CNN Travel: Laws forbidden sexism, cohabitation and apostasy in the Indonesian tourism industry

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International travelers have been flocking back to the popular resort island of Bali as the Covid pandemic subsides, prompting hopes that Indonesia’s battered tourism industry is on the road to recovery.

The new code forbids adultery, cohabitation before marriage and apostasy, which would apply to foreign residents and tourists.

It will be at least three years until the revised code comes into effect, according to officials, so it is still early to predict how the new laws will be implemented and enforced.

“From our point of view as tourism industry players, this law will be very counterproductive for the tourism industry in Bali — particularly the chapters about sex and marriage,” said Putu Winastra, chairman of the country’s largest tourism group, the Association of The Indonesian Tours And Travel Agencies (ASITA).

The new laws are being seen as an answer to the rise of religious conservatism in Indonesia in recent years, where many areas enforce strict Islamic codes. InBali, a predominantly Hindu population has tended to make it appealing to Western tourists.

The new laws caught Winastra and other people by surprise because of the government’s enthusiastic attitude to increase foreign tourist arrivals. Rules and laws that will burden tourists and the industry have now been put in place.

Bali’s Criminal Code: “Amendment” to the “Death of an Unmitited Disaster for Human Rights in Indonesia”

The Indonesian government and tourism industry were expecting a revival in revenue because of the swine flu.

Earlier this year, the World Travel & Tourism Council , a global industry body, forecast annual growth of 10% for Indonesia’s travel industry over the next 10 years, predicting the sector would contribute nearly $118 billion dollars to the country’s GDP while creating more than 500,000 jobs each year for the next decade.

Local guide Ken Katut told CNN Travel that he believed things were “progressing in the right direction” in the tourism industry after G20 leaders held a summit in Bali in November.

When Indonesia passed controversial amendments to its criminal code earlier this month, sex outside of marriage was the focus of attention.

Rights groups have noted how the laws will disproportionately affect women and members of the gay community , and added that they could “provide an avenue for selective enforcement.”

“Asking couples whether they are married or not is a very private area and it will be an impossible task to do,” said Ida Bagus Purwa Sidemen, Executive Director of the Indonesian Hotel & Restaurant Association (PHRI).

The Indonesian government will review laws after public backlash, says Sidemen. “We just can’t be asking every couple about their legal marital statuses. He said it will create a lot of problems.

It is possible millions of people will be subject to criminal prosecution under this deeply flawed law. Its passage is the beginning of an unmitigated disaster for human rights in Indonesia.”

It’s business as usual in Indonesia, he said. “We look forward to welcoming visitors with our Balinese hospitality and advise all parties not to deliver misleading statements regarding the Indonesian criminal code that might disrupt Bali tourism,” he added.

His words followed a clarification from the government that said foreigners don’t have to worry about persecution by the law. He said that the people’s privacy is still guaranteed by the law.

The new Criminal Code has never provided an administrative requirement to ask about a spouse’s status in the tourism sector.

The Indonesian Constitution Reforms: How Religious Extremists Can Get Their Lies in Public Prosecutive Governments and the Laws of Fundamental Integrity

Indonesia has been considered a pluralistic democracy for decades because of its size and diversity, according to Rebekah Moore, a professor at Northeastern University.

Many groups like activists, journalists, religious minorities and members of the queer community are still at risk and will be harmed by this new code, Moore added.

The provisions could affect how Indonesians exercise their freedom of expression. I’m gravely concerned for queer and activist friends and others, because I observed what happens when extremists in Indonesia are given an easy ride by political and media mainstream.

Tourism figures warned it would put foreigners off visiting and hurt Indonesia’s global reputation – no small matters in a country that welcomed up to 15 million international travelers annually before the pandemic and recently held the G20 presidency for the first time in its history.

The new code also criminalizes cohabitation between unmarried couples and promoting contraception to minors, and enshrines laws against abortion (except in cases of rape and medical emergencies when the fetus is less than 12 weeks) and blasphemy.

“In one fell swoop, Indonesia’s human rights situation has taken a drastic turn for the worse,” said Andreas Harsono, senior Indonesia researcher at Human Rights Watch.

The new code is a reflection on the influence of conservative Islam in politics of the third largest democracy in the world.

About 230 million of the 270 million people who call this vast and diverse archipelago nation home are Muslim, though there are also sizable Christian and Hindu minorities and the country prides itself on a state ideology known as “Pancasila,” which stresses inclusivity.

The new constitution guarantees freedom of religion and a secular government, but criminal law is based on a secular code introduced by the former Dutch power, though the province of acetoneh implementsSharia law.

Since the ousting of the former dictator Suharto, conservative forms of Islam have become more powerful at the ballot box.

In the most recent general election, in 2019, President Joko Widodo controversially picked an elderly Islamic cleric – Ma’ruf Amin – as his running mate in a move that was widely seen as a move to secure more Muslim votes.

When the appointment of Ma’ruf was announced, it raised eyebrows among those who supported Widodo, but it helped eliminate the challenge from the former military general Prabowo Subianto. Some of those groups had already demonstrated their clout by leading mass protests that led to the toppling of the Jakarta governor, Basuki Tjahaja Purnama, on a blasphemy charge.

Propagation of civil liberties in a secularized political system: the case against the new code of conduct for the judiciary in Indonesia

Indonesian officials said that the new code needed to reflect a broad spread of interests in the country.

While the new code has the approval of many conservatives, critics claim it is a step backwards for civil liberties in a democracy still in its infancy.

Indonesia spent decades under strong-man rule after it gained independence from the Dutch in the 1940s, and then under Suharto’s dictatorship after he took power. After Suharto was deposed in 1998 it entered a period of reformation in which civilian rule, freedom of speech and a more liberal political environment were embraced.

The code of conduct relating to insulting the president or the state ideology could potentially be used to abuse officials to extort bribes, harass political opponents, and even jail journalists who are critical of the government.

Abuza is a professor at theNational War College and he says that it’s never a good thing when a state tries to legislate morality. The new code gives the state powerful tools to punish ideological and political offenses, which threatens civil liberties.

One political blogger, who asked not to be identified for fear of persecution under the new laws, told CNN that he expected online surveillance and censorship by the authorities to increase.

At the same time, there are those who question whether lawmakers have made the mistake of listening only to the loudest voices in an attempt to pick up votes.

He pointed to a 2022 national survey commissioned by the institute that found most respondents considered themselves moderate and supported the idea of a secular state – even though more than half of them also felt it was important to elect a Muslim leader.

“It may mean that the current slate of elected politicians are conservative but more likely that they are responding to pressure from some powerful conservative lobby groups,” he said.