Global Progress Towards Ending the Sexual Exploitation of Children
A global problem requires truly global solutions to address the sexual exploitation of children.
Indicators
Age of Consent
No
The age of sexual consent is 15 years for both girls and boys. The national legislation does not provide for a close-in-age exemption.
DH Legal Analysis Indonesia, 2020
Extraterritoriality & Extradition
No
Active extraterritoriality is recognized for all crimes but requires double criminality. Extraterritoriality extends to crimes committed through ICTs abroad if the offence has legal effect within and/or outside of Indonesia and is detrimental to the interests of Indonesia.
Extradition does not apply to all SEC related offences and requires double criminality. Extradition may be refused if the offence was partially or completely committed within Indonesia's territory.
DH Legal Analysis Indonesia, 2020
CSAM Definition
Yes
The national legislation provides a definition which is in line with international standards. The definition provided explicitly covers visual, audio and written material, criminalises material depicting a person appearing to be a minor and it possibly criminalises computer/digitally generated CSAM, including realistic images of non-existing children.
DH Legal Analysis Indonesia, 2020
Background Check Required
No
There are no mandatory legal provisions for criminal background checks.
Indonesian law does not explicitly prohibit convicted sex offenders to hold positions involving or facilitating contact with children but contains a generic provision that allows the deprivation of the right to be a legal manager or a counsellor and to be a guardian, co-guardian, curator or curator over other children as well as his or her own
DH Legal Analysis Indonesia, 2020
National Commitments
Partial
Indonesia has ratified the CRC, the OPSC, the Trafficking Protocol and the ILO Convention No. 182.
Indonesia is also the first signatory of the UNWTO Framework Convention on Tourism Ethics
Indonesia has not ratified the OPIC and the Council of Europe's Lanzarote and Budapest Conventions.
DH Legal Analysis Indonesia, 2020
Child Advocacy Centers
Not Yet Assessed
SEC Police Unit
Partial
There are several units including SEC in their mandate: most SEC cases are handled by the Women and Children Protection units and OCSE cases fall under the jurisdiction of provincial police, at cybercrimes units which are reportedly not specifically prepared to handle cases involving children. No information has been found on whether these units are fully functional and whether both offences under national and extra-territorial jurisdiction are able to be addressed by it.
DH Desk-based Research Indonesia, Jun-20
Protection Standards Travel and Tourism
Partial
There are no child protection standards for the travel and tourism industry in place but some special laws could be applicable in this regard.
SECTT Legal Checklist ASEAN, 2020
Public SEC Case Data
No
There is available case data on offences related to child sexual abuse material from the Cybercrime Directorate although it is unclear whether this data is made available on a regular basis. Data is not disaggregated. It is unclear whether data on other SEC-related crimes is available or whether it contains information on offenders and on compensation sought by victims.
DH Desk-based Research Indonesia, 2020
Age of Consent Law is Appropriate
The age of sexual consent for both males and females is 18 and a close in age exemption (up to 3 years) is provided for consensual sexual relationships between adolescents.
The age of sexual consent is the legally defined age at which a person is considered mature enough to agree to sexual activity. The age of sexual consent varies across jurisdictions around the world and there is no international legal instrument establishing it, however various forms of advocacy have encouraged States to establish a minimum age under which engaging in sexual contact is considered a criminal offence. This is intended to prevent sexual contact with children and to prevent argument that the child consented as a defence.
Often national provisions related to the age of sexual consent include an exception, known as a close-in-age exemption, making consensual sexual activities between young people lawful if the partners are of similar ages and the age difference is not higher than a certain number of years.
To ensure that cases of child sexual exploitation do not go unpunished, ECPAT advocates for the age of sexual consent to be set at 18 for both males and females with a close-in-age exemption of 2-3 years provided in order to ensure young people are not penalised for consensual sexual acts with peers. The age from which the exemption applies should be established by States but may begin for young people somewhere between 12 and 16 years of age.
Yes The national legislation explicitly indicates that the age of sexual consent unequivocally is 18 for both males and females, with a close-in-age exemption for sexual acts between peers (of up to 3 years) is provided by law.