Sexual Conduct Law – Indonesia
National criminal code + Aceh’s Sharia (Qanun Jinayat). Includes punishments, who can file complaints, and enforcement notes.
Headline: Indonesia criminalizes adultery and cohabitation outside marriage nationally on a complaint basis by family. In Aceh, Sharia criminal law adds public caning for zina (adultery/fornication), khalwat (seclusion with a non‑mahram), and certain same‑sex acts. Foreigners in Aceh can be punished under these bylaws.
At a glance: Offences & punishments
| Conduct | National KUHP (Criminal Code) | Aceh (Qanun Jinayat) | Notes |
|---|---|---|---|
| Adultery / Zina | Up to ~1 year imprisonment; requires complaint by spouse/parent/child to prosecute. | Up to 100 strokes caning, possible fine/prison; public execution of caning. | Applies to Muslims; non‑Muslims may be tried if they opt in or if involved with a Muslim in certain cases. |
| Cohabitation (unmarried) | Up to ~6 months imprisonment; complaint-based by family. | Often pursued as khalwat or ikhtilat; caning up to ~30–45 strokes (offence-dependent). | Hotels/boarding houses may be checked for guest identity & marriage status in conservative areas. |
| Khalwat (seclusion with non‑mahram) | Not specifically defined; could fall under public order/morality provisions in raids. | Up to ~30 strokes caning; fines possible. | Enforced by Wilayatul Hisbah (Sharia police) in Aceh. |
| Same‑sex sexual acts (consensual adults) | No explicit national prohibition (outside child protection/obscenity); local decency laws sometimes used. | Punishable (caning up to 100 strokes) under Qanun. | Arrests in Aceh have been reported via raids on private spaces. |
| Public displays of affection / indecency | Can be charged under public order/decency provisions; fines or brief detention. | Actionable under Sharia decency provisions; caning possible depending on facts. | Enforcement varies by locale; tourist zones more lenient than conservative towns. |
| Sex work (buying/selling) | Prohibited under anti‑prostitution and public order rules; brothel/vice laws applied. | Prohibited; caning and/or fines/prison. | Frequent vice raids; foreigners can be detained, fined, deported. |
| Pornography (possession/production) | Criminalized; penalties vary (fines/prison). Electronic distribution policed. | Prohibited under Sharia and national law concurrently. | Phones/laptops may be checked during targeted raids or investigations. |
Indicative ranges; actual sentencing depends on facts, judicial discretion, and evolving regulations. Public caning remains in use in Aceh as of 2025.
National framework (KUHP – revised 2022)
Indonesia’s revised Criminal Code (Kitab Undang‑Undang Hukum Pidana, “KUHP”) was passed in December 2022 with staged entry into force (full nationwide implementation by the government’s schedule). Key points relevant to sexual conduct include:
- Adultery: criminal offence but prosecution requires a complaint by a spouse, parent, or child. Without a family complaint, police/prosecutors typically cannot proceed.
- Cohabitation outside marriage: similarly complaint‑based; short custodial penalties or fines possible.
- Same‑sex relations: not expressly criminalized nationally for consenting adults, though other laws (obscenity, public order, child protection, ITE/online decency) can be used.
“Certain morality offences are delik aduan (complaint offences): cases proceed only upon a report by specified family members.” — KUHP explanatory notes (paraphrase)
Outside Aceh, adultery/cohabitation cases are irregular and tend to emerge from family disputes or neighborhood complaints; police vice checks sometimes target budget hotels and boarding houses.
Aceh’s Sharia criminal law (Qanun Jinayat)
Under special autonomy, Aceh enforces the Qanun Jinayat (Sharia criminal code). The Sharia police (Wilayatul Hisbah) conduct checks and investigations. Punishments include public caning outside mosques, fines denominated as gold‑value (dirham) equivalents, and/or imprisonment.
Core offences
- Zina (adultery/fornication): up to 100 lashes; possible prison/fine.
- Khalwat (seclusion with a non‑mahram): up to ~30 lashes.
- Same‑sex acts: up to 100 lashes.
- Ikhtilat (improper mixing) & public indecency: caning/fines depending on facts.
Who is covered
- Applies to Muslims in Aceh.
- Non‑Muslims may be prosecuted when involved with a Muslim in certain offences or may be tried under national law; in practice, foreigners have been subjected to Sharia penalties when implicated.
How caning works
- Executed publicly by trained officers; number of strokes set by court.
- The aim is deterrence and community moral signaling.
- Events are sometimes filmed/posted by local media.
“Public caning continues despite international criticism; local authorities defend it as reflecting Acehnese community standards.” — Human rights reporting (2023–2025, paraphrase)
Procedure & enforcement notes
- Complaint offences (national): Police typically need a qualifying family complaint to open adultery/cohabitation cases.
- Raids & checks: In many cities, especially conservative areas, police and local officials conduct checks on kost (boarding houses) and budget hotels for ID/marital status.
- Evidence: Admissions, witness statements, digital messages, and on‑site observations are common; in Aceh, khalwat findings can escalate to zina charges after further inquiry.
- Foreigners: May face detention, fines, deportation, or (in Aceh) caning/fines if convicted under Qanun.
Older practices still visible today
Across Indonesia, customary law (adat) historically addressed sexual transgressions with public shaming, banishment, or compelled marriage/compensation. While most regions now rely on state law, Aceh’s public caning remains a present‑day corporal punishment rooted in religious‑legal tradition and local regulation.
Practical cautions
- Assume strict rules in Aceh; avoid situations that could be construed as khalwat/zina.
- Carry ID; know that hotel policies may require proof of marriage for mixed‑gender stays.
- Be mindful of digital content on devices (pornography laws).
- Remember that consent is necessary but not sufficient to avoid legal risk where morality laws apply.
Selected quotations (short)
“Certain morality crimes are delik aduan: only prosecutable upon a family member’s complaint.” — KUHP explanatory notes (paraphrase)
“Caning in Aceh is conducted in public and intended as a deterrent to moral offences.” — Aceh Qanun practice summaries (paraphrase)
References
- Amnesty International. (2022). Indonesia: Revised criminal code and the criminalization of consensual sex.
- Bowen, J. R. (2003). Islam, law, and equality in Indonesia: An anthropology of public reasoning. Cambridge University Press.
- Feener, R. M. (2013). Shari‘a and social engineering: The implementation of Islamic law in contemporary Aceh. Oxford University Press.
- Government of Indonesia. (2022). Kitab Undang‑Undang Hukum Pidana (Revised KUHP).
- Human Rights Watch. (2023). Indonesia: End public flogging in Aceh.
- ICJR (Institute for Criminal Justice Reform). (2023–2024). Policy briefs on KUHP complaint‑based morality offences.
- Qanun Aceh No. 6/2014. (2014). Qanun Jinayat (Aceh Sharia Criminal Code).
- UN OHCHR. (2024). Observations on corporal punishment and morality provisions in Aceh.
Citations are provided for orientation; consult the official KUHP text and Qanun Aceh for authoritative wording and article numbers.