On December 15, the Parliament of Indonesia criminalized sex outside of marriage. The defendants may face criminal charges or prison sentences under the Indonesian Criminal Code (RKUHP).

Article 413, paragraph one reads, “Anyone who has intercourse with someone who is not their husband or wife shall be punished for adultery with a maximum imprisonment of 1 (one) year or a maximum fine of Category II.”

However, tourists are an exception to the new legislation.

The Indonesian Deputy Law and Human Rights Minister Edward Omar Sharif Hiariej reported that both extramarital and cohabitation offenses would only be prosecuted if a spouse, parent, or child reported them.

Hence, Real Research launched a survey on public opinion on Indonesia penalizing premarital and extramarital sex to gather public perception.

Highlights

  • Nearly 60% (59.88%) are aware of Indonesia to ban sex outside marriage
  • 47.93% say the new criminal code where Indonesia criminalizes sex outside of marriage is in line with Indonesian values
  • 80.63% agree that Indonesia criminalizes sex outside of marriage

Awareness of the New Criminal Code

Our first poll asked the respondents if they were aware of the new Indonesian criminal code where Indonesia criminalizes sex outside of marriage. 59.88% stated yes, 27.21 stated the same but to some extent, and 12.91% said no.

In addition, 80.63% agree with the new law, 11.5% disagree, and 7.88% remain unsure.

Furthermore, when asked about the stance on penalizing premarital sex, similar results were found. Results reveal that 28.13% support the law applying to locals and foreigners, and 24.05% support it but say it should only apply to locals.

24.93% opposed the law entirely to both parties, and 22.89% remained uncertain.

Respondents-stance-on-the-parties-included
Figure 1: Respondents’ stance on the parties included in the new code

According to the new code, a complaint should be filed by the husband or wife of the perpetrator of adultery or parents of children not bound by marriage. When surveyees were asked about their opinions, results showed that 24.37% said anybody should be able to file a complaint, and 27.9% said only the husband or the wife of the perpetrator of adultery should be able to file a complaint.

Additionally, 21.79% say any relatives of the perpetrator should be able to file a complaint, and 25.94% remained neutral.

Moreover, when the Parliament of Indonesia criminalizes sex outside of marriage, the nation’s deputy minister commented:

“We’re proud to have a criminal code that is in line with Indonesian values.”

Likewise, our poll asked the respondents for their opinion on this.

47.93% said the new criminal code where Indonesia criminalizes sex outside of marriage is in line with Indonesian values, 29.59% said the opposite, and 22.48% remained unsure.

Would the New Codes Spark Opposition?

Recalling back when the society of Indonesia attempted the same legislation but failed as thousands of protests across the country rose. We asked our respondents if it would be successful this time.

51.77% say definitely, 30.03% say probably, 1.28% say definitely not, and 6.3% say probably not.

Respondents-on-the-success-rate-of-the-new
Figure 2: Respondents on the success rate of the new code

Respondents’ Stance on the New Criminal Codes

Respondents-on-premarital-and-extramarital-sex
Figure 3: Respondents on premarital and extramarital sex

51.26% of respondents support penalizing premarital sex, and 48.74% are against it.

Lastly, 64.83% support penalizing extramarital sex, and 35.17% are against it.

Methodology

 
Survey TitlePublic Opinion on Indonesia Penalizing Premarital and Extramarital Sex
DurationDecember 7 – December 14, 2022
Number of Participants20,000
DemographicsMales and females, aged 21 to 99
Participating Countries Afghanistan, Algeria, Angola, Argentina, Armenia, Australia, Azerbaijan, Bahrain, Bangladesh, Belarus, Benin, Bolivia, Brazil, Brunei, Bulgaria, Burkina Faso, Cambodia, Cameroon, Canada, Chile, China, China (Hong Kong) China (Macao), China (Taiwan), Colombia, Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, El Salvador, Ethiopia, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Greanada, Guatemala, Honduras, Hungary, India, Indonesia, Iraq, Ireland, Israel, Italy, Ivory Coast, Japan, Jordan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Libya, Lithuania, Malaysia, Maldives, Maluritania, Mexico, Moldova, Mongolia, Morocco, Mozambique, Myanmar [Burma], Namibia, Nepal, Nicaragua, Nigeria, Oman, Pakistan, Palestine, Panama, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russia, Saudi Arabia, Serbia, Sierra Leone, Singapore, Slovakia, South Africa, South Korea, Spain, Sri Lanka, Tanzania, Thailand, Togo, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Vietnam, Yemen, Zimbabwe.