Indonesia's New Criminal Code: What Changed for Bali Tourists?

Indonesia's new Criminal Code (Law 1/2023) took effect on 2 January 2026 and also applies to foreign tourists in Bali, but for most visitors the day-to-day change is small. The most talked-about articles, on adultery and unmarried cohabitation, can only be prosecuted after a complaint from a spouse, parent or child, never on the initiative of police, hotels or neighbours.

When did it start, and who does it apply to?

Law 1/2023 was promulgated on 2 January 2023 with a three-year transition, then took effect on 2 January 2026 together with Law 1/2026 on Penalty Adjustment. It replaces the Dutch-era Wetboek van Strafrecht and applies to anyone committing an offence on Indonesian territory, including a foreigner on a one-week holiday.

Can unmarried couples be arrested in a hotel?

In practice, it is very unlikely. Article 411 (sex with someone who is not your spouse) carries up to 1 year in prison or a category II fine of Rp10 million. Article 412 (living together as husband and wife outside marriage) carries up to 6 months or a category II fine. Both are complaint-based offences: only a spouse, for married people, or a parent or child, for unmarried people, may file a complaint. A complaint can also be withdrawn before the trial begins.

Since the Code was passed in December 2022, Bali Governor Wayan Koster has said there will be no checks of marital status at check-in at hotels, villas or other tourist accommodation (Kompas TV, Kontan). eTurboNews coverage on 2 January 2026 also noted that no new rule requires hotels to check guests' marital status. Hotels must still report foreign guests to Immigration under the Immigration Law, but that report covers identity and passport, not marital status. There is more detail in unmarried couples sharing a room in Bali.

One honest caveat: if your partner is Indonesian, their parents are legally among those who may complain. Lawmaker Taufik Basari gave this scenario as an example when the Code was passed.

Which other articles should tourists know about?

• Insulting the President or Vice President (Article 218). Up to 3 years 6 months, and only on a complaint by the President or Vice President personally. Insulting the government or state institutions (Article 240) is also complaint-based. Criticism in the public interest is excluded. The risk for tourists is small, but insulting posts can draw Immigration's attention.
• Protests without notification (Article 256) that disrupt the public interest carry up to 6 months in prison. Foreigners who join demonstrations can also face immigration action.
• Religion (Article 300 onwards). Publicly expressing hostility or hatred toward a religion can be prosecuted. In Bali, disrespectful behaviour at temples usually ends in deportation and a customary purification ceremony, but hate speech against a religion can become a criminal matter.
• Indecent acts in public (Article 414) apply to everyone, whether opposite-sex or same-sex couples. Heavy public displays of affection on beaches or in public places are best avoided.
• Living law (Article 2). The Code recognises customary law as a basis for sanctions within the limits of Pancasila and human rights, to be regulated through regional regulations. For Bali, this strengthens the position of village customary rules (awig-awig). As of 23 October 2026 we found no Bali regional regulation specifically implementing this article.
• New types of punishment. Community service and supervision for minor offences, and the death penalty with a 10-year probation period (Article 100).

What has NOT changed?

• Drugs are still punished very harshly. Some articles of the Narcotics Law were adjusted, but cannabis, cocaine and meth are still Class I. For cannabis products and CBD, read the rules on CBD and medical cannabis.
• Visas and overstays are still governed by the Immigration Law, not the Criminal Code. Working on a tourist visa or overstaying more than 60 days can still lead to deportation.
• Traffic still follows Law 22/2009: helmets, a valid licence, and fines.
• Bali-specific rules such as the foreign tourist levy and the governor's circular on tourist behaviour still apply. There is a summary at Bali rules for tourists.
• Drinking alcohol legally at licensed venues, wearing a bikini on the beach, and sharing a room with friends are not new criminal offences.

If you are reported or questioned

Ask for an interpreter, contact your embassy or consulate, and do not sign a statement you do not understand. The steps are in your rights if detained by police in Bali.

Sources: Law 1/2023 on the Criminal Code, Kontan (2026, on who may file a complaint), Kompas TV and Kontan (December 2022, Governor Koster's statement), eTurboNews (2 January 2026), the Australian Consulate-General in Surabaya and Smartraveller, Hukumonline (January 2026). Checked 23 October 2026.

Frequently asked questions

I am a tourist from Japan, Korea or Russia on holiday with my partner. Do I need to bring a marriage certificate? No. There is no requirement to show proof of marriage at check-in, and the cohabitation article can only be prosecuted on a complaint by a spouse, parent or child.

Can police raid hotel rooms because of the new Code? For Articles 411 and 412, not without a complaint from an entitled person. Checks for other reasons, such as drugs or stay-permit violations, can still happen as before.

Are same-sex relationships banned under the new Code? The Code has no specific ban on same-sex relationships between adults. Articles 411 and 412 apply equally to all couples, and indecent acts in public are prohibited for everyone.