Indonesia's New Criminal Code in 2026: What It Means for Travellers

When Indonesia's new criminal code came into force on 2 January 2026, the headlines abroad were blunt: sex outside marriage banned, unmarried couples at risk, Bali in trouble. Nine months on, holidaymakers are still sharing rooms in Bali, Lombok and Flores, and no wave of arrests has materialised. But the law is real, it applies to foreigners as well as Indonesians, and a few of its provisions matter far more to some travellers than to others. Here is a calm, practical reading of what changed, who is actually exposed, and how to travel with confidence.

What Changed on 2 January 2026

The new code, Law No. 1 of 2023 on the Penal Code and widely known as the KUHP, replaced the Dutch colonial-era criminal code that Indonesia had used, in amended form, since independence. It was passed by parliament in December 2022 and given a three-year transition period before taking effect at the start of 2026.

It is a sweeping piece of legislation of more than 600 articles, and most of it is uncontroversial modernisation. The government presents it as a break with colonial law and a code rooted in Indonesian values. Among the changes legal experts welcomed are a wider range of non-custodial sentences such as community service and supervision, and a ten-year probationary period for death sentences, after which a sentence may be commuted to life or twenty years' imprisonment for good behaviour.

The parts that drew international attention are the morality and speech provisions: articles on sex outside marriage and cohabitation, on insulting the president and state institutions, and an expanded blasphemy law. Human rights organisations, including Amnesty International Indonesia and Human Rights Watch, have criticised these as threats to privacy and free expression. For travellers, the key is to understand how each provision is triggered, because that is where the practical risk lies.

Sex Outside Marriage and Cohabitation: What the Law Actually Says

Two articles deal with relationships. Article 411 makes sex between people who are not married to each other punishable by up to one year in prison or a fine. Article 412 makes cohabiting "as husband and wife" outside marriage punishable by up to six months in prison or a fine.

The crucial detail is that both are complaint-based offences. Police can only act if a formal complaint is filed by a spouse of one of the people involved, or, for unmarried people, by a parent or child. Neighbours, hotel staff, community groups, police officers acting on their own initiative or moral vigilantes cannot trigger a case. There is no provision for raids, random checks or monitoring of couples.

Both the government and Bali's authorities have stressed this point. Bali's governor, Wayan Koster, has stated publicly that tourists will not be asked about their marital status when checking in at hotels, villas, guesthouses or spas, and that there will be no inspections or "sweeping" operations to check on couples. There is no national rule requiring accommodation providers to verify marriage certificates.

What This Means for Couples on Holiday

For the vast majority of visitors, the practical effect is close to nil. An unmarried couple on holiday in Indonesia has, in almost every case, no spouse, parent or child in the country with the motivation or legal standing to file a complaint. Hotels will not ask for a marriage certificate, booking platforms do not require one, and nothing in the check-in process has changed. Whether you stay in a resort or follow our advice on how to choose and book a homestay in Indonesia, you will be treated exactly as before.

That said, "unlikely to be enforced" is not the same as "legal". A handful of scenarios deserve thought:

• One partner is married to someone else. A spouse back home, or in Indonesia, has legal standing to file a complaint. This is the classic "jealous spouse" scenario that lawyers point to, and it applies to foreigners as much as to Indonesians.
• A family member objects. A parent of an adult who travels with a partner the family disapproves of could, in theory, file a complaint. In practice this arises mostly in relationships involving Indonesian citizens.
• Disputes turn legal. Relationship breakdowns, business conflicts or tenancy disputes sometimes escalate into police reports. The new articles add another tool that can be used in such conflicts.

Public displays of affection are a separate matter from these articles. Indonesia is a largely conservative country outside tourist enclaves, and discretion in public, particularly in rural areas, near places of worship and in predominantly Muslim regions, is simply good manners.

Long-Stayers, Expats and Mixed Couples: Where the Real Exposure Lies

The people with genuine reason to think carefully about the new code are not two-week tourists but those who build lives in Indonesia: remote workers on long-stay visas, retirees, foreigners in relationships with Indonesians, and anyone renting a home with an unmarried partner for months at a time.

For them, the circle of people with standing to complain is wider and physically closer. An Indonesian partner's parents live nearby; an ex-spouse may be in the country; a relationship may end badly. None of this means prosecution is likely, but it does mean the cohabitation article is more than theoretical. If you are planning an extended stay, our guide to Indonesia's remote-worker and long-stay visas covers the immigration side; for the criminal-law side, a consultation with an Indonesian lawyer before you sign a long lease together is sensible and inexpensive.

Same-sex couples should know that a proposed article criminalising gay sex was dropped from the final code, a change welcomed by rights groups. However, Indonesia does not recognise same-sex marriage, social attitudes vary widely by region, and local regulations and public-decency rules can still be applied. Discretion is advisable, particularly outside Bali and Jakarta.

Aceh: The Important Exception

The province of Aceh, on the northern tip of Sumatra, operates under a special autonomy law and applies its own Islamic bylaws alongside national law. Those bylaws criminalise sex outside marriage, close physical contact between unrelated men and women, alcohol and other behaviour, with penalties that include public caning. They are enforced by a dedicated sharia police force, not only on complaint.

Most of Aceh's rules are aimed at Muslims, but non-Muslims can be affected in some circumstances, and visitors are expected to dress and behave conservatively. If your plans include Banda Aceh, Pulau Weh or the Aceh highlands, read up specifically on local rules. The national code's complaint-based safeguards do not describe how things work there.

Speech, Religion and Politics: Other Articles Worth Knowing

Several other provisions matter more to travellers than the headlines suggest, because they concern things people do casually online.

• Insulting the president or vice president. Attacking the "honour or dignity" of the sitting president or vice president can be punished with up to three and a half years in prison, though a case requires a complaint from the president or vice president personally. Insulting state institutions is also covered.
• Blasphemy. The code expands existing blasphemy provisions, with prison terms of up to five years in some cases. Disrespect towards any of Indonesia's six officially recognised religions, including in social media posts filmed at temples, mosques or churches, can have serious consequences.
• Communist and Marxist-Leninist ideology. Spreading these ideologies remains a crime, with long prison terms for association with such organisations.

None of this is likely to affect a traveller who behaves respectfully. But the combination of these articles and Indonesia's electronic information law means that a mocking video at a sacred site, or an insulting post about national leaders or symbols, is a genuine legal risk rather than just a social faux pas.

Drugs: Nothing Has Softened

Some online commentary has suggested that the new code's sentencing reforms signal a softer approach to drugs. They do not. Narcotics offences remain governed by the separate narcotics law, and penalties are among the harshest in the world. Possession of even small amounts of cannabis can bring years in prison, and trafficking can carry the death penalty. The new probationary mechanism for death sentences is a welcome reform, but it is no reason for anyone to take risks.

This also applies to substances that are legal or tolerated at home, including CBD products and some prescription medicines. If you travel with prescription drugs, carry them in original packaging with a copy of your prescription and a doctor's letter, and check your embassy's guidance for restricted medicines before departure.

Public Behaviour, Customary Law and Local Rules

The new code formally recognises "living law", meaning customary law observed in local communities, as a potential basis for sanctions where regional regulations provide for it. In practice, this reinforces what has long been true in places like Bali: the customary village (desa adat) has real authority over behaviour on its land, from temple dress codes to conduct at ceremonies.

Layered on top are regional rules and codes of conduct. Bali in particular has tightened its approach to disrespectful tourist behaviour, and our guide to Bali's tourist rules, the do's, the don'ts and the fines covers the specifics, from sacred sites to scooters. Serious or repeated breaches can now lead to deportation rather than a warning.

How to Travel Calmly Under the New Code

The new code should not stop anyone from visiting Indonesia. It does reward a few sensible habits:

• Know which provisions are complaint-based and which are not. Relationship articles need a complaint from close family; drug, blasphemy and public-order offences do not.
• Be discreet in public, especially outside tourist enclaves and around places of worship.
• Think before you post. Videos at temples, jokes about religion or disparaging comments about national leaders can travel further than you intend.
• Keep your paperwork in order. Carry a copy of your passport and visa, complete your arrival formalities correctly, and respect your permitted activities. Our guide to entering Indonesia in 2026, from the arrival card to the Bali levy walks through the current requirements.
• Save your embassy's emergency number and choose travel insurance that includes legal assistance.

What to Do Next

1. Read your government's current travel advice for Indonesia, which summarises the new code from your country's perspective.
2. If you are married to someone other than your travel companion, or travelling with an Indonesian partner, consider the complaint scenarios above honestly.
3. If you plan a long stay with an unmarried partner, book a short consultation with an Indonesian lawyer before signing a lease.
4. Check any prescription medicines against Indonesia's restrictions and carry documentation.
5. If you plan to visit Aceh, research its specific bylaws and dress expectations.
6. If you would like an itinerary designed around local customs and sensitivities, our team can help you plan your journey.

Frequently Asked Questions

Can unmarried couples share a hotel room in Indonesia in 2026?

Yes, in practice. Sex outside marriage and cohabitation are offences under the new code, but they can only be prosecuted following a complaint from a spouse, parent or child. Hotels are not required to check marital status, and Bali's governor has said tourists will not be asked about it at check-in.

Can hotel staff or police report an unmarried couple?

No. Under the new code only a spouse of one of the people involved, or a parent or child, can file a valid complaint for these offences. Hotel staff, neighbours, community groups and police officers acting on their own initiative have no standing to start a case.

Does the new criminal code apply to foreigners?

Yes. Indonesian criminal law applies to everyone in the country, including tourists and foreign residents. What protects most short-term visitors is not an exemption but the complaint-based design of the relationship articles and the absence of any qualifying complainant.

Is the law different in Bali?

No. Bali follows the national criminal code like the rest of Indonesia, with additional regional rules on tourist conduct and strong customary village authority. The main regional exception is Aceh, which applies its own stricter Islamic bylaws.

Did the new code make drug laws less strict?

No. Drug offences remain covered by Indonesia's separate narcotics law, with very severe penalties, including long prison terms for possession and the death penalty for trafficking. The code's new probationary period for death sentences does not change the risk of arrest and prosecution.

Can I be prosecuted for something I post on social media?

Potentially, yes. Insulting the president or vice president, disrespecting recognised religions or posting content deemed blasphemous can lead to prosecution under the criminal code and Indonesia's electronic information law. Keep posts about religion, sacred sites and national leaders respectful.