Indonesia Passes Law Criminalising Sex Outside Marriage: What We Know

Earlier, Indonesian law banned adultery but not pre-marital sex. Photo from protests over passing of the new law.

(Photo Courtesy: Twitter/NPOReports)

The Indonesian Parliament unanimously passed a law on Tuesday, 6 December, banning sex outside of marriage, including pre-marital sex. The new criminal code would legally ban anyone in Indonesia from having an extramarital affair. 

Earlier, Indonesian law banned adultery but not pre-marital sex.

The big points:

• The law says that the ‘crime’ can only be reported by a parent, spouse, or children of the offenders. 

• The law also bans ‘insulting’ the government institutions and the president, protesting without proper notifications as well as spreading any views countering the ones that the government holds. 

Why this matters: The law applies to domestic residents of the country, and also tourists. This means people visiting the tourism-dependent country would be discouraged to visit. 

What’s the punishment: Anyone who has been reported to have sex outside of marriage or unmarried couples cohabiting would have to serve up to one year in jail. 

As per the law, unmarried couples who are in live-in relationships could face six months in jail or might have to pay a fine of 10 million rupiah, which is $710.

Yes, but the law would not come into effect for at least the next three years, as reported by Reuters, since implementing guidelines are yet to be drafted. 

Also, the prosecution of foreigners would not be effective as such since a close family member has to file a complaint for the law to be enforced.

What next?

The law was passed amid protests outside the parliament against the law this past week, and hence, there is a high possibility of the law being challenged in court.