Criminal Policy on Prostitution and the Legal Position of Sex Workers in Indonesian Criminal Law Reform

Abstract

This article examines how Indonesian law regulates parties involved in prostitution, the need for statutory harmonisation, and the relationship between penal and non-penal policy. It uses doctrinal legal research through statutory and conceptual analysis, supplemented by a limited comparison with Sweden’s approach to purchaser liability. The findings show that facilitation, extramarital intercourse, trafficking, sexual exploitation, and pornography are governed by offences with different elements and protective purposes. Legal responsibility therefore depends on conduct and statutory requirements, while victim status requires separate assessment. The National Criminal Code and the 2026 Penal Adjustment Law also require careful distinction between historical and current provisions. Sweden illustrates a policy that criminalises purchasing sexual acts without criminalising their sale under the same provision. This comparison informs legislative options but does not establish that purchaser criminalisation would achieve the same outcomes in Indonesia. Any proposed offence should address a defined harm, specify fault and evidentiary requirements, avoid unnecessary overlap, and protect access to assistance. Enforcement should be integrated with social support, economic opportunities, education, digital literacy, and coordinated services. The article concludes that reform should pursue legal certainty and prevention of exploitation through differentiated responsibility and proportionate measures.