Extramarital relationships in Indonesia: where the legal line Is drawn
At the beginning of 2026, amendments to Indonesia’s criminal law came into force, drawing significant attention from expats and tourists.
These changes relate to extramarital relationships and cohabitation without official marriage. In practice, this means that behaviors many people consider normal may now fall within the scope of criminal law under certain conditions.
What Has Changed
The updated Criminal Code introduces provisions that establish liability for intimate relationships outside of marriage as well as for living together without formal registration. Depending on the circumstances, the maximum penalties may include imprisonment or fines.
At the same time, it is important to understand that these rules are not applied automatically and do not imply routine checks or enforcement by authorities.
A key feature of these provisions is that they are complaint-based. This means the police cannot initiate a case on their own. Legal proceedings can only begin if a complaint is filed by a limited group of individuals — specifically a spouse, parents, or children. Without such a complaint, no case will be opened.
How It Works in Practice
Despite these formal limitations, real risks can arise in situations involving personal conflict.
Family plays a central role in Indonesian culture, and in many cases it is family members who initiate legal action. Disputes following a breakup, pressure from relatives, or financial disagreements can all lead to a formal complaint being filed.
If a complaint is submitted, both individuals involved in the relationship are typically included in the case. The investigation focuses on the existence of the relationship itself, rather than targeting only one party.
It is also important to note that third parties cannot initiate such proceedings, and hotels or villa operators are not required to verify the marital status of their guests.
What This Means for You
In practice, these changes do not mean the introduction of mass enforcement or any kind of “tourist crackdown.”
However, the level of legal risk has clearly increased. In certain situations, personal relationships may no longer be treated as purely private matters — particularly if they affect the interests of family members.
For foreigners, this means taking into account not only the legal framework, but also the cultural context. What was previously seen as a personal choice can now, under specific circumstances, lead to legal consequences.
Key Considerations
In situations like this, early risk assessment becomes especially important.
There is no universal solution, as each case depends on the specific circumstances, the dynamics within the family, and the presence of potential conflict. Ignoring local practices or attempting to handle the situation independently can often make things worse.
If there are any doubts or potential risks, it is advisable to seek legal advice in advance and develop a strategy that takes into account both Indonesian law and how it is applied in practice.
Legal Department Expert, Legal Indonesia
Vitaly Vidrin
