Indonesia Guarantees Tourists Will Be Safe from Controversial Sex Laws

Pemandangan pantai di Bali sebelum pandemi COVID-19. — Bali is very popular among foreign tourists, but the controversial sex laws may scare off tourists. Photo: Tommy Kurnia/Liputan6.com

Liputan6.com, Jakarta - Indonesian government is now busy to socialize the new criminal code which replaced the old colonial-era laws. However, international media give negative sentiment to the new laws regarding sex outside marriage.

The controversial law stipulates that people who have sex outside marriage, whether they are married or single, can be jailed. Moreover, people who live together as partner outside marriage can also be jailed.

Those laws which intervene the public's sexual privacy are sparking concerns that foreign tourists may be discouraged to visit Indonesia.

But the Vice Minister for Laws and Human Rights Edward Omar Sharif Hiariej said the parents of those tourists need to come to Indonesia to make complaint, and therefore it's not easy to use those laws against tourists.

The vice minister added that those laws are very strict. Very few people can use it, they are the the legal spouse, children, and parents of people who have sex outside marriage.

"I emphasize please come to Indonesia, foreign tourists, because you will not get charged. This is an offense of absolute complaint which can be charged by parents or children," said Vice Minister Edward during a press conference with the Ministry of Foreign Affairs, Monday (12/12/2022).

He further explained that "absolute complaint" means this law cannot only apply to a single person, but both people who are involved. Therefore, it is difficult for this law to be manipulated to target someone.

There is a possibility for tourists to get arrested if they have sex with locals, and the parents of the locals report them to the police. But Edward warns that the children of those parents will also go to jail or get fined.

Edward is skeptical that Indonesian parents would send their own children to jail like that.

"If the parents report the bule, then the parents must let their children be jailed as well," said Vice Minister Edward.

"Therefore, back to the question, are there any parents who would let their children enter jail? So they cannot just report that bule. That is the definition of absolute complaint. The complaint cannot be separated," said the vice minister.

Bule is an Indonesian word to describe foreigners. This term particularly applies to Caucasians, although it can be applicable for other ethnicities as well.

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Is It Truly Safe?

Song Kang dan Han So Hee di drama Nevertheless. Drama ini berkisah tentang percintaan rumit sepasang pemuda. Dok: YouTube Netflix — Song Kang and Han So Hee on Netflix drama, Nevertheless. Photo: YouTube Netflix

Meanwile, the Minister for Tourism Sandiaga Uno is not worried about the situation. He said that it's important to socialize the true nature of the news laws.

"So we wille nsure that to communicate and socialize that I guarantee the tourists will get safe experience, comfort, and fun while in Indonesia, said Minister Sandiaga.

He has promised to reach out the travel agents and tour operators so that the foreign tourists may feel welcome in Indonesia.

However, law expert from Trisakti University criticized the government for not being able to socialize the new criminal code appropriately. Expert also fears if someone lies about their identity as a family member.

"Although it's explained that only families who can file reports, but in the practice it may not be that way. There could be someone who claimed to be a family member (of someone)," said Trubus Rahadiansyah from Trisakti University.

He also asks the government to make the laws to be relevant in the current global situation as he points out that tourism in Bali may be affected by the new laws.