How Indonesia’s new sex laws will affect tourists

Editor’s note: (Sign up for Unlocking the World, CNN Travel’s weekly newsletter. Get news about destination openings, inspiration for future adventures, and the latest on aviation, food and drink, where to stay, and other travel developments.)

(CNN) International tourists have flocked to the popular holiday destination of Bali as the Covid-19 pandemic recedes, raising hopes that Indonesia’s battered tourism industry is recovering.

But this week, parliament passed controversial new laws banning cohabitation and sex outside of marriage. These laws apply not only to residents, but also to foreign nationals and visitors to the country – something that has experts concerned.

While the changes are not expected to take effect for at least another three years, industry sources told CNN the new penal code could deter foreigners from visiting and damage the country’s global reputation, depriving it of vital tourism revenue.

Travel agency transfer

“From our perspective as tourism players, this law will be counterproductive to tourism in Bali – especially the chapter on sex and marriage,” said Putu Winastra, president of the association, the country’s largest tourism group. Indonesia Tour and Travel Agency (ASITA).

The new law is seen as a response to a rise in religious conservatism in recent years in Muslim-majority Indonesia, which enforces a strict Sharia law in parts of the country. In Bali, the population is predominantly Hindu and thus tends to have a more liberal social environment, attracting Western tourists.

Indonesian lawmakers have defended the new laws, saying they are meant to satisfy the “public aspiration” of the pluralistic nation. Law and Human Rights Minister Yasonna Laoly said on Tuesday that it was not easy for a multicultural and multi-ethnic country to have a penal code that “balances all interests”.

Venastra said the new law caught him and others off guard because they believed the government had been very keen to increase foreign tourist arrivals. “There will now be rules and laws that will burden tourists and the industry,” he added.

Like most of the world’s major tourist hotspots, Bali has suffered severe economic disruption during the Covid-19 pandemic.

For the whole of 2021, the number of foreign tourists dropped from more than 500,000 per month to 45.

But as the pandemic recedes, government and tourism officials have been forecasting a healthy recovery that could bring billions of dollars to the Indonesian economy.

Earlier this year, the World Travel & Tourism Council, a global industry body, forecast Indonesian tourism to grow at an annual rate of 10 percent over the next 10 years, with the industry expected to contribute nearly US$118 billion to the country’s GDP while creating more than 500,000 tourism in the next decade. work every year.

Local guide Ken Katut told CNN Travel he believes the travel industry is “moving in the right direction” after the G20 leaders’ summit in Bali in November.

Ken said the hotel was packed with delegates and he was happy to be busy ferrying tourists around the island.

“The G20 is great for those of us who lost our jobs during the pandemic,” he said. “It really brought Bali back to life.”

Now, some fear that momentum will be cut off just as it starts to pick up again.

what do you know

Under the new penal code, anyone – Indonesian or foreigner – convicted of adultery or a premarital relationship could face up to 12 months in prison. It is unclear how the laws will be enforced.

“Should tourist couples (come to Bali) have to prove they are married? Should we ask them if they are married?” Miracle Putu.

“Foreign tourists now think twice before traveling to Bali because they may go to jail for breaking the law.”

The rights group noted how the laws would disproportionately affect women and members of the gay community, adding that they could “provide an avenue for selective enforcement”.

Hoteliers have also opposed the laws, saying they are difficult to enforce.

“Asking couples if they are married is a very private area and it would be an impossible task,” said Ida Bagus Purwa Sidemen, executive director of the Indonesian Hotel and Restaurant Association (PHRI).

Sidemen believes the Indonesian government will review the law after public backlash. “We can’t ask every couple about their legal marital status. That would cause us huge problems,” he said.

“But what happens to us now if the new law scares away tourists? Will we go back to where we were during the pandemic?

“The government can’t want tourists (revenue) and enforce these laws that scare people away. It doesn’t make sense.”