Indonesia has passed a law that bans anyone in the country from having pre-marital sex, however, there’s one clause that may protect Australian tourists from the sex-ban.
The ban stipulates that sex outside of marriage will be punished with one year in prison while unmarried people living together could face six months in jail – and it’s been stated that the law applies to non-nationals, including tourists.
However, in order for a person to be found guilty, they can only be prosecuted if they are reported by a spouse, parents or their children. This means that only a tourist’s immediate family would be able to dob them into authorities. If a couple came to Bali, or other parts of Indonesia, for a short holiday, it’s unlikely that their family back home would turn them in.
Regardless, the new rule is undoubtedly a step back for the country in many ways. Firstly, gay marriage is prohibited in Indonesia, which means homosexuals would be forbidden from having sex without any way around it.
Secondly, the move significantly affects civil liberties and political freedoms, areas where Indonesia has recently made progress.
On the other side of the coin, the new law may help reduce adultery in Indonesia.
This is the second time a bill such as this has seen the light of day in the Indonesian parliament. When the government tried to pass a similar law earlier, it prompted widespread criticism and backlash.
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While the bill was passed by parliament yesterday, it still needs to be approved by President Joko Widodo, and if it comes into play it will be enforced in three years from now.
Zainal Arifin, head of the Indonesian Legal Aid Foundation’s advocacy team told Sydney Morning Herald that the new laws had “the potential to criminalise [Indonesian] people and the foreign tourists”.
“This article has been criticised since the beginning. Civil society gave warnings to the government in 2019 that the government should not go into private space,” he said.
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