National Sexual Rights Law and Policy Database

Indonesia

List of countries

Select a topic:

Adult sex work edit topic

Evaluation code: Issue determined/differs at a subnational level

Topic tags:

  • Customary and Religious Laws

Which approach is taken?edit question

Issue determined/differs at a subnational level

Indonesia does not have a national law criminalizing the sex industry. However, many officials interpret laws to apply to sex work, including the laws regarding crimes against decency (Penal Code Article 277), facilitating acts of obscenity by others as a livelihood (Article 296), trade in women (Article 297), a vagrancy offense (Article 505) and living on the earnings of a female sex worker (Article 506).

In practice the sex industry is governed by a range of sub-national, local laws, regulations and by-laws and therefore varies by province. In many Indonesian provinces, sex work may be legally conducted in designated areas known as lokalisasi, which are managed under local government regulations. Other districts have passed regulations making all forms of sex work illegal or apply Sharia law (e.g. Aceh Province).

Indonesian Penal Code

Article 277: (1) Any person who by an act with deliberate intent obscures the descent of another person, shall, being guilty of obscuration of state, be punished by a maximum imprisonment of six years.

Article 296: Any person who makes an occupation or a habit of intentionally causing or facilitating any obscene act by others with third parties, shall be punished by a maximum imprisonment of one year and four months or a maximum find of one thousand rupiahs.

Article 297: Trade in women and minors of the male sex shall be punished by maximum imprisonment of six years.

Article 505: (1) Any person who roams without means of subsistence shall, being guilty of vagrancy, be punished by a maximum light imprisonment of three months.

Article 506: Any person who as souteneur takes advantage of the prostitution of a roman, shall be punished by a maximum light imprisonment of one year.

Examples of provincial laws:

  • Tangerang City Perda No 8 of 2005 on Prostitution. Prohibits any person whose attitude or behaviour is ‘suspicious, making him or her appear to be a prostitute’ from being on a road, hotel, or ‘other places’ in the city (art 4(1)). Also prohibits persons from working as prostitutes or running brothels (art 2(1) and (2)).
  • Regional Law, Art. 1 on prostitution in Indramayu District states that “Prostitution is an action in which a woman submits herself to intercourse with the opposite sex and receives payment in the form of money or otherwise.”
  • The Anti-prostitution By-Law 2004 of Palembang
  • Bantul Regional Regulation No. 5, 2007 Regarding Prostitution
  • DKI Jakarta Regional Regulation No. 8, 2007 Regarding Public Order

If partial/total criminalization or an other punitive regulation, which acts are criminalized? How severe is the punishment?edit question

Varies by province. See above.

If not criminalized, is there regulation?edit question

In many Indonesian provinces, sex work may be legally conducted in designated areas known as lokalisasi, which are managed under local government regulations. Targeted health promotion activities occur at many lokalisasi and regular sexually transmitted infections testing may be required by local regulations, municipal by-laws or rules of the lokalisasi. Some provinces have also implemented a 100% condom use program and several provinces have introduced licensing or registration of brothels, businesses where sex work occurs, or individual sex workers. There are laws to prevent women living with HIV from selling sex or requiring them to disclose their HIV status to clients. (UNAIDS, UNFPA & UNDP, Sex Work and the Law in Asia and the Pacific, 2012)

Tolerated brothels are in decline with one of the most well known lokalisasis, the Dolly, having been closed by police in 2013. (Sexuality, Poverty and Law Programme, Sex work law map, Indonesia)

Could customary and/or religious law apply?edit question

CRL applies.

In Aceh, the Provincial Legislature incorporated sharia offences into the criminal law through a qanun (regulation) enacted in 2009. The Qanun Jinayah prohibits being alone with someone of the opposite sex to whom you are not married or related (khalwat) and adultery (zina). (UNAIDS, UNFPA & UNDP, Sex Work and the Law in Asia and the Pacific, 2012)

Adultery edit topic

Evaluation code: Yes

Topic tags:

  • Customary and Religious Laws

Is adultery a criminal offense?edit question

Yes.

The Penal COde criminalises adultery but it is rarely used to prosecute people for adultery. Provincial levels public order laws or the Law No. 44/2008 on Pornography are more commonly used. (Source: Validator)

Indonesian Penal Code Art. 284:

(1) By a maximum imprisonment of nine months shall be punished: 1. a. any married man who knowing that Article 27 of the Civil Code is applicable to him, commits adultery; b. any married woman who commits adultery; 2. a. any man who takes a direct part in the act knowing that the guilty co-partner is married; b. any unmarried woman who takes a direct part in the act knowing that the guilty co- partner is married and that Article 27 of the Civil Code is applicable to him.

(2) No prosecution shall be instituted unless by complaint of the insulted spouse, followed, if to the spouse Article 27 of the Civil Code is applicable, within the time of three months by a demand for divorce or severance from board and bed on the ground of the same act.

At the provincial level, there has been a lot of regulation of adultery under the “Local Regulation for Public Order and the “Local Regulation on Restriction of Indecent Behavior.” These regulations are very loosely interpreted and have been used to criminalize adultery, especially targeted at people using hotel rooms during the month of Ramadan. (The Jakarta Global, Tangerang Hotel Raid Targets Unmarried Couples, 8 September 2009).

What is the burden of proof?edit question

No information.

How severe is the punishment?edit question

Up to nine months in prison.

Could customary and/or religious law apply?edit question

CRL applies.

While Indonesia is a Muslim country, Aceh is the only Indonesian province that applies Sharia law to its population. Under Sharia law, consensual sexual relations outside of marriage (premarital or extra-marital sex) may attract penalties for the offence of zina (fornication). (Human Rights Watch, Indonesia: Aceh’s New Islamic Laws Violate Rights, 2 October 2014)

Adultery is punished with 100 cane lashes under the Qanun Jinayah (Islamic Criminal Legal Code) and zina is punished with stoning for those who are married. (Human Rights Watch, Indonesia: Aceh’s New Islamic Laws Violate Rights, 2 October 2014)

Evaluation code: 14-15

Topic tags:

  • Reasonable belief that person was of age
  • Marriage
  • Customary and Religious Laws

What is the age of sexual consent?edit question

14-15

Penal Code, Article 287: Any person who out of marriage has carnal knowledge of a woman whom he knows or reasonably should presume that she has not yet reached the age of fifteen years or, if it is not obvious from her age, that she is not yet marriageable, shall be punished by a maximum imprisonment of nine years.

Penal Code, Art. 290: By a maximum imprisonment of seven years shall be punished...

2nd-ly, any person who commits obscene acts with someone who he knows or reasonably should presume that he has not yet reached the age of fifteen years or, if it is not obvious from her age, not yet marriageable;

3rd-ly, any person who seduces someone whom he knows or reasonably should presume that he has not yet reached the age of fifteen years or, if it is not obvious from the age, is not yet marriageable, to commit or tolerate obscene acts or to have carnal knowledge, out of marriage, of a third party.

Are there defenses/exceptions?edit question

Reasonable belief that person was of age and Marriage.

Could customary and/or religious law apply?edit question

CRL applies.

In Aceh Province, Muslim males and females can only have sex after marriage.

Evaluation code: Issue determined/differs at a subnational level

Topic tags:

  • Reasonable belief that person was of age
  • Legally restricted
  • Customary and Religious Laws

What is the age of sexual consent?edit question

Issue determined/differs at a subnational level

In most states in Indonesia, same sex relations are legal but the age of consent is 18.

Indonesian Penal Code, Article 292: Any adult who commits any obscene act with a minor of the same whose minority he knows or reasonably should presume, shall be punished by a maximum imprisonment of five years.

In Aceh Province (for Muslims only) same sex acts are illegal. In the city of Palembang in South Sumatra same-sex relations are criminalized under prostitution activities and punished with jail time and or fines. (Special report: Indonesia - exchanging pluralism for an Islamist state; Kennial Caroline Laia, Rights Activists Lash Out at MUI’s Anti-LGBT Fatwa, The Jakarta Globe, 15 March 2015).

Are there defenses/exceptions?edit question

Reasonable belief that person was of age; and Legally restricted.
See above.

Could customary and/or religious law apply?edit question

CRL applies.

Conscientious Objection edit topic

Evaluation code: No information

Topic tags:

  • Customary and Religious Laws

Is there a law or policy that permits health professionals to conscientiously object to the provision of any sexual and/or reproductive health service? If so, are there referrals or emergency service requirements?edit question

No information.

Where is this provision found?edit question

No information.

What are the grounds for refusal to provide an sexual and reproductive health service?edit question

No information.

Could customary and/or religious law apply?edit question

CRL applies.

Health Law, 2009, Art. 77: “The Government shall be obliged to protect and prevent woman from abortion practice…which is…irresponsible and against religious norms.”

Contraception edit topic

Evaluation code: Not prohibited

Topic tags:

  • Legally restricted

Are any contraceptives prohibited in the country?edit question

Not prohibited.

Health Law, 2009, Art. 73: The Government shall be obliged to guarantee availability of information and safe, quality, and affordable reproductive health service facility for the people including family planning.

Contraceptive pills are also readily available in pharmacies. (Equality Now, Discrimination against Women in Law: A report drawing from the Concluding Observations of the Committee on the Elimination of Discrimination Against Women, On the occasion of the establishment of the United Nations Working Group on Discrimination Against Women in Law and Practice, May 2011)

Are there legal restrictions on contraceptives?edit question

Legally restricted

Contraceptives are only legally accessible for married women with the consent of their husbands.

Indonesia Law on Population and Prosperous Family, Law No. 10 (1992), Article 8(1): Birth control…is performed independently through a procedure which is beneficial and acceptable by husband-wife couple in line with their choice.

Although the government claims that this law is not meant to exclude unmarried females, anecdotal evidence indicates that this exclusion has been interpreted by medical practitioners as a prohibition on the provision of contraceptives to unmarried women. (Amnesty International, Briefing to the UN Committee on the Elimination of Discrimination against Women, 2012).

See the following sections below: Parental consent to oral contraceptives; Parental consent to intrauterine devices; Parental consent to hormonal implants; Parental consent to emergency contraception; Parental consent to sterilization; Spousal consent to oral contraceptives; Spousal consent to intrauterine devices; Spousal consent to hormonal implants; Spousal consent to emergency contraception; Spousal consent to sterilization.

What contraceptives are available? Are there restrictions?edit question

Legal obstacles exist for unmarried women to access contraceptives. Legal entitlement to family planning in Indonesia only applies to married or engaged couples.

Health Law 2009 Articles 72-74 (Indonesia); Indonesia’s Law Concerning Population and Family Development 2009, Article 5 provides that every population member possesses the rights of obtaining information, protection, and assistance to realize reproductive rights according to social ethics and religious norms; This right enjoyed by all citizens is not limited by age. However the duty of the State to provide services is only in respect of married persons or ‘candidate’ (betrothed) husband wife couples (Articles 21-25). 


Law No. 52/2009 on Population and Family Planning, Articles 23-26 mention contraception in the context of marriage for heterosexual couples. Article 28 mentions specifically that information related to contraception can only be given by trained health professionals.

Emergency contraception is available with prescription. However, it is not in the national essential medicine list and there are no standards for its provision at the national or provincial level. As such, emergency contraception is not available in every province. (Dyna E. Syahlul and Lisa H. Amir, Do Indonesian Medical Practitioners approve the availability of emergency contraception over-the-counter? A survey of general practitioners and obstetricians in Jakarta, 5 BMC WOMEN’S HEALTH 3 (2005) [hereinafter Dyna E. Syahlul and Lisa H. Amir, Emergency contraception over-the-counter]. See also, MINISTRY OF HEALTH, PROVINCIAL GOVERNMENT OF WEST NUSA TENGGARA, AND PROVINCIAL GOVERNMENT OF EAST NUSA TENGGARA, MEASURING THE FULFILLMENT OF HUMAN RIGHTS IN MATERNAL AND NEONATAL HEALTH 31 (Nov. 2008).

Sterilization: Legal if married. (Engender Health, Contraceptive Sterilization: Global Issues and Trends, Chapter 4: Law and Policy, 2002)

Could customary and/or religious law apply?edit question

No Customary and religious law / No information

Crimes committed in the name of honour and passion edit topic

Evaluation code: No

Topic tags:

  • Customary and Religious Laws

Does the law provide for a complete defense to or mitigation of sentences for gender-based violence offenses based on honour, passion, provocation, loss of control or other similar factors?edit question

No

There is aggravated sentences for violence committed against a person who is a spouse.

Indonesian Penal Code, Article 356: The punishments laid down in Articles 351, 353, 354 and 355 may be enhanced with one third: 1st, in respect of the offender who commits the crime against his mother, his lawful father, his spouse or his child.

Could customary and/or religious law apply?edit question

No Customary and religious law / No information

Marital rape edit topic

Evaluation code: Yes

Is marital rape criminalized?edit question

Yes.

Marital rape is not criminalized in the Criminal Code but is criminalized by the Domestic Violence Protection Act. Marital rape carries a higher burden of proof and a lower maximum punishment than rape outside of marriage.

Criminal Code of Indonesia (Kitab Undang-undang Hukum Pidana, KUHP), Art. 285. Rape: Any person who by using force or threat of force forces a woman to have sexual intercourse with him out of marriage, shall, being guilty of rape, shall be punished with a maximum imprisonment of twelve years.

Domestic Violence Protection Act No. 23/2004 (UU Perlindungan Kekerasan Dalam Rumah Tangga)

Art. 1§1: Violence in the Household shall be any act against anyone particularly women, bringing about physical, sexual, psychological misery or suffering…

Art. 5: Anyone shall be prohibited to carry out violence in household against an individual within the scope of the household, be means of…(c) sexual violence….

Art. 8: The sexual violence referred to in Article 5 letter c shall include: (a) forcing sexual intercourse carried out against an individual living within the scope of the household.

What is the burden of proof? Is it the same or different from rape outside of marriage?edit question

The burden of proof is higher for marital rape than for rape outside of marriage. The Domestic Violence Law requires women to show two elements of proof that sexual violence occurred, which could include testimony from the victim, the defendant, or an expert. (Domestic Violence Protection Act No. 23/2004 (UU Perlindungan Kekerasan Dalam Rumah Tangga))

How severe is the punishment for marital rape? Is it the same or different from rape outside of marriage?edit question

The punishment for marital rape is less than that of rape outside of marriage. Rape outside of marriage is punished under the Criminal Code with a maximum sentence of twelve years in prison. Marital rape could be punished under the Domestic Violence Act, with a maximum sentence of twelve years in prison or a fine of up to 36 million rupiah.

Criminal Code of Indonesia (Kitab Undang-undang Hukum Pidana, KUHP), Art. 285. Rape: Any person who by using force or threat of force forces a woman to have sexual intercourse with him out of marriage, shall, being guilty of rape, shall be punished with a maximum imprisonment of twelve years.

Domestic Violence Protection Act No. 23/2004 (UU Perlindungan Kekerasan Dalam Rumah Tangga), Art. 46: Anyone committing sexual violence act as referred to in Article e letter a shall be punished with imprisonment of not longer than 12 (twelve) years or fine of not more than Rp36,000,000.00 (thirty-six million rupiah).

Art 53: The sexual violence crime referred to in Article 46 committed by a husband on the wife or vice versa shall constitute offense warranting complaint.

Could customary and/or religious law apply?edit question

No Customary and religious law / No information

In Aceh Province, where the Qanun Jinayah (Islamic Criminal Legal Code) applies, marital rape is legal. In addition, if the victim of rape reports that she had been raped but is unable to provide four male witnesses who saw her being raped, she is criminally liable. The Aceh criminal code also contains provisions that allow Islamic courts to dismiss charges against rape suspects who take sumpah dilaknat Allah (an Islamic oath) asserting their innocence. The Islamic oath provision allows rape suspects who declare their innocence up to five times to be eligible for automatic dismissal of charges should the court determine an absence of incriminating “other evidence.” (Human Rights Watch, Indonesia: Aceh’s New Islamic Laws Violate Rights, 2 October 2014)

Under Islamic Law, the victim of rape will be accused of being the guilty party in the case where the victim reports her rape but is unable to provide four male witnesses. Qanun Jinayah (Islamic Criminal Legal Code). (Human Rights Watch, Indonesia: Aceh’s New Islamic Laws Violate Rights, 2 October 2014)

Sexuality education edit topic

Evaluation code: Mandated

Does the legal framework protect the right to education?edit question

Yes.

The 1945 Constitution of the Republic of Indonesia, Article 28C(1): Every person shall have the right to develop him/herself through the fulfillment of his/her basic needs, the right to get education and to benefit from science and technology, arts and culture, for the purpose of improving the quality of his/her life and for the welfare of the human race.

Child Protection Law, 2002, Ch. IX, Art. 48: The government shall be required to provide a minimum of nine (9) years of basic education for all children.

National Education System Law, Number 20/2003, Article 6: Every citizens age 7 – 15 is obliged to obtain basic education.

Is there a law or policy mandating the government (or its regulatory bodies) to implement sexuality education? Is there a law or policy prohibiting the government (or its regulatory bodies) from implementing sexuality education?edit question

Mandated.

HIV/sexuality education/life skills content must be included in formal curricula. (UNESCO Bangkok, Asia and Pacific Regional Bureau for Education, Review of Policies and Strategies to Implement and Scale Up Sexuality Education in Asia and the Pacific, 2012)

Health Law No. 36/2014, Article 71,¶ 2: Everyone is entitled to ….. (4) Getting information, education, and counseling about reproductive health that is correct and verifiable

Government Regulation No. 87/2014 on Population Development and Family Formation, Family Planning and Family Information Systems: Seven elements of reproductive rights:

2. The right to obtain as much information about sexuality, reproduction, and the benefits and side effects of drugs, devices and medical procedures used to service and / or addressing reproductive health problems

6. The right to obtain the right information about reproduction so that they can live a healthy behavior in exercising responsible sexual life

Presidential Instruction No. 5/2015: ...Incorporate into the curriculum of the rights and duties of children, reproductive health, and the empowerment of children...

(Text provided by independent SRHR expert, Indonesia)

Does the law mandate the provision of sexuality education to certain age groups? If so, which ones? Does the law prohibit the provision of sexuality education to certain age groups? If so, which ones?edit question

There is a national curriculum for primary, secondary and tertiary school. (UNESCO Bangkok, Asia and Pacific Regional Bureau for Education, Review of Policies and Strategies to Implement and Scale Up Sexuality Education in Asia and the Pacific, 2012)

Does the law mandate the provision of education on certain topics? If so, which ones? Does the law prohibit the provision of education on certain topics? If so, which ones?edit question

Prohibits (topics: “prevention and interruption of pregnancy")

Penal Code arts. 534-535 criminalizes providing information “to people relating to the prevention and interruption of pregnancy” which can lead to from two to nine months of imprisonment.

Art. 534: Any person who either openly exhibits means for preventing pregnancy, or openly or unrequestedly offers, or openly or, by disseminating a writing, unrequestedly shows where such means or services for the prevention of pregnancy are available, shall be punished by a maximum light imprisonment of two months or a maximum fine of two hundred rupiahs.

Art. 535: Any person who either openly exhibits means for the disturbance of pregnancy, or openly or unrequestedly offers or shows where such means or services for the disturbance of pregnancy are available, shall be punished by a maximum light imprisonment of three months or a maximum fine of three hundred rupiahs.

Indonesia’s Policy and National Strategy of Reproductive Health (2005) emphasises that “ARH education should be provided through formal and non-formal education systems” and that it should emphasise “prevention of teenage marriage and pre-marital sex”.

Although a national curriculum exists, it is mostly used as guidance and it is up to the discretion of the teacher whether and how to apply it. (UNESCO Bangkok, Asia and Pacific Regional Bureau for Education, Review of Policies and Strategies to Implement and Scale Up Sexuality Education in Asia and the Pacific, 2012)

Could customary and/or religious law apply?edit question

No Customary and religious law / No information

Third party authorization for sexual and reproductive health services - general edit topic

Evaluation code: Yes

Is third party authorization in order to access any sexual and reproductive health services?edit question

Yes.

See the following sections: Parental consent to oral contraceptives; Parental consent to intrauterine devices; Parental consent to hormonal implants; Parental consent to emergency contraception; Parental consent to abortion; Parental consent to sterilization; Parental consent to HIV testing; Parental consent to sexually transmitted infections testing; Spousal consent to oral contraceptives; Spousal consent to intrauterine devices; Spousal consent to hormonal implants; Spousal consent to emergency contraception; Spousal consent to abortion; and Spousal consent to sterilization.

Evaluation code: Yes

Do young people require the consent of their parents or legal guardians in order to access any sexual and reproductive health service?edit question

Yes.

See the following sections: Parental consent to oral contraceptives; Parental consent to intrauterine devices; Parental consent to hormonal implants; Parental consent to emergency contraception; Parental consent to abortion; Parental consent to sterilization; Parental consent to HIV testing and Parental consent to sexually transmitted infections testing.

Could customary and/or religious law apply?edit question

No Customary and religious law / No information

Evaluation code: Marriage requirement

Topic tags:

  • Provider discretion
  • Other

Do young people require the consent of their parents or legal guardians in order to access oral contraceptives?edit question

Marriage requirement.

Contraceptives are only legally accessible for married women with the consent of their husbands.

Indonesia Law on Population and Prosperous Family, Law No. 10 (1992).

Article 8(1): Birth control…is performed independently through a procedure which is beneficial and acceptable by husband-wife couple in line with their choice.

Although the government claims that this law is not meant to exclude unmarried females, anecdotal evidence indicates that this exclusion has been interpreted by medical practitioners as a prohibition on the provision of contraceptives to unmarried women. (Amnesty International, Left without a choice: Barriers to reproductive health in Indonesia, 2010

Government midwives and doctors...confirmed that they normally do not provide reproductive health services, including contraception and family planning, to unmarried women and girls...other government officials said that contraception and family planning services are intended solely for married people in accordance with laws and policies. (Amnesty International. 2012. Briefing to the UN Committee on the Elimination of Discrimination against Women. New York: Amnesty International. Index: ASA 21/022/2012)

Are there exceptions?edit question

Provider discretion and Non-governmental service providers.

There is anecdotal evidence that some providers and NGOs will give contraceptives to unmarried women under age 18 without requiring parental consent.

Evaluation code: Marriage requirement

Topic tags:

  • Provider discretion
  • Other

Do young people require the consent of their parents or legal guardians in order to access intrauterine devices?edit question

Marriage requirement.

See Parental consent to oral contraceptives section.

Are there exceptions?edit question

Provider discretion and NGO service providers.

See Parental consent to oral contraceptives section.

Evaluation code: Marriage requirement

Topic tags:

  • Provider discretion
  • Other

Do young people require the consent of their parents or legal guardians in order to access hormonal implants?edit question

Marriage requirement.

See Parental consent to oral contraceptives section.

Are there exceptions?edit question

Provider discretion and NGO service providers.

See Parental consent to oral contraceptives section.

Evaluation code: Marriage requirement

Topic tags:

  • Provider discretion
  • Other

Do young people require the consent of their parents or legal guardians in order to access emergency contraception?edit question

Marriage requirement.

See Parental consent to oral contraceptives section.

Are there exceptions?edit question

Provider discretion and NGO service providers.

See Parental consent to oral contraceptives section.

Evaluation code: Marriage requirement

Topic tags:

  • Legally restricted
  • Other

Do young people require the consent of their parents or legal guardians in order to access abortion?edit question

Marriage requirement.

The law is silent on access to abortion for unmarried women, and advocates in Indonesia allege that the law is being interpreted to deny unmarried women abortions even where pregnancy is life threatening because no spousal consent can be obtained. (Dessy Sagita, Amnesty Demands Repeal of Indonesia's Anti-Abortion Laws, JAKARTA GLOBE, Nov. 4, 2010)

If the abortion is needed to save the woman’s life, a husband’s consent is required. If the husband is not present, the consent of the family will suffice. (Source: Validator)

Are there exceptions?edit question

Legally restricted and Rape.

Ministry of Health Decree No. 61/2014 allows abortion only to save the woman’s life or in cases of rape.

In the case of rape, no parental or spousal consent is needed. (Source: Validator)

Evaluation code: Marriage requirement

Do young people require the consent of their parents or legal guardians in order to access sterilization?edit question

Marriage requirement.

Are there exceptions?edit question

None.

Evaluation code: Parental consent required under 18

Do young people require the consent of their parents or legal guardians in order to access HIV testing?edit question

Parental consent required under 18.

The Child Protection Law 2002 defines a child as under age 18 and suggests that health care workers consult both parents and children when a decision is being made about medical treatment or testing.

Child Protection Law (No 23/2002)

Ch.I, Art. 1: A ‘Child’ shall mean a person under eighteen (18) years of age…

Ch. III, Art. 10: Every child is to be entitled to speak and have their opinions heard, receive, seek and impart information pursuant to their intellect and age for the purposes of their self-development in accordance with norms of morality and propriety.

Ch. IX, Art. 45 (1): A child’s parent and family shall be responsible for maintaining the health of the child from his time in the womb.

Are there exceptions?edit question

None.

Evaluation code: Parental consent required under 18

Do young people require the consent of their parents or legal guardians in order to access sexually transmitted infections testing?edit question

Parental consent required under 18.

See Parental consent to HIV testing section.

Are there exceptions?edit question

None.

Evaluation code: Yes

Is the consent of a spouse/partner/father of the child required in order to access any sexual and reproductive health service?edit question

Yes.

See the following sections: Spousal consent to oral contraceptives; Spousal consent to intrauterine devices; Spousal consent to hormonal implants; Spousal consent to emergency contraception; Spousal consent to abortion; and Spousal consent to sterilization.

Could customary and/or religious law apply?edit question

No Customary and religious law / No information

Evaluation code: Spousal/IP/parent of child consent required

Topic tags:

  • Provider discretion
  • Other

Is the consent of a spouse, intimate partner or biological father/mother of the child required to access oral contraceptives?edit question

Spousal/IP/parent of child consent required

Under Indonesian law, contraceptives are only legally accessible for married women with the consent of their husbands. Indonesia’s Population Law establishes the right of married couples to determine the spacing and timing of their children, but does not include any mention of unmarried women and girls. (Indonesia Law on Population and Prosperous Family, Law No. 10, 1992)

Are there exceptions?edit question

Provider discretion and Non-governmental service providers.

Evaluation code: Spousal/IP/parent of child consent required

Topic tags:

  • Provider discretion
  • Other

Is the consent of a spouse, intimate partner or biological father/mother of the child required to access intrauterine devices?edit question

Spousal/IP/parent of child consent required.

See Spousal consent to oral contraceptives section.

Are there exceptions?edit question

Provider discretion and NGO service providers.

Evaluation code: Spousal/IP/parent of child consent required

Topic tags:

  • Provider discretion
  • Other

Is the consent of a spouse, intimate partner or biological father/mother of the child required to access hormonal implants?edit question

Spousal/IP/parent of child consent required.

See Spousal consent to oral contraceptives section.

Are there exceptions?edit question

Provider discretion and NGO service providers.

Evaluation code: Spousal/IP/parent of child consent required

Topic tags:

  • Provider discretion
  • Other

Is the consent of a spouse, intimate partner or biological father/mother of the child required to access emergency contraception?edit question

Spousal/IP/parent of child consent required.

See Spousal consent to oral contraceptives section.

Are there exceptions?edit question

Provider discretion and NGO service providers.

Evaluation code: Spousal/IP/parent of child consent required

Topic tags:

  • Provider discretion
  • Judicial bypass
  • Marriage
  • Pregnancy
  • Legally restricted
  • Other

Is the consent of a spouse, intimate partner or biological father/mother of the child required to access abortion?edit question

Spousal/IP/parent of child consent required.

Under Indonesian law, women seeking abortions must obtain consent from their husbands except in cases of rape. The law recognizes no other exception to the spousal consent requirement, even where a woman’s life is in danger. (Indonesia Health Law No. 36, art. 76, 2009).

Are there exceptions?edit question

Provider discretion; Judicial bypass; Marriage; Pregnancy; Legally restricted; and Rape.

See above.

Evaluation code: Spousal/IP/parent of child consent required

Is the consent of a spouse, intimate partner or biological father/mother of the child required to access sterilization?edit question

Spousal/IP/parent of child consent required

Are there exceptions?edit question

None.

Evaluation code: No consent requirements

Is the consent of a spouse, intimate partner or biological father/mother of the child required to access HIV testing?edit question

No consent requirements.

Are there exceptions?edit question

N/A

Evaluation code: No consent requirements

Is the consent of a spouse, intimate partner or biological father/mother of the child required to access sexually transmitted infections testing?edit question

No consent requirements.

Are there exceptions?edit question

N/A