Law/Regulation About Prostitution ?

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    • May 2022
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    Law/Regulation About Prostitution ?

  • marcus
    • Jul 2008
    • 9175

    Title : Online sex workers and service users are not be criminals, why ?
    By : Bima Setiyadi , Oct 2021

    Poster's Note : Below is a free translation of the original article , may contain errors

    [The practice of online prostitution in the midst of the Covid-19 pandemic is increasingly rampant. Online sex workers or online open booking's women (BO) continue to spread charm through social media networks in order to attract philanderers. The prostitution business is also getting more massive because sex workers and their service users cannot be punished, why?

    Clinical and Forensic Psychologist Kasandra Putranto explained that online prostitution has so far been managed by someone with the customer.
    In the Indonesian Criminal Law, the issue of prostitution is regulated in only one Article, namely Article 298 of the Criminal Law (KUHP). This Article prohibits anyone who makes a livelihood or habit and takes advantage of obscene activities with a maximum penalty of 1 year and 4 months.
    This Article is interpreted by Indonesian Criminal Law experts as an Article that threatens to punish pimps or brothels' owners and or prostitutes' managers . "An act of prostitution between a prostitute and her/his customer is not a crime according to the Indonesian Criminal Law, so any form of prostitution that is managed by a person and her/his customer cannot be categorized as an offense that is punishable, including online prostitution which she/he manages herself/himself with the customer," Kasandra said, Thursday (14/10/2021).

    Kasandra revealed that the Electronic Information and Transactions Law (ITE), namely Law No. 11 of 2008 also does not provide criminal threats for an online prostitution act managed by prostitutes. Article 27 paragraph 1 of the ITE Law provides threats only to acts that distribute, transmit, or make accessible electronic information that violates decency. Electronic information that violates decency according to the interpretation of criminal laws' specialists includes images, videos, conversations, animations, sketches containing obscene content, intercourse, sexual violence, and genitals. "The object of this indecency must also be disseminated to the public through electronic media (email, social media, or short message services). Referring to the provisions of the ITE Law, if the act carried out contains a message to prostitute herself but is not disseminated to the public, it does not meet the elements of Article 27 paragraph 1 of the ITE Law," explained Kasandra.

    Then what about online sex customers? Kasandra assessed that the Criminal Law does not question customers who buy sex in a prostitution activity. This shows that being a client in a prostitution activity is not an offense or an unlawful act, unless what is being bought is sex with children who are not yet 18 years old. If you have sex with a minor, then this act can be threatened with the Child Protection Laws (UU No 23 of 2002 and Law No. 35 of 2014).

    Likewise, if the buyer of sex is a man or a woman who is married, then he/she can be subject to an adultery offense as regulated in Article 284 of the Criminal Law with a maximum penalty of 9 months. However, this adultery offense is a complaint offense so there must be a complaint from a legitimate partner, namely the husband or wife of the adulteress. If there is no complaint, then the sex buyer cannot be said to have committed a crime as regulated in Article 284 of the Criminal Code.

    Thus, sex buyers cannot be punished if they do not meet the qualifications mentioned above, as well as online sex workers cannot be convicted... "In the context of online prostitution, if the sex worker is not a pimp or a person who benefits from a prostitution activity, then of course her/his actions cannot be declared as an offense or a criminal act. Neither the Criminal Law nor the ITE Law can punish her/him," Kasandra said.]


    • marcus
      • Jul 2008
      • 9175

      Title : Rule about prostitutes' clients
      By : Sovia Hasanah , SH (Sarjana Hukum/Bachelor of Law.), Nov 2018

      [...In the provisions of the Criminal Law (KUHP), there is no Article that can be used to penalize prostitute's client or the prostitute herself/himself ... (if adultery is not the case) .
      However, in some regional regulations there is criminal sanction for prostitutes , their clients and others involved .

      An example is Article 42 paragraph (2) of DKI Jakarta Provincial Regulation Number 8 of 2007 concerning Public Order , which states :

      Everyone is prohibited of:
      a. ordering, facilitating, persuading, or forcing other people to become commercial sex workers;
      b. becoming a commercial sex worker; or

      c. using the services of commercial sex workers.

      People who violate this provision are subject to a minimum imprisonment of 20 days and a maximum of 90 days or a minimum fine of Rp.500 thousand and a maximum of Rp.30 million...]