Prostitution laws in Indonesia
Indonesia's new Criminal Code (KUHP, Law No. 1 of 2023) took effect on 2 January 2026, replacing the colonial-era code. It does not name prostitution between adults as an offence, but Article 411 punishes any sexual intercourse with a person who is not one's spouse with up to one year's imprisonment, and Article 412 punishes cohabitation; both are prosecuted only on complaint by a spouse, a parent or a child. Facilitating obscene acts by others is punishable with up to two years, a third more when done habitually or for profit (Articles 420–421). The Pornography Law 2008 bans offering or advertising sexual services. Regional bylaws, such as Jakarta's public-order bylaw, prohibit selling and buying sex, and in Aceh zina is punished with 100 lashes.
Legal model
Selling and buying prohibited. Selling sex is an offence (criminal or administrative), whether or not buying is.
The national Criminal Code (KUHP, Law 1/2023, in force 2 January 2026) has no offence of selling or buying sex as such, but punishes all sex outside marriage as zina (Article 411) on complaint by a spouse, parent or child, and punishes facilitating obscene acts. Many regional bylaws ban selling and buying sex outright, and Aceh applies caning for zina under its Qanun Jinayat.[1][2][3]
Regional differences
- Aceh Selling and buying prohibited: Qanun Aceh No. 6 of 2014 on Jinayat law, in force since October 2015, punishes zina with 100 lashes (Article 33(1)) and providing facilities for or promoting zina, including by businesses, with up to 100 lashes, 1,000 grams of gold or 100 months' imprisonment (Article 33(3)). It applies to Muslims, to non-Muslims who submit to it, and to non-Muslims for acts not covered by national criminal law (Article 5).[3]
- DKI Jakarta Selling and buying prohibited: Regional Regulation (Perda) No. 8 of 2007 on public order prohibits being a commercial sex worker, procuring or facilitating others to become one, and using the services of one (Article 42(2)), with penalties in its penal chapter. Other regions have comparable bylaws, which were not reviewed individually.[2]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Varies | National law has no specific offence of selling sex, but sex outside marriage is zina under Article 411 KUHP (up to one year), prosecutable only on complaint by the spouse, a parent or a child. Regional bylaws, for example in Jakarta, prohibit being a commercial sex worker; in Aceh zina is caned.[1][2][3][4] |
| Buying sexual services | Varies | There is no national offence of paying for sex, but the zina offence in Article 411 KUHP applies to both parties on complaint by a spouse, parent or child. Jakarta's bylaw bans using the services of a commercial sex worker, and Aceh's Qanun punishes both parties to zina.[1][2][4] |
| Brothels and managed venues | Illegal Criminal offence | Connecting or facilitating others to commit obscene acts is punishable with up to two years' imprisonment, increased by one third when done habitually or as a livelihood (Articles 420–421 KUHP), which reaches brothel-keeping. Jakarta's bylaw also bans providing buildings for immoral acts.[1][2] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | Facilitating obscene acts by others for profit is punishable under Articles 420–421 KUHP. Moving, placing or handing over a child to others for prostitution carries up to nine years (Article 422); trafficking is covered by the separate anti-trafficking law.[1] |
| Advertising sexual services | Illegal Criminal offence | The Pornography Law prohibits providing pornographic services that offer or advertise sexual services, directly or indirectly, punishable with six months to six years and a fine of IDR 250 million to 3 billion. In Aceh, promoting zina is a separate offence.[3][5] |
The law in detail
Selling sexual services
National law has no specific offence of selling sex, but sex outside marriage is zina under Article 411 KUHP (up to one year), prosecutable only on complaint by the spouse, a parent or a child. Regional bylaws, for example in Jakarta, prohibit being a commercial sex worker; in Aceh zina is caned.[1][2][3][4]
Bali has no separate national regime: the adultery (Article 411) and cohabitation (Article 412) offences apply there as elsewhere. Because only a spouse, parent or child (aged 16 or over) may complain, police cannot open a case on their own; the Law Minister restated this on 5 January 2026, days after the code took effect. Regional public-order bylaws in Bali were not reviewed.
Confidence: medium. The official KUHP text on the government portals could not be fetched; it was read in the Wikisource transcription and checked against the Law Minister's statement reported by ANTARA.
Checked 30 October 2026
Buying sexual services
There is no national offence of paying for sex, but the zina offence in Article 411 KUHP applies to both parties on complaint by a spouse, parent or child. Jakarta's bylaw bans using the services of a commercial sex worker, and Aceh's Qanun punishes both parties to zina.[1][2][4]
Confidence: medium. Official KUHP text read via Wikisource transcription.
Checked 30 October 2026
Brothels and managed venues
Connecting or facilitating others to commit obscene acts is punishable with up to two years' imprisonment, increased by one third when done habitually or as a livelihood (Articles 420–421 KUHP), which reaches brothel-keeping. Jakarta's bylaw also bans providing buildings for immoral acts.[1][2]
Confidence: medium. That Articles 420–421 are applied to brothel-keeping is an inference from their wording; no case law under the new code was reviewed.
Checked 30 October 2026
Third parties profiting (procuring / pimping)
Facilitating obscene acts by others for profit is punishable under Articles 420–421 KUHP. Moving, placing or handing over a child to others for prostitution carries up to nine years (Article 422); trafficking is covered by the separate anti-trafficking law.[1]
Confidence: medium. Official KUHP text read via Wikisource transcription; Law 21/2007 on trafficking was not reviewed.
Checked 30 October 2026
Advertising sexual services
The Pornography Law prohibits providing pornographic services that offer or advertise sexual services, directly or indirectly, punishable with six months to six years and a fine of IDR 250 million to 3 billion. In Aceh, promoting zina is a separate offence.[3][5]
Confidence: medium. Pornography Law read via Wikisource transcription. Liability of websites under the Electronic Information and Transactions Law and its content-moderation rules was not reviewed.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Undang-Undang Republik Indonesia Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana, Buku Kedua Law No. 1 of 2023 on the Criminal Code (KUHP) Pasal 411 · Pasal 412 · Pasal 420–422 · Pasal 624 | Zina and cohabitation offences on complaint; facilitating obscene acts; child prostitution.[1] | 2 January 2026 |
| Undang-Undang Republik Indonesia Nomor 44 Tahun 2008 tentang Pornografi Law No. 44 of 2008 on Pornography Pasal 4(2)(d) · Pasal 30 | Bans offering or advertising sexual services as a pornographic service.[5] | 26 November 2008 |
| Qanun Aceh Nomor 6 Tahun 2014 tentang Hukum Jinayat Aceh Qanun No. 6 of 2014 on Jinayat Law Pasal 5 · Pasal 33 | Caning for zina and for promoting or facilitating it in Aceh.[3] | 23 October 2015 |
Timeline
- 26 November 2008The Pornography Law is enacted, banning services that offer or advertise sexual services.[5]
- 23 October 2015Aceh's Qanun Jinayat takes effect, one year after its promulgation on 23 October 2014.[3]
- 2 January 2023The new Criminal Code (Law 1/2023) is promulgated with a three-year transition period.[1][4]
- 2 January 2026The new Criminal Code enters into force, including the complaint-based offences of adultery and cohabitation.[1][4]
Sources
- Undang-Undang Republik Indonesia Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana, Buku Kedua (Law No. 1 of 2023 on the Criminal Code, Book Two (transcription)). Wikisource bahasa Indonesia (transcription of Lembaran Negara 2023 No. 1), 2 January 2023. legislation · accessed 30 October 2026
- Peraturan Daerah Provinsi DKI Jakarta Nomor 8 Tahun 2007 tentang Ketertiban Umum (Jakarta Regional Regulation No. 8 of 2007 on Public Order). Pasal.id (text sourced from peraturan.go.id), 2007. legislation · accessed 30 October 2026
- Qanun Aceh Nomor 6 Tahun 2014 tentang Hukum Jinayat (Aceh Qanun No. 6 of 2014 on Jinayat Law). Dinas Syariat Islam Aceh (Government of Aceh), 23 October 2014. legislation · accessed 30 October 2026
- Menkum sebut yang bisa adukan kumpul kebo hanya pasangan sah dan ortu (Law Minister says only spouses and parents can report cohabitation). ANTARA, 5 January 2026. news · accessed 30 October 2026
- Undang-Undang Republik Indonesia Nomor 44 Tahun 2008 tentang Pornografi (Law No. 44 of 2008 on Pornography (transcription)). Wikisource bahasa Indonesia, 26 November 2008. legislation · accessed 30 October 2026