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Daily Mirror
Daily Mirror
World
Ryan Fahey

Brit couples still welcome in Bali despite out of marriage sex ban due to loophole

Foreign tourist couples will only be subject to a new adultery law prohibiting sex outside of marriage if their parents, partner or children snitch.

Yesterday, Indonesia passed a sweeping revision to its criminal code, sparking fears it could be used to stifle freedom of speech, unfairly target women and restrict other human rights in the notoriously conservative country.

One of the changes applies to adultery, which was considered a crime but largely unenforced, is now punishable by up to one year in prison.

Though the law does apply to everyone, including foreigners, it's highly unlikely that tourists will be thrown in jail for sleeping with their boyfriend or girlfriend.

The revision stipulates that complainants in adultery cases must be an immediate family member of either of the two parties. This means only their spouse, parents or children who have been negatively impacted will be able to report them.

So foreign tourists will only end up in Balinese jail if they bring their family members who decide to inform police in Indonesia.

But, single tourists should be more careful when dating Indonesian citizens in case their relatives decide to make an issue out of the union.

Tourists work through Ubud street art market (Getty Images)

The new criminal code won't come into force for another two to three years, and will face a number of court challenges before it can be enshrined in law.

Though the risk to tourists may have been overblown, the tourist industry could suffer an immediate blow to its post-Covid recovery, according to Coconuts.co.

It's currently illegal for unmarried couples to live with each other - but cops largely avoid enforcing the six-month jail time.

Some lawmakers had called for the penal code to bar same-sex intercourse, but the bill doesn't mention homosexuality.

Human rights groups have slammed the proposed alterations, fearing they could still be used to target members of the LGBTQ+ community - who face discrimination already.

Human rights activists fear the code will stifle freedom of speech and its adultery ban could be used to target members of the LGBTQ+ community (Getty Images/iStockphoto)

Laws like the Anti-Pornography law are already arbitrarily enforced to criminalise homosexual Indonesians, rights groups say.

The penal code will, however, prohibit the promotion of contraception and defamation of the President and the state.

Activists have labelled these changes as "disastrous" for human rights and argue some of the revisions are overly broad or vague, warning they could penalise normal activities and threaten freedom of expression and privacy rights.

There are fears the law could also disproportionately target women (Getty Images)

The long-awaited code also extends a blasphemy laws and maintains a five-year prison term for deviations from the central tenets of Indonesia's six recognised religions: Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism.

As well as this, the 600 pages of reformation upholds criminalisation of abortion but now allows women with life-threatening medical conditions and victims of rape to end their pregnancy, provided the foetus is still under 12 weeks old.

However, after fierce deliberation, a ban on gay sex proposed by Islamic groups was rejected.

Changes have also been made to laws regarding capital punishment and under the new code, convicts behaving well within a period of 10 years could have their sentence reduced to lifetime imprisonment and in some cases, just 20 years behind bars.

Abortion law has been loosened slightly, now allowing women with life-threatening condtions or victims of rape to terminate their pregnancy within 12 weeks of conception (Getty Images)

This comes after a push by the the National Commission on Human Rights for capital punishment to be outlawed in the country as has been seen in dozens of other countries over the past decade.

The hordes of changes in legislation come as Indonesia, the country with the largest Muslim majority in the world, sees a rise in religious conservatism.

Human Rights Watch argue that laws penalising criticism of public leaders are contrary to international law, and the fact that some forms of expression are considered insulting is not sufficient to justify restrictions or penalties.

There is also concern for Indonesian women as research from Gulf states that enforce similar strict laws governing sex and relationships show women are disproportionately punished and targeted by such laws.

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