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Government and Tourism Stakeholders Speak Up

Bali Hotels Association 09 December 2022
Applies to:
International Travellers
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The Head of Bali Tourism Authority issues a video statement in regard to the current International media reports about the changes in the criminal code. 

Also issuing comments are the Indonesian Minister of Law and Human Rights and the  Special Staff to President Joko Widodo (Jokowi) for Legal Affairs, Dini Purwono.  "The article on adultery in the new Criminal Code is an absolute complaint offense. This means that only husband or wife (for those who are married) or parents or children (for those who are not married) can make a complaint. Other parties cannot report it carelessly, let alone play the judge himself. So there will be no legal process without complaints from the rightful party, who are directly harmed," said Dini in a written statement onThursday (8/12/2022).

Dini explained that there were no substantive changes related to the adultery article when compared to the old Article 284 of the Criminal Code. The difference, said Dini, only lies in the addition of parties entitled to complain. "So actually there is nothing to worry about. If so far tourists and investors can be comfortable in Indonesia, then this condition will not change either," said Dini.

Dini also added that the Criminal Code has never required parties entitled to complain to use their rights. The Criminal Code has also never provided additional administrative requirements for businesses in the tourism sector to question the marital status of tourists and foreign investors coming to Indonesia.

Minister of Law and Human Rights also offered an explanation. Yasonna Laoly stated "What is currently developing is misperception, especially from outside. I need to convey that extramarital sex is a complaint offense."  Yasonna went on to explain that it is impossible for someone to be arrested and prosecuted under the adultery clause without a report. He stressed that the reporting was limited, only close family members. For example, a report from a husband or wife.

Yasonna asked foreign tourists not to worry. He said the adultery article was only applied if there were complaints from close relatives.

"There must be a complaint. So if an Australian wants to go on vacation to Bali, they both want one room or what is his business. Unless there are complaints from their parents from Australia, which is not their culture ," said Yasonna.

The Minister of Tourism and Creative Economy, Sandiaga Uno also issued a statement. The Menparekraf emphasized that the Government of Indonesia adhered to the guidelines that the private sphere of the public, including tourists, would be guaranteed so that the comfort and security of the private sphere of tourists while traveling in Indonesia would always be maintained. 

"The Ministry of Tourism and Creative Economy (Kemenparekraf) assures all tourists who want to visit, not to hesitate on vacation and carry out tourism activities in Indonesia, that the constitution that applies in Indonesia will still guarantee the private space of the community and all visiting tourists. Articles related to adultery and cohabitation (regarding living in the same house without marriage ties) is also a complaint offense, so in practice it doesn't directly impact all visiting tourists," said Sandiaga. 

Various stake­ holders from the Bali tourism association also issued statements to straighten out the misinformation.

More information as well as the video statement available here

Keytip

Enjoy your holiday in Bali! 

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