Tourists may have concerns about Indonesia's new criminal code that includes a ban on sex outside of marriage, but experts say travellers likely will not have to worry too much about some of the new laws.
That's despite the controversial revisions of the colonial-era penal code that are leaving some in the tourism industry worried travellers may be deterred from visiting.
With foreign arrivals to Bali expected to reach pre-pandemic levels of 6 million by 2025, Indonesia's national tourism board has described the new code as "totally counterproductive".
But others are less concerned about any crackdown in Indonesia, a nation of 17,000 islands where citizens predominantly practise a moderate version of Islam.
Arie Ermawati — manager of Bali's Oberoi Hotel — said he didn't expect many problems from the new rules.
"The regulation just makes it clearer than what we have at the moment, that only certain people have the right to lodge a complaint," he said.
"We are not worried and don't feel that it will impact our business."
The changes to the criminal code will take up to three years to come into effect, and could still be challenged in the courts.
Sex rules unlikely to trouble tourists
The Department of Foreign Affairs and Trade (DFAT) has added the new laws to their travel advice for Indonesia, but did not raise the risk level.
"Indonesian parliament has passed revisions to its criminal code, which includes penalties for cohabitation and sex outside of marriage," DFAT said on its website.
"These revisions will not come into force for three years.
"You're subject to all local laws and penalties, including those that may appear harsh by Australian standards. Research local laws before travelling."
The head of tourism in Badung, which covers popular tourist areas Kuta and Nusa Dua, said foreigners should not be concerned.
"All tourists who are currently here already or potential tourists don't need to worry because they will still be treated as usual," I Nyoman Rudiarta told Detik News.
"There will be no sweeping legal action against tourists."
Handy Heryudhitawan, the general manager of Bali's main airport, said international flights, including from Australia, were continuing to operate normally.
Simon Butt — a professor and director of the centre for Asian and Pacific law at the University of Sydney's law school — said the sex ban for unmarried couples was unlikely to affect tourists.
"Provided that no such complaints are made to Indonesian police," Professor Butt warned.
"Police cannot proceed with investigating adultery or cohabitation without a complaint.
"Not just anyone can make a complaint."
And, until the new code comes in, Indonesia's existing ban on adultery, but not premarital sex, remains in place.
Ken Setiawan — from the the Asia Institute at the University of Melbourne — said that, because a report could only be filed by family members, it reduced the risk of tourists being charged.
"There is a limitation as to who can file the report," Professor Setiawan told the ABC.
"Those limitations are there. That does decrease the risk that foreigners would be prosecuted."
However, if people are prosecuted, they would face up to a year in jail or a maximum fine of 10 million rupiahs ($955).
Revellers will need to be careful
Those heading to Indonesia to party may find themselves facing a similar fine, if they are prosecuted under a part of the new code.
"Anyone who is drunk in a public place and disturbs public order, or threatens the safety of other people, shall be punished with a maximum fine of 10 million Rupiahs," the new code's Article 316 said.
Further to that, anyone who gives an already intoxicated person more drinks faces a year in jail.
There are also provisions that allow for people to be fined for "making uproar" or being too noisy in neighbourhoods at night or making false alarm calls.
Under the rules about possession, importing and distributing of drugs, anyone caught faces a minimum three years in prison or maximum 20 years in prison, depending on the type and quantity of drugs.
Anyone caught with pornography faces at least 6 months in jail, while those caught having sex in public will be sentenced to a year in prison.
People visiting temples in Bali will have to ensure they don't disrespect holy places, including statues and offerings on the street.
Otherwise they risk being sent to jail for up to a year.
Many of these provisions requires someone to make a formal report to the police and may not be actively enforced without complaints being lodged.
Danger from vague defamation laws
Dr Setiawan said another key issue was around the provisions that impinge on the right to freedom of expression.
That includes things such as defaming the president or vice-president, or members of public institutions.
"They're very broadly and vaguely formulated," Dr Setiawan said.
"And that is actually the danger of them.
"Because of that, they can be applied to anyone, and that includes foreigners."
For example, the code allows for a jail sentence of up to four years for anyone "who broadcasts, performs or posts writing or pictures so that they are visible to the public, playing recordings so that it is heard by the public, or disseminates it by means of information technology containing attacks on the honour or dignity of the president or vice-president".
Who is at risk?
Dr Setiawan said she was concerned the new laws could be used to target the LGBT community.
"In Indonesia, marriage is just between a man and a woman," she told the ABC.
"Therefore, these laws do place risks for members of the LGBT community, because gay marriage is illegal in Indonesia.
"Apart from the sex outside marriage provision, there's also a provision that prohibits cohabitation, so that also makes it possible that gay couples that live together in Indonesia can be arrested."
Professor Butt said there was also a provision on "immoral acts" that could extend to public affection between people of the same gender.
There would also be high risks, from human rights perspective, for religious minority groups and women's rights, Dr Setiawan said.
"This reform was really overdue, but it is not a step towards a more liberal democracy," she said.
She described the changes to the code as a "really concerning development".
"It's very important to remember the concerns that the international community has, but it is that Indonesians will live with this on a daily basis," she said.
"This is not really a step in the right direction."
While there was the potential for people to be caught out by the new laws, Andreas Harsono — an Indonesian researcher for Human Rights Watch — said the code could not be effectively policed.
"The law will not be implemented fully … but it will provide an avenue for extortion and bribes," Mr Harsono said.
