What Australians Need to Know About Indonesia’s New Criminal Code

Melbourne, February 1: Indonesia remains one of the most popular holiday destinations for Australians, with Bali continuing to attract millions of visitors each year. However, the country’s newly implemented Criminal Code has raised questions among travellers about whether visiting Indonesia has become riskier. Legal experts say Australians should stay informed but not alarmed.

Indonesia formally brought its new Criminal Code into force on January 2, introducing a range of revised and newly codified offences. Among the most widely discussed provisions are laws criminalising premarital sex, cohabitation outside marriage, and public drunkenness.

In 2025 alone, around 1.7 million Australians visited Indonesia, making it the country’s top overseas travel destination for Aussie tourists, overtaking New Zealand. While the changes may appear concerning on paper, Indonesian legal experts stress that the laws are not aimed at foreign visitors.

“The new Criminal Code is not designed to target tourists and will not suddenly turn tourist destinations into risky places for foreigners,” said Retno Murni, legal expert and founder of the People’s Law Centre.

She explained that tourism activities will continue as normal, provided visitors follow local laws and regulations. “There are no special restrictions on tourists as long as they do not commit criminal acts,” she said.

Why the Law Was Updated

The new Criminal Code replaces legislation dating back to 1918, drafted during the Dutch colonial era. Although the revised code was passed by Indonesia’s parliament in 2022, it only came into effect this year.

The updated code combines existing laws, amended provisions, and several new offences that were not previously regulated. Legal experts say this makes it essential for foreigners travelling to Indonesia to familiarise themselves with the current legal framework.

Drug Laws Remain Extremely Strict

Indonesia continues to enforce some of the world’s toughest drug laws, and the new Criminal Code does not soften this stance. Penalties range from lengthy prison sentences for possession or consumption to life imprisonment or the death penalty for drug trafficking.

Legal experts warn that foreign travellers must remain extremely cautious, as Indonesia maintains a zero-tolerance approach to narcotics.

Should Australians Be Worried?

While some human rights lawyers argue that the new Criminal Code could lead to broader criminalisation, most agree that tourists behaving responsibly are unlikely to be affected.

Human rights lawyer Muhamad Isnur, chairman of the Indonesian Legal Aid Foundation, noted that the code introduces offences that did not previously exist, raising concerns about civil liberties and potential overcriminalisation.

However, others argue that many of the most controversial provisions require a formal complaint or evidence of harm before legal action can be taken.

“Although the new Criminal Code is more comprehensive and includes provisions that were not previously explicit, most of the articles that sound alarming are not automatically enforceable,” said Murni. “They generally apply only in specific circumstances.”

Advice for Travellers

Legal experts agree that Australians travelling to Indonesia have little to fear if they respect local laws, observe cultural norms, and ensure their documents are in order.

“Tourists who behave appropriately and follow the law should not be concerned,” Murni said.

For Australians planning a trip to Bali or elsewhere in Indonesia, the key message remains unchanged: stay informed, act responsibly, and respect local customs to enjoy a safe and trouble-free visit.