By: Bimo Ariyan Beeran )*
When the Criminal Code was passed, there was concern from businesses in the tourism sector, because there was an adultery article which prohibited 2 people living in 1 place without marriage. The reality is not like that because the Indonesian tourism world is doing well. Foreign tourists continue to travel to this country and they are not afraid of the adultery article in the Criminal Code, because it is a complaint offense.
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The Criminal Code is a product of original Indonesian law and there are many articles that have been added to it. One of them is the article on adultery. In this article it is strictly forbidden to have rape and adultery, where 2 people who do not have official marriage ties (by the state) are prohibited from living in the same house. The penalty is 1 year in prison.
The adultery article is one of the popular Criminal Code articles because there are parties who are afraid of the effects of it, including business actors in the tourism sector. When the majority of customers are foreign tourists (who are not necessarily in a marriage relationship) but only book 1 room at a hotel, they will be afraid of being hit by this article. Even though they are the source of income from the business.
The Minister of Tourism and Creative Economy Sandiaga Uno stated that the public did not need to worry about the Criminal Code which intersects with the tourism sector. The government ensures that the Criminal Code Law that has been passed will not bring disruption or negative impact to the tourism sector and the creative economy in Indonesia.
Minister Sandiaga continued, in fact the Criminal Code was in accordance with President Jokowi’s recommendations to carry out legal reforms. The Criminal Code can benefit all parties, both tourists and entrepreneurs around tourist sites. Therefore the government can attract foreign tourists and investors. The Criminal Code will not interfere with tourists who are going on holiday in Indonesia.
In a sense, entrepreneurs in the tourism sector will not be afraid that their business will be quiet because the Criminal Code has been officially ratified. The reason is because the Criminal Code is a complaint offense. Where a new suspect can be reported and punished if someone reports it. For example, parents or legal partners. However, if a foreign tourist comes with his girlfriend, then he will not be subject to the adultery article in the Criminal Code, because no one has reported it.
Foreign tourists don’t have to worry about the adultery article in the new Criminal Code. He welcomes tourists to come to Indonesia, because they will not be affected by the article. This article is a complaint offense and only applies when a tourist’s parents or children report it.
In a sense, foreign tourists are guaranteed not to be subject to the adultery article in the Criminal Code because it is a complaint offense. In Indonesia, no one reports them. First, they were traveling and did not know Indonesians at all. Second, those who have the right to report are parents or children. While the position is far away because they are not on vacation together.
The culture and situation of tourists abroad are very different from those in Indonesia. There it is common to live freely without marriage ties. If there is a couple who vacations together, their parents will not make a problem. They will not report criminal offenses in Indonesia with the Criminal Code adultery article.
Meanwhile, Acting Director General of Immigration, Ministry of Law and Human Rights, Widodo Tjahjana, stated that the arrival of foreign tourists to Indonesia had actually increased. They entered either by sea, air or land. The number of arrivals from 6 to 9 December 2022 has increased significantly.
According to Widodo, there is no connection between the ratification of the Criminal Code and the arrival of foreign tourists and foreign investors. There were 93,444 foreign nationals who entered Indonesia during 6-9 December 2022 (after the Criminal Code was ratified).
This statement proves that the ratification of the Criminal Code does not affect foreign tourist visits to Indonesia. They are not afraid of the adultery article in the Criminal Code. However, he continued his year-end holidays in Bali and other areas in Indonesia.
So it is a big mistake if someone accuses that the Criminal Code will bring setbacks to the world of tourism in this country. The accusing party only had negative thoughts and raised articles in the Criminal Code which, according to him, were full of controversy. Even though the application of the Criminal Code cannot be arbitrary and if there is sweeping of foreign tourists, it will even violate the law.
When there is a guarantee from Minister Sandiaga Uno, entrepreneurs in the tourism sector will not worry. Because the Criminal Code will not have a negative impact on tourism in Indonesia. Visits from foreign tourists will remain a lot. Especially at the end of the year, when they will party on the beaches in Bali.
Ratification of the Criminal Code will not have a negative impact on the world of tourism in Indonesia. The reason is because the adultery article in the Criminal Code is a complaint offense and parents must report it, then they can be punished. Foreign tourists who bring their partners will be allowed to come to Indonesia because they will not be subject to articles in the Criminal Code.
)* The author is a contributor to Nusantara Reading Room