Indonesia's ban on sex outside marriage: Is it still safe for tourists to travel to Bali?

Indonesia's ew criminal code could see a raft of new laws imposed upon personal freedoms.Credit: Alamy

At the beginning of 2011, while living in Dubai, I found myself reluctantly visiting the police station on a regular basis. Every other week upon hearing the shaky, desperate voice on the end of my phone, I bundled up a bag of warm clothes and books, and drove to the Bur Dubai police station to deliver them to a close friend who was being held in the women's jail, a dark and dingy space in the basement of the facility. She spent a month in custody there, a further month in jail before being deported. Her charges? Sex outside of marriage.

I've experienced first-hand the uncertainty that comes with living or holidaying in a destination that shares wildly different moral views to my own. One of the reasons I moved to Bali in 2016 and continue to divide my time there is because I enjoy the freedoms of island life and adore the Balinese. So the announcement overnight that Indonesia has banned premarital sex is concerning for many reasons, especially since it's clear that holidaymakers in Bali are not exempt.

More concerning is that the new criminal code could also see a raft of new laws impose upon personal freedoms that will further criminalise abortion, LGBTIQ relationships, including public displays of affection among same-sex couples, and co-habitation by unmarried couples.

Things have been looking up on the Island of the Gods. Bali is on track to reach its target of 1.5 million tourists by the end of 2022. The island is only getting back on its feet since the pandemic and with many areas still recovering, this seems like another unnecessary setback. But how will it affect our relationship with Bali?

Some of the responses from my friends on social media were tongue-in-cheek.

"No more party in Bali!" said a Brazilian friend.

"There goes my social life in Bali," quipped an Aussie 30-something professional.

Others were a little more critical.

"It's out of touch with the real world and unfortunately Indonesia needs to understand what this does to their brand on the world stage," commented a Sydney-based corporate who has been in a same-sex relationship for 13 years and says he will still travel to Bali.

The news may have temporarily tarnished Indonesia's image, but the mood among most expats and long-term residents in Bali is that the new law will either lose steam or blow over, citing the Bali bikini ban of 2018 and the ban on alcohol in 2020 that never eventuated. But for locals, there is more to consider. "I'm very disappointed with how regressive our country has become," says a Jakarta-born marketing professional for a Bali hotel. "The controversial new laws will be a disaster for the tourism industry. This is totally against human rights. Growing up gay in this society is already hard. Now I believe the new law will even make it worse, as it makes us illegal to be who we are," he says.

Despite the uproar, it's still safe to travel to Bali and most of us intend to continue doing so. "I think it's crazy. It brings me sadness for the Indonesian community given that this law means unmarried couples can no longer live together, and also restricts political and religious freedoms," says Gold Coast-based Sarah, who has been with her partner for more than 10 years and has travelled to Bali six times. "Could this eventually extend to unmarried tourists not being allowed to share a hotel room? How will this law be enforced? Are you now required to travel with your marriage certificate?" says Sarah. "I don't think this will make me less inclined to travel to Bali but it certainly is worrisome, especially for what may come in the next couple of years," she says.

While there has been plenty of speculation about the new law, what we know is that it appears to be geared towards extramarital sex, and police must have a complaint from a family member, essentially a spouse, child or parent before they can investigate. However, if you come to attention of the police for any other reason, there is a risk of falling victim to bribes and corruption.

Two luxury Bali hotels I reached out to declined to comment on the new law, which is not surprising given there is still little known about how and whether it will be enforced on the island. Will it make tourists more cautious? Perhaps. Will Aussies be less-inclined to travel to Indonesia because it doesn't align with our values around human rights? It might. But then, on the other hand, is it really right to punish this Hindu-majority island that's home to one of the world's most unique, welcoming cultures for something that is out of their control?

I will still travel to Bali, will you?

See also: We moved to Bali in the middle of the pandemic. Here's what we learnt

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