Tasha Wibawa – The Federal Government has updated its travel advice for Indonesia, warning tourists they could be jailed for having sex outside of marriage if proposed laws are passed.
The Indonesian Government had been planning to bring forward a vote on a new national criminal code as early as next week. Among other things, it would make it illegal to criticise the president, have sex outside of marriage and sell contraceptives.
Late on Friday, the Government said it would delay introducing the new laws, which rights groups in the country have criticised as an assault on basic freedoms.
Tim Lindsey, director of the Centre for Indonesian Law, Islam and Society at the University of Melbourne, told the ABC it was unclear how the laws would be monitored once they were in place or whether couples would need to have marriage certificates on them while travelling in the country.
"For the provisions in regards to unmarried sex to apply, there would need to be some complaint made and that would trigger some form of police action," he said.
"[Police] are not going to drive around the street picking up people who are not married, but the truth is, if they desire to prosecute unmarried couples from Australia, police could obtain a report and prosecute them."
Dr Lindsey said while it was "very likely" the new laws would be passed next week, its contents could still change at the last minute.
"Indonesian law enforcement are unpredictable and corrupt so it will be enforced the same way the previous code was enforced, in some cases well, others are patchy," he said.
"You can imagine circumstances where rather than tourists head to prison because they're not married, police could use the laws to exploit tourists."
Dr Lindsey added that there were already laws in relation to sexual behaviour, but they were nowhere near as severe as the ones proposed.
Tourism will be affected
More than 6 million tourists visited Bali last year, including more than 1 million Australians, according to Indonesia's bureau of statistics.
Aaron Connelly, who leads the Southeast Asian Politics and Foreign Policy program at the International Institute for Strategic Studies, said tourism would "certainly be affected" if the bill was passed.
"European diplomatic missions in Jakarta have argued to legislators that its provisions, particularly against extramarital sex, will require that they update their travel notices and lead to a flood of bad press," he told the ABC.
"Same-sex couples may feel particularly uncomfortable visiting Indonesia, as a part of the provision would criminalise same-sex relations by default.
"The bill will damage the perception of Indonesia as a tolerant place, and make many Westerners think twice about visiting."
Gus Agung, head of Bali's Tourism Board, told the ABC the views of the regional government in Bali "are not always aligned with Jakarta".
"The Hindu culture accepts everyone who comes to Bali to enjoy the island. The influence of hardline clerics in Jakarta has no effect in Bali," he said.
When asked whether tourists in Indonesia could face jail for extramarital sex, Indonesian politician Teuku Taufiqulhadi said: "No problem, as long as people don't know."
But Dr Lindsey questioned that sentiment. "Criminal laws apply to everyone, including foreigners," he said.
'Disastrous for all Indonesians'
Human rights groups have criticised the proposal, which includes jail time and stiff penalties, saying millions of Indonesian could be affected.
"Indonesia's draft criminal code is disastrous not only for women and religious and gender minorities, but for all Indonesians," Andreas Harsono, senior Indonesia researcher at Human Rights Watch, said in a statement.
Under the proposed laws, unmarried couples who live together as a husband and wife could be jailed for six months or face a maximum fine of 10 million rupiah ($1,046), which is three months' salary for many Indonesians.
There would also be a maximum four-year prison term for women who have an abortion, applicable if there was no medical emergency or rape involved.
The code further introduces fines for some people who promote contraception, and a six-month prison term for unauthorised discussion of "tools of abortion".
Parliament has also reintroduced the offence of "attacking the honour or dignity" of Indonesia's president and vice-president.
A similar law was struck down by the Constitutional Court in 2006, and the new version is likely to be challenged by rights activists as well. Insulting the government and state institutions also carries a prison term.
Even if the new laws are passed next week the changes would take two years to come into effect.
– ABC/Reuters