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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”.

As travelers venture overseas, they must always be aware of the legal landscapes that await them. The Department of Foreign Affairs and Trade underscores this point by reminding Australians that while abroad, they are bound by the local laws and penalties of the countries they visit, even those that may seem severe by their home standards.

Tourists gather in pool overlooking rice fields in Bali.

In a notable case, Indonesia, a popular destination that welcomed 1.31 million international visitors in May 2025, has recently revised its criminal code. These amendments, which were first introduced by the country’s parliament in 2022 and officially ratified in November 2023, bring significant changes to the legal framework.

Among the most discussed revisions are the new penalties concerning personal relationships. Specifically, the laws now impose sanctions on cohabitation, adultery, and sexual relations outside of marriage between a man and a woman. These changes are part of a broader overhaul aimed at aligning legal practices with traditional values.

In addition to regulations on personal conduct, the revised code also addresses a variety of other areas. It includes prohibitions on black magic, a ban on insulting the president or state institutions, restrictions on spreading ideas that counter state ideology, and requirements for notifying authorities before holding protests.

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.

For those planning to visit Indonesia, it is crucial to stay informed about these legal changes, as ignorance of the law is unlikely to be accepted as an excuse. This serves as a reminder of the importance of understanding and respecting the regulations of countries we choose to explore.

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.

Overseas arrivals and departures data released in September suggested Indonesia was the leading destination country for Australians travelling overseas in the 2024-2025 financial year, accounting for 14.2 per cent of overseas trips.

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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