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KUHP PASSED: FOREIGN TOURISTS ARE ‘WORRIED’, WHAT IMPACT WILL IT HAVE?

TOURISM players in Indonesia are still trying to recover from the adverse effects of the COVID-19 pandemic, when the House of Representatives (DPR) passed the Criminal Procedure Code (KUHP), Tuesday (06/12). It is feared that the new Criminal Code or Criminal Procedure Code will keep foreign tourists away because one of its substances criminalizes those who have sex outside of marriage.

The controversial law, which critics call a human rights “disaster”, also prohibits unmarried couples from living together and limits political and religious freedoms.

Protests have taken place this week, and the newly passed Criminal Code is expected to be challenged in the Constitutional Court. The Criminal Code, which was passed by the DPR on Tuesday (6/12), will take effect within three years for Indonesian citizens, foreign residents living in Indonesia, and foreign tourists.

The passage of the Penal Code was also widely reported in Australia, where several newspapers dubbed it the “Bali bonk ban” or “sex prohibition in Bali”.

Indonesia’s economy itself is heavily dependent on tourism from Australia, which was the source of most tourists before the pandemic. Thousands of Australians vacation in Bali every month to soak up the warm weather, sip Bintang beer and party on the beach all night.

For Australians, holding a wedding in Bali is quite common. Even thousands of Australian students fly to Bali every year to celebrate high school graduation.

For many young Australians, a trip to Bali is seen as a rite of passage into adulthood. While others go to Bali several times a year for a short and cheap vacation.

On Facebook pages dedicated to tourism in Indonesia, many Australian netizens are trying to understand the new rules and how they will affect foreign tourists.

Some said they would travel with their marriage certificate, while others who were unmarried said they would go elsewhere if the passage of the law meant they would not be allowed to share a hotel room with their partner.

“What a way to destroy Bali’s tourism industry,” wrote one Australian netizen, while others agreed it was an impossible “scare tactic”. Under the new Criminal Code, which contains 600 articles, unmarried couples caught having sex can be jailed for up to one year. Those caught living together can be jailed for up to six months. His critics say tourists can be ensnared too.

“For example, an Australian tourist has a local boyfriend or girlfriend, then the family or relatives of that local person report the tourist to the police. This could be a problem,” Human Rights Watch senior researcher Andreas Harsono told the Australian Broadcasting Corporation (ABC).

Foreign visitors are asked not to worry too much, because the police will only investigate this case if a family member makes a report, such as a parent, legal partner or child of the perpetrator.

However, Harsono believes that this is still dangerous because it opens the door for “selective law enforcement”. This means that the article will only be applied to certain targets.

“The target could be hotels, maybe also foreign tourists, which would allow certain police officers to blackmail or certain politicians to take advantage of for example blasphemy laws to imprison their political opponents,” he concluded. [sources/photo special]