The awkward new rules about to kick in for travellers to Bali

Although most tourists are unlikely to fall afoul of incoming Indonesian laws, the Australian government has warned Australians about the changes.

A man and woman stand on a rocky shoreline talking, with a Balinese shrine in the foreground and surfers dotting the ocean waves behind them.

Under soon-to-be-enforced laws, people engaging in sex outside of marriage in Indonesia could face up to one year in jail. Source: Getty / Anadolu Agency

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 website also warns travellers that they are subject to all local laws and penalties, "including those that may appear harsh by Australian standards".
Tourists gather in pool overlooking rice fields in Bali.
In May 2025, Indonesia reported 1.31 million international visitors. Source: Getty / picture alliance/dpa/picture alliance via Getty I
The revision to Indonesia's criminal code — introduced by the nation's parliament in 2022 and ratified in November of this year — applies new penalties for cohabitation, adultery and sex outside of marriage between a man and a woman.

Before the changes, Indonesia only banned adultery.

Other changes include bans on black magic, insulting the president or state institutions, spreading views counter to state ideology, and staging protests without notification.

Will Indonesia's laws deter travellers?

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 are like second homes for tourists. With the ratification of this criminal code, hotels are now problematic places," he said.
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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By Olivia Di Iorio

Source: SBS News



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