On the second of January 2026, the new Criminal Code (KUHP) came into effect in Indonesia, updating the approach to crimes against morality. This concerns the notorious article 411. It provides for punishment for sexual intercourse with someone who is not a legal spouse. The maximum penalty is up to one year in prison or a fine of up to 10 million rupiah.
In addition to Article 411 about extramarital sex, the new Indonesian Criminal Code includes Article 412: which penalizes cohabitation "as husband and wife" without marriage. The maximum penalty is up to 6 months in prison or a fine of up to 10 million rupiah.
However, these articles have an important limitation. These are so-called complaint offenses. The police can only initiate proceedings based on a complaint from a strictly defined circle of people – a legal spouse, parents, or children. Without such a statement, the case is not initiated. The period for filing a complaint is 6-9 months depending on the region.
Both participants in such a case can become defendants: the person who engaged in the relationship and their partner – the complaint "from the family" initiates proceedings not against a "third party," but regarding the specific fact of the relationship, so both participants in the episode are usually involved in the materials.
Justice Minister Supratman Andi Agtas explained that this provision was developed considering Indonesia's social and cultural values. According to him, the state's task is to protect the family institution rather than interfere in the private lives of citizens.
The new criminal code does not introduce a "tourist hunt" but creates real risks in conflict situations. This provision does not provide for any checks of couples, raids, or monitoring of cohabitation. Hotels, villas, and guesthouses are not required to check guests' marital status, and random complaints from third parties have no legal force.
However, in practice, this means that personal relationships can become a legal issue in the event of a conflict. For instance, if a foreigner had a relationship with a married Balinese woman and her husband filed a complaint, or with an unmarried local girl and her parents decided to contact the police, the case may proceed officially.
In the Indonesian context, family status and relatives' stance hold significant importance – including legally. A quarrel, separation, money dispute, or family pressure can quickly turn a situation from private to criminal. Arguments like "it's personal life" or "it's customary for us" do not work in such cases.
For expats and tourists, this is yet another signal: romantic relationships with locals, especially without understanding the family and cultural context, are no longer solely a matter of personal choice and can have tangible legal consequences.
Want to understand your rights and how to protect your interests? Lawyers from Legal Indonesia can advise you on any matter – clearly, to the point, and in compliance with local legislation. The specialists will help find solutions to any difficult situation.
Sources: balinews, reuters.com
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