The Indonesian Government in Jakarta has passed long-expected changes to its criminal code, which will affect both locals and visitors to the country.

The new laws passed on Tuesday will make it easier to prosecute those caught having sex outside of marriage and potentially have huge implications to tourism businesses and the way visitors can plan travel around parts of the country.

A lot of attention has been given to the new penalties against “extra-marital sex”, but what does it mean for visitors? For now, nothing.

Article 411 of the new criminal code will not come into effect for the next three years, at least. However, it is not only the harsher penalties but broader interpretation of the law that has worried critics.

Sex outside marriage is already illegal in Indonesia, but largely unenforced.

The old 1918 law said that it was only the offended spouse who could press charges.

Now all anyone accused of having sex outside of marriage punishable by up to a year in jail, affecting anyone from locals in Jakarta to unmarried tourists in Denpasar.

The maximum jail sentence for “adulterers” is also increased from six months to twelve.

The reason for the review was to update old criminal codes which Indonesia adopted over a century ago, said Justice Minister Yasonna Laoly on Tuesday.

“Indonesia needs to update the current Criminal Code that has been adopted since the Dutch colonial period,” he told English Language newspaper the Jakarta Globe.

• Urgent sex warning for Bali tourists

There will now be a three year introductory period which will bring the new legal framework into effect across the 17,000 islands that make up Indonesia. There is expected to be a challenge to the new law.

In particular resort Islands like Bali, which have historically appealed to Western tourists, are concerned about what the new legal code of over 600 articles could mean for businesses.

Bali’s recovery and tourism implications

Currently amendment 411 will still be difficult to prosecute, as complaints must be made by the children, parents or spouse of the couple. However there are a raft of other measures including laws against unmarried couples cohabiting that could have implications for tourism businesses.

Indonesia's new criminal code may affect the plans of local unmarried couples and visitors. Photo / Artem Beliaikin, Unsplash

Hotels may no longer be able to offer rooms to couples. There are also concerns that same-sex couples may be impacted, as Indonesia does not recognise same-sex marriage.

Unmarried expatriates could also find themselves on the wrong side of new laws by living together.

Kiwi expatriates say that currently a lot of concern from abroad but the mood is more subdued among tourism operators on the Island.

“People are very worried and many thinking of canceling their holidays,” said expat Matt who runs a catering company with wife Kadek. “I don’t think this will happen nor is it anything to worry about.”

Indonesian and Balinese culture are very different, especially within local law and practice. He says he would be surprised if much changes at the end of the three year introductory period.

Bali as a Majority Hindu island has historically had a degree of leniency. This has helped a large tourism industry to thrive on the island. Prior to the pandemic Bali was praised by Jakarta as an engine for international travel. Over 16 million international tourists visited a year.

In 2019, there was a $435 million project to replicate the island’s success in other parts of Indonesia, dubbed “10 New Balis”.

Post pandemic annual visitors now represent about a tenth of this, critics say that changes to the law could affect tourism recovery.

However the Island of the Gods, though popular with international visitors, is an outlier at odds with much of the rest of Indonesia. Particularly conservative, non-Hindu neighbours.

Safe Travel advice from MFAT currently tells Kiwis visiting Indonesia to be mindful that it is a diverse county, in both culture an religion.

“Some areas, such as Aceh are extremely conservative, and expectations of high moral conduct are enforced. Sharia law operates in Aceh and it is expected that all visitors to the province behave in an appropriate manner and respect local customs.”

A spokesperson for MFAT told the Herald they were aware of and monitoring the implications of Indonesia’s new legal code and would “assess in due course whether additional information should be included in our travel advisory”.

MFAT advises New Zealanders to respect religious and social traditions throughout Indonesia to avoid offending local sensitivities.

On Tuesday, Indonesian Justice Minister Yasonna Laoly said that the new laws expected are to be challenged.

“Our society is multicultural and multiethnic, it’s impossible to accommodate 100 percent of all interests. We have no intention to silence critics,” the minister told Kakarta Globe.

The new Criminal Code was approved unanimously by all nine parties in the Indonesian Parliament this week and will now be subject to an introductory period.