Indonesian lawmakers unanimously passed a wildly anachronistic, some say shocking, new law which criminalizes sex “outside of marriage”. This law applies not only to locals, but foreigners and tourists alike. The punishment: up to six months for cohabiting while unmarried and up to one year in jail for adulterers. Since same-sex marriage is not allowed (or recognized) in Indonesia, the law seems to totally outlaw gay “relations” entirely.
The chat forums were screaming with anger and incomprehension about the draconian measures to be enacted. Many in Australia – which provides the largest tranche of foreigners to the charming island of Bali – to Europe to the United States claimed that Indonesia just killed off a fledgling tourism industry just coming back to life after Covid-19. And just to make sure that tourists got the message, just a few days after this news, Umar Patek, who made the bombs for the sickening 2002 Bali bombings (202 dead, mostly from Australia) was released from prison…early.
But let’s look at some facts and calm down.
Everyone gets it on now and always have regardless of what a country’s laws are, and in Indonesia, that’s true also, but “sex” (gay or straight) is pretty much a don’t ask, don’t tell subject. Indonesia is considered to be one of the most liberal Muslim-majority countries and will probably continue to be despite the confusion of this new law. In Indonesia, there is no national law against (or punishment for) private, consenting same-sex conduct. Comparatively speaking, you might consider limiting travel to countries that have “death” listed as the punishment for homosexuality, regardless of whether the law has ever been used or enforced (Dubai) to others where you might find yourself being thrown off the side of a building (Isis Afghanistan).
The anti-cohabitation law is almost impossible to enforce or prove. It’s more apparent if opposite-sex couples live together without a marriage license, but what about same-sex couples living together or sharing a hotel room? Is Indonesia really outlawing cohabitation to anyone except a married man and woman? Will they randomly burst into hotel rooms hoping to catch a gay act in progress (6 months for sex outside of marriage)? What if they find out that one of the partners is married to another same-sex partner? Would they “recognize” that marriage just so they could up the charge to adultery (1 year in prison)? Nope, not going to happen.
Outside of the potential for blackmailing suspects (which is a consideration), policing same-sex violations of the law is tedious and there’s no money in it. The only place known in Indonesia to have a “gay street” with a multiple number of LGBTQ bars is in the Seminyak area of Bali. There’s no law against being gay per se, but would the police find it more interesting now to increase harassment of gays under the apparently vaguely written anti-indecency laws? Will the police hide outside the bars, follow couples home, give them some time to get going and burst into the room hoping to catch a proscribed gay sex act in progress? Nope.
If you’re feeling the after Covid travel bug, but are risk-averse to countries that rank low in LGBTQ acceptance, you should reconsider visiting Indonesia and go somewhere else (after checking out their laws first). But wait… from what is gathered in news reports, you might have a few years as the anti-sex law will not come into effect until 2025; that’s three more years to get to Indonesia and “cohabit” away and be enchanted by mysterious Bali, go the rim of recently erupted volcano Mount Bromo at dawn, visit the world’s largest Buddhist temple Borobudur. Advice: when visiting Indonesia, or other Muslim-majority countries, you need to keep in check your indignation over the lack of acceptance of LGBTQ rights. And, to avoid being obvious, same-sex couple should probably not demand a room with one bed.
Review by Glenn John
Once upon a loooong time ago, Glenn moved from NYC to Bangkok (pre-covid, the most visited city on Earth
Forbes mag.et al) and suddenly he wants to let everyone know a bit more about Thailand (per capita, the
queerest country on Earth - his stats) and maybe some of the LGBTQI+ happenings in the neighboring
countries also.Labels: 2022, anti sex before marruage, Genn John, Indonesia, new laws, report
