
How does Indonesia officially enacting its new, long-awaited National Criminal Code impact international holidaymakers? Sexual relations outside of marriage – and unmarried cohabitation – are now criminal offences. But… let’s break the news and the new developments down before any reactions.
The country’s National Criminal Code’s implementation marks the end of Indonesia’s reliance on Dutch colonial-era laws. This transition, which followed a three-year preparatory period, brings the country’s legal system in line with contemporary Indonesian values and social norms. Yes, while the news has generated significant international discourse – the Indonesian government has reassured global travellers that the island’s hospitality remains accessible as ever.
The new code introduces two specific articles that directly address private conduct. Article 411 prohibits sexual relations outside of marriage, with potential penalties of up to one year in prison. Article 412 addresses cohabitation between unmarried couples, carrying a maximum sentence of six months.
These provisions apply to everyone within Indonesian territory, including foreign nationals. However, the law does not operate as a general prohibition that police can unilaterally enforce. Instead, the code classifies these acts as ‘absolute complaint offenses’, meaning they remain outside the state’s jurisdiction, unless a specific legal ‘trigger’ is pulled by a private party.
Enforcement of these morality-based laws is strictly limited by a narrow complaint mechanism. Under the 2026 Indonesia laws, authorities can initiate a prosecution only if a formal complaint is lodged by a direct family member. Specifically, only a legal spouse, a parent, or a child of the individuals involved has the standing to report an offense.
This structure effectively prevents hotel staff, local residents, or moral vigilantes from reporting tourists to the police.

The Bali Tourism Authority and the Indonesian Ministry of Law have issued formal guarantees to maintain ‘holidaying as usual’ for the tourism sector. These officials confirm that there are no new requirements for accommodation providers to verify marital status or request marriage certificates upon check-in. Hotels, villas, and resorts continue to operate under existing privacy standards, and public officials are prohibited from conducting ‘sweeps’ or inspections regarding the marital status of guests.
These administrative safeguards are designed to protect their ‘quality tourism’ initiative, ensuring that Bali remains a dignified and welcoming destination. The government’s priority is to safeguard the family institution for its citizens without infringing upon the personal liberties of those visiting the archipelago for leisure or investment.
While the 2026 Indonesia Penal Code represents a significant milestone in the country’s legal history, the practical impact on international visitors is minimal today. Travellers can continue to enjoy Indonesia’s diverse landscapes and hospitality of Indonesia, as before. Our specialists design all Bali and Indonesia itineraries in-house, ensuring your 2026 Bali stay is both comfortable (and compliant!). Check out our Bali Hot Deals or talk to our travel specialists for bespoke itineraries at 1300 991 751!
Scan QR image with Google Lens
Or fill your email address below