Current Version
| Region | Banten |
| Issue | Homosexual activity |
| Status | Ambiguous |
| Start Date | Jan 2, 2026 |
| End Date | (none) |
| Description | As of January 2nd, 2026, the new Indonesian Penal Code came into force. Article 411 criminalises any sexual activity outside marriage under a 1 year imprisonment penalty. Prosecution may only be initiated after a complaint filed by the accused's parents, children, or spouse. The original translations only make it a crime for these types of complaint-based offense laws, and only specify heterosexual couples as being eligible for prosecution according to Articles 411 & 412 of the new Indonesian criminal code. The following are affected under Article 411 & Article 412: Paragraph (1) “not their husband or wife" means: a. a man who is in a marriage bond has sexual intercourse with a woman who is not his wife; b. a woman who is in a marriage bond has sexual intercourse with a man who is not her husband; c. a man who is not in a marriage bond has sexual intercourse with a woman, even though it is known that the woman is in a marriage bond; d. a woman who is not in a marriage bond has sexual intercourse with a man, even though it is known that the man is in a marriage bond; or e. a man and a woman who are not bound by marriage have sexual intercourse. The explanation for Article 412 further stated that it is only applicable to heterosexual couples whose closest family members have consented to report them to the legal authorities. However, several International NGOs like Human Rights Watch have worried about the far-reaching implications of the new criminal code to LGBTQ people, even if same-sex sexual activity itself isn't explicitly criminalized in the new criminal code. |
| Sources | https://www.bbc.com/news/world-asia-63869078 https://thenightly.com.au/world/smartraveller-australian-tourists-warned-they-could-be-jailed-for-sex-outside-marriage-in-indonesia-c-21188322 https://www.reuters.com/world/asia-pacific/indonesias-new-criminal-code-requires-public-oversight-minister-says-2025-12-31/ https://www.hrw.org/news/2022/12/08/indonesia-new-criminal-code-disastrous-rights https://the-world-is-watching.org/wp-content/uploads/2023/02/2023-Indonesia-Penal-Code.pdf |
Revision History (1)
created by palmtoptiger81
Helpful?
0 | Original entry | |
|---|---|
| Status | Ambiguous |
| Start Date | Jan 2, 2026 |
| End Date | (none) |
| Description | As of January 2nd, 2026, the new Indonesian Penal Code came into force. Article 411 criminalises any sexual activity outside marriage under a 1 year imprisonment penalty. Prosecution may only be initiated after a complaint filed by the accused's parents, children, or spouse. The original translations only make it a crime for these types of complaint-based offense laws, and only specify heterosexual couples as being eligible for prosecution according to Articles 411 & 412 of the new Indonesian criminal code. The following are affected under Article 411 & Article 412: Paragraph (1) “not their husband or wife" means: a. a man who is in a marriage bond has sexual intercourse with a woman who is not his wife; b. a woman who is in a marriage bond has sexual intercourse with a man who is not her husband; c. a man who is not in a marriage bond has sexual intercourse with a woman, even though it is known that the woman is in a marriage bond; d. a woman who is not in a marriage bond has sexual intercourse with a man, even though it is known that the man is in a marriage bond; or e. a man and a woman who are not bound by marriage have sexual intercourse. The explanation for Article 412 further stated that it is only applicable to heterosexual couples whose closest family members have consented to report them to the legal authorities. However, several International NGOs like Human Rights Watch have worried about the far-reaching implications of the new criminal code to LGBTQ people, even if same-sex sexual activity itself isn't explicitly criminalized in the new criminal code. |
| Sources | https://www.bbc.com/news/world-asia-63869078 https://thenightly.com.au/world/smartraveller-australian-tourists-warned-they-could-be-jailed-for-sex-outside-marriage-in-indonesia-c-21188322 https://www.reuters.com/world/asia-pacific/indonesias-new-criminal-code-requires-public-oversight-minister-says-2025-12-31/ https://www.hrw.org/news/2022/12/08/indonesia-new-criminal-code-disastrous-rights https://the-world-is-watching.org/wp-content/uploads/2023/02/2023-Indonesia-Penal-Code.pdf |