The Ministry of Tourism, Republic of Indonesia: The Governor of Bali Confirmed the Application Of The Indonesian Criminal Code Would Not Affect Bali Tourism
Bail, 11 Dec 2022
1. The government and the people of Bali develop tourism based on Balinese culture which is sourced in cultural values and local wisdom Sad Kerthi and Balinese taksu as stipulated in the Regional Regulation of the Province of Bali Number 5 of 2020 concerning Standards for Implementing Balinese Cultural Tourism.
2. The government and the people of Bali consistently respecting the arrival and presence of visitors in Bali (including their privacy), both domestic and international in a professional, polite, and communicative manner in implementing Balinese Cultural Tourism which is based on Sad Kerthi's local wisdom.
3. The entry into force of the Indonesian Criminal Code which passed in the Plenary Session of the Indonesian House of Representative (DPR RI) on December 6, 2022, eventhough it will take effect in the next 3 (three) years, has caused polemics in the news both in domestic and international sphere, therefore it might disrupt Bali tourism, as reported:
a. delays or cancellations of flights of several prospective visitors to Bali which have distracted the Australian aviation industries; and
b. warning of restrictions for travelling to Indonesia from various countries.
4. The new Indonesian Criminal Code does not specifically regulate premarital sexual as reported by some foreign and domestic medias. Article 411 of the Indonesian Criminal Code regulates adultery and Article 412 of the Indonesian Criminal Code regulates living together as husband and wife before marriage. These two provisions do not qualify as general offenses where the perpetrators can immediately be arrested and/or prosecuted, but are complain based offenses which can only be prosecuted if someone be complained, by:
a. husband or wife for people who are bound by marriage; or
b. parents or children for people who are not bound by marriage.
5. The material of the two provisions of the Indonesian Criminal Code actually similar to the previous Indonesian Criminal Code. The previous Indonesian Criminal Code has regulated these criminal acts in a more general nature, as governed in Article 284 of the previous Indonesian Criminal Code in the senses of adultery. The enactment of these provisions has never caused any problems for visitors, including disturbance of their privacy during their visit or live in Bali.
6. Based on the provisions of the new Indonesian Criminal Code, visitors who visit or live in Bali would not need to worry with regard to the entry into force of the Indonesian Criminal Code, since the provisions regulated in the new Indonesian Criminal Code actually much better hence it would provide a better guarantee of everyone's privacy and comfortableness.
7. The Province Government of Bali ensures that there will be no checking on marital status upon check-in at any tourism accommodations, such as hotels, villas, apartments, guest houses, lodges, and spas; nor inspection or sweeping on marital status by public officials or community groups; and guarantee the confidentiality of visitor's personal data during their stay in tourism accommodations.
8. The Province Government of Bali ensures that there would no policy changes related to the enactment of the new Indonesian Criminal Code and ensures the comfortableness and privacy of visitors through the implementation of quality and dignified Bali tourism.
9. Visitors may not hesitate to visit Bali, because Bali is Bali as usual, which is comfortable and safe to be visited. We look forward for welcome visitors with the Balinese hospitality.
10. Since news throug various media state that there have been flight and hotel room bookings cancellations all are hoax, data from travel agent, tour operators, accommodation, and airlines show that number of visitors and airlines to Bali from December 2022 to March 2023 tend to increase.
11. All parties are advised to be wise and not deliver any misleading statement that would stir up the situation regarding the enactment of the Indonesian Criminal Code, because it might disrupt Bali tourism.
Bali, December 11, 2022
GOVERNOR OF BALI,
WAYAN KOSTER
