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The new year means no sex outside of marriage — at least for Indonesians and those travelling to the Southeast Asian nation.
From 2 January, those within Indonesia’s borders will not be allowed to engage in sexual intercourse outside of marriage or live with an unmarried partner.
However, it’s unlikely that many couples travelling outside of wedlock will be locked up.
That’s because the incoming offences will only be enforced if authorities receive a complaint from someone related to one of the would-be offenders.
In recently updated travel advice for Indonesia, Australia’s Smartraveller website noted: “if you’re married, authorities can act on a complaint submitted by your spouse. If you’re unmarried, authorities can act on a complaint submitted by your child or parent”.

The Department of Foreign Affairs and Trade’s website cautions travelers that they must adhere to all local laws and penalties, even those that might seem severe by Australian standards.

Tourists gather in pool overlooking rice fields in Bali.

In May 2025, Indonesia welcomed 1.31 million international tourists, showcasing its popularity as a travel destination. Source: Getty / picture alliance/dpa/picture alliance via Getty I

Indonesia’s recent changes to its criminal code, enacted by parliament in 2022 and confirmed in November, introduce new penalties for cohabitation, infidelity, and premarital sex.

The revised laws also include prohibitions on black magic, insulting the president or state institutions, spreading ideas contrary to state ideology, and organizing protests without prior notification.

Deputy chief of Indonesia’s tourism board, Maulana Yusran, said the new laws would be “counterproductive” at a time when tourism was starting to recover from the COVID-19 pandemic.

“Hotels or any accommodation facilities serve as secondary homes for tourists. With the new criminal code in place, staying in hotels has become more complicated,” an expert noted.

In 2023, Indonesia overtook New Zealand as the top destination for Australians taking short trips overseas, according to the Australian Bureau of Statistics (ABS).
Around 1.37 million Australians travelled to Indonesia in 2023, while 1.26 million travelled to New Zealand, the ABS reported in February 2024.
More recent ABS data suggests Indonesia has retained pole position.

According to overseas travel data released in September, Indonesia emerged as the top destination for Australians during the 2024-2025 financial year, representing 14.2 percent of all international trips from Australia.

Criminal code faces some local backlash

Back in 2022, when the criminal code revision was announced, some citizens protested, and Human Rights Watch said the provisions “seriously violate international human rights law and standards”.
The organisation’s senior Indonesia researcher Andreas Harsono said the new code “contains oppressive and vague provisions that open the door to invasions of privacy and selective enforcement that will enable the police to extort bribes, lawmakers to harass political opponents, and officials to jail ordinary bloggers”.

According to Human Rights Watch, Indonesia has millions of couples without marriage certificates who will be breaking the law, especially Indigenous peoples or Muslims in rural areas who married only using Islamic ceremonies.

Activists hold up posters during a rally against Indonesia's new criminal law in Yogyakarta, Indonesia

Indonesian activists hold up posters during a rally against Indonesia’s new criminal law back in 2022. Source: AP / Slamet Riyadi

Activists and experts have also warned that the complaints process will disproportionately impact women and LGBTIQ+ people, who are more likely to be reported by husbands for adultery or by families for relationships they disapprove of.

Indonesian human rights minister Natalius Pigai said in late November that 80 per cent of the revised criminal code was in line with human rights principles, according to a report by Indonesian outlet Tempo.
Pigai said his ministry had submitted various recommendations for human rights protections to the Indonesian parliament during the drafting process of the new criminal code, Tempo reported.

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