Bali travel: ‘No marital checks’ on hotels and rentals under new Indonesian sex laws, says governor

Balinese officials have clarified that tourists will be unaffected by Indonesia’s stricter criminal code, which comes into force in 2025.

The Indonesian island’s governor Wayan Koster said there would be no “checks on marital status” for foreigners booking hotels and rentals on the island, with tourists not expected to abide by the new rules.

The strict new laws were passed by authorities last week, and will make sex and cohabitation outside of marriage illegal for locals. Sex outside of marriage will be punishable by up to a year of jail time.

“Based on the provisions of the new Indonesian criminal code, visitors who visit or live in Bali would not need to worry,” said Mr Koster in a statement.

There will be “no checks on marital statuses at tourist accommodations like hotels, villas, guest houses or spas, or inspections by public officials or community groups,” clarified the governor.

Human rights watchdogs and LGBTQ+ activists have raised fears about the new legislation, which was first floated in 2019 and sparked nationwide protests. Gay rights activists say the extra-marital laws amount to a ban on same-sex relations, since lesbian and gay Indonesians cannot legally marry.

Officials say the new code, which will come into effect from 2025, upholds “Indonesian values”.

As well as new limits on sex and cohabitation for unmarried people, it bans insulting or speaking contrary to the Indonesian government, and makes protest illegal without protestors adequately “notifying” authorities beforehand.

Mr Koster, along with government spokesperson Albert Aries, attempted to reassure tourists that the new laws will only been enforced for residents.

“Bali is business as usual - comfortable and safe to visit,” said the governor.

“We look forward to welcoming visitors with our Balinese hospitality and advise all parties not to deliver misleading statements regarding the Indonesian criminal code that might disrupt Bali tourism.”

Last week, Mr Aries said the new code had “never provided additional administrative requirements for business actors in the tourism sector to ask anyone about their marital status.”

However, on Thursday the UN issued a statement saying certain provisions in the new code were “incompatible with fundamental freedoms and human rights, including the right to equality before the law and equal protection of the law without discrimination, the rights to privacy as well as the rights to freedom of religion or belief and freedom of opinion and expression”.

“Some articles have the potential to criminalise journalistic work and impinge upon press freedom. Others would discriminate against, or have a discriminatory impact on, women, girls, boys and sexual minorities and would risk adversely affecting a range of sexual and reproductive health rights, the right to privacy, and exacerbate gender-based violence, and violence based on sexual orientation and gender identity,” the statement continued.

A spokesperson for tour operator Kuoni told The Independent: “News about a controversial new code has caught media attention and may be a concern to anyone planning a holiday, as the new rules are reportedly applicable to foreign residents and tourists. As it stands the new code is a draft and is not due to come into effect until 2025, so there is no immediate change for anyone due to travel in the near future.

“Our ground agent in Bali has assured us that our valued guests should not be worried about travelling and they will be welcomed as they always are. From our perspective, we have a responsibility to advise customers about local laws, so it’s important that we monitor the development of this proposal and understand how it will be enforced so we are able to interpret this and give the right advice to our customers.”