What Aussies Need to Know About Indonesia’s New Criminal Code
Indonesia, a favored holiday destination among Australians, has officially implemented a new Criminal Code as of January 2, 2026. This comprehensive legal overhaul introduces several new and revised laws that affect various aspects of social behavior, some of which have raised concerns among tourists and expatriates.
Key Changes Impacting Visitors
The new Criminal Code criminalizes acts such as premarital sex, cohabitation outside marriage, and public drunkenness. These laws bring changes that Australians, who represented 1.7 million visitors to Indonesia in 2025, are encouraged to understand prior to traveling.
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Premarital Sex and Cohabitation: Both activities are now offenses that may lead to penalties of six months to one year in jail. However, prosecution requires a formal complaint filed only by a legal spouse, parent, or child. Thus, unmarried tourists staying together are not at risk of police action unless a complaint is lodged by these parties.
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Public Drunkenness: Consuming alcohol in public places and causing disturbances can result in fines up to 10 million rupiah (approximately AUD 867). Tourists are advised to consume alcoholic beverages only in licensed venues such as bars, cafes, and clubs to avoid penalties.
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Forgery of Documents: The code imposes strict penalties on the use of forged letters, passports, residence permits, or other official documents, with potential imprisonment of up to five years and fines. Visitors must ensure their travel and immigration documents are valid and authentic.
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Drug Offenses: Indonesia maintains its severe stance against narcotics offenses, including consumption and trafficking. The new code reinforces these stringent penalties, ranging from lengthy imprisonments to the death penalty in serious cases.
What This Means for Australian Tourists
Legal experts emphasize that the new Criminal Code is not intended to target tourists specifically. The general counsel is that visitors should comply with local laws and regulations to avoid any legal issues. Ignorance of the law will not be considered a defense in any criminal matter.
According to Retno Murni, legal expert and founder of the People’s Law Centre, “Foreign tourists, in principle, need not worry too much as long as they follow the law. Tourist activities are expected to proceed normally.” Bali-based lawyer Yulius Benyamin Seran adds that "every foreign citizen is subject to Indonesian law while in the country."
Enforcement and Monitoring
Authorities have established task forces to enforce the new rules, including immigration checks to prevent visa overstays and illegal work. Instances of tourists engaging in public disturbances have been met with swift action, underscoring the need for visitors to remain vigilant about local laws.
Mixed Reactions
While some view the new Criminal Code as a necessary update from the outdated 1918 Dutch colonial code, others express concern about the potential for overcriminalization and restrictions on civil liberties. Human rights advocates caution about the broad scope of some new criminal offenses.
Final Advice for Travellers
Australians planning to visit Indonesia, including popular spots such as Bali, should familiarize themselves with the new laws and exercise caution, particularly concerning alcohol consumption, cohabitation arrangements, and adherence to visa regulations. Being informed and respectful of Indonesian law will help ensure a safe and enjoyable visit to this vibrant and culturally rich destination.
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