The New Indonesian Cohabitation Law: What Australian-Indonesian Couples Need to Know

Australian man - Wanting to live de facto with your Indonesian partner in Indonesia?

This can get you into trouble!

For Australian-Indonesian couples in a committed relationship, planning a life together can involve more than deciding where to live. Changes to Indonesian criminal law, combined with Australia's complex partner visa requirements, mean that couples considering their future should want to understand their options early.

If you are an Australian citizen or permanent resident in a relationship with an Indonesian partner, and you are considering marriage, living together, or eventually settling in Australia, it's highly advisable to obtain professional advice about an Australian partner visa.

At Down Under Visa, we assist couples in understanding potential Australian migration pathways, including the Subclass 309 Partner visa and Subclass 300 Prospective Marriage visa.

What has changed with Indonesia's cohabitation law?

Indonesia's new Criminal Code, commonly referred to as the KUHP, came into force on 2 January 2026. The new criminal law includes provisions concerning sexual intercourse outside marriage (sorry to be graphic, but it's important!) and living together as husband and wife outside marriage.

The cohabitation provision is in Article 412 of the new Criminal Code. 

For Australian-Indonesian couples, the practical message is straightforward: if you are committed to your relationship and planning your future together, it is sensible to understand the legal and immigration implications before making major decisions about where and how you will live.

What does the Indonesian law mean for unmarried couples?

The new Indonesian cohabitation provision has attracted considerable international attention because of its potential implications for unmarried couples living together in Indonesia.

However, couples should not rely on social media posts or simplified online commentary when making decisions about their relationship or residence.

The application of Indonesian law depends on the circumstances and the precise requirements of the legislation. The fact that a couple is unmarried does not, by itself, mean that they will automatically face criminal proceedings.

Nevertheless, Australian-Indonesian couples who want to establish a long-term life together should consider living in Australia to avoid what may be a timebomb for them.

This is where understanding Australian partner visas for Indonesian partners becomes important.

Subclass 309 Partner visa for Australian-Indonesian couples

The Subclass 309 Partner visa is an offshore Australian partner visa for eligible spouses and de facto partners of Australian citizens, Australian permanent residents, or eligible New Zealand citizens.

According to Australia's Department of Home Affairs, the applicant must be outside Australia when applying. The Subclass 309 is a temporary Partner visa and is the first step toward the permanent Subclass 100 Partner visa.

For an Australian-Indonesian couple who are already married, the Subclass 309 would therefore be a relevant visa pathway to look at.

It would also be suitable to eligible de facto couples. However, Australia's definition of a de facto relationship is very specific, so do not assume that simply living under the same roof or believing yourselves to be a couple is enough. In most circumstances, applicants must have been in the de facto relationship for at least 12 months immediately before applying, with some exceptions.

This is why it is important not to assume that simply being in a long-term romantic relationship automatically qualifies a couple for an Australian Partner visa.

Evidence matters.

Couples may need to demonstrate the genuine nature and development of their relationship through evidence such as shared financial responsibilities, household arrangements, social recognition, communication, travel, significant events and future plans.

What if you are engaged but not yet married?

For Australian-Indonesian couples who are engaged and intend to marry, the Subclass 300 Prospective Marriage visa is a very good option.

The Subclass 300 allows an eligible prospective spouse to travel to Australia to marry their Australian citizen, Australian permanent resident or eligible New Zealand citizen partner.

The visa is temporary and allows the visa holder to stay in Australia for 12 months from the date of visa grant. During that period, the holder can live, work and study in Australia, subject to the visa conditions.

There are specific eligibility requirements. For example, the applicant and prospective spouse must generally have met in person as adults since turning 18 and must be known to each other personally when the application is made. The applicant must also be outside Australia when applying.

After marriage, the couple need to then apply for a simplified (and cheaper) onshore Partner visa, subject to meeting the requirements at that time.

Subclass 309 or Subclass 300 — which pathway applies?

There is no single Australian partner visa that is right for every Australian-Indonesian couple.

The right pathway can depend on questions such as:

• Are you already legally married?

• Are you in an eligible de facto relationship?

• How long have you been together?

• Have you lived together?

• Where are you currently living?

• Have you met in person?

• Are you engaged and planning to marry?

• What evidence do you have of your relationship?

• What are your plans for living in Australia?

These details are very important.

That is why Australian partner visa advice for Indonesian couples needs to be based on the individual circumstances of the relationship and not a generic checklist.

Start planning your future together

For Australian-Indonesian couples who are committed to each other and want to build a life together in Australia, immigration planning should be an essential part of the relationship journey.

The introduction of Indonesia's new cohabitation provisions provides another reason for couples to understand their circumstances and consider their long-term options carefully.

If you are an Australian-Indonesian couple considering marriage, living together or moving to Australia, contact Down Under Visa to discuss your circumstances and whether the Subclass 309 Offshore Partner visa or Subclass 300 Prospective Marriage visa are your options.

At Down Under Visa, we understand that a partner visa application is about more than paperwork. It is about helping couples navigate the Australian migration process so they can plan their future together with some clarity.

Ready to explore your Australian partner visa options?

If your Indonesian partner is currently living in Indonesia and you are planning a future together in Australia, don't wait until the last minute to understand your visa options.

Contact Down Under Visa today to discuss your Subclass 309 Partner visa or Subclass 300 Prospective Marriage visa options. Get a Free Visa Eligibility Check today!

General information only. Australian and Indonesian laws and visa requirements can change, and individual circumstances differ. This article is not legal or migration advice. Obtain professional advice about your specific circumstances before making decisions or lodging an application.