever."

"A law is a law ... He was trying to cool down the controversy."

The Institute for Criminal Justice Reform, an NGO, said millions of Indonesians could be ensnared by the proposed laws. It noted a study indicating that 40 per cent of Indonesian adolescents engaged in pre-marital sexual activity.

Another controversial article in the proposed code states that anyone who is "to show, to offer, to broadcast, to write or to promote contraception to a minor" could face a prison term or fine.

The bill would also potentially reintroduce heavily penalties for insulting the president, which Mr Lindsey said will have a "dramatic effect on freedom of the press".

On Thursday, hundreds of university students assembled in front of Jakarta's legislative building to protest the bill.

"Much of the code is extremely controversial in Indonesia and does not have consistent support in the community," Mr Lindsey said.

He said the laws were part of a conservative political trend that is taking hold of countries around the world.

Additional reporting: Reuters, AAP


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Published 20 September 2019 7:11pm
By Nick Baker

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