Prostitution in Indonesia as a Practice of Human Rights, Self-

Expression, Independence, and Confidence

Faculty of Economics and Business Unversitas Indonesia

Raras Bunga Iswara / 1606864172

Nisrina Nabilah / 1606863011
Adi Candra / 1606898204
Adinda Wongwatana 1606898910
Ilham Pras / 1606898633
Anindita Nadia /
TABLE OF CONTENTS

Chapter 1: Introduction 3

Chapter 2: Prostitution 4

Chapter 3: Indonesia on Prostitution 6

Chapter 4: Human Rights and Bodily Integrity 8

Chapter 5: Prostitution as a Form of Personal Autonomy, Independence, Self- 9

Expression, and Confidence

Chapter 6: Conclusion 11

Resources 12

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 Chapter 1: Introduction

1.1 Background of the study

In the 21st century a lot of bizarre and taboo things are being practiced in some
of the third world countries. Things such as same sex marriage, abortion, and
prostitution are being highly practiced, and in some countries are being legalized. All of
the things mentioned above are usually perceived as taboo in many countries, religions,
and generally in a conservative society. Although nowadays, a lot of people have come
to a realization that everyone deserves the liberation and rights to make choices as the
live their life. Even with that being understood, the practice of prostitution has still
raised a lot of controversy among people, especially in religious and conservative
countries such as Indonesia, who has a majority of Muslim citizen. Islam (the religion of
Muslims) believes that having sexual intercourse with someone other than the person’s
legal husband/wife is a big sin. As a result, the practice of prostitution in Indonesia is
often judged by the society only as a negative, sinful, and taboo job to have.

1.2 Problem Statement

Prostitution is viewed as a negative, sinful, and taboo profession by Indonesian
society. As the majority of citizens in Indonesia are Muslims, prostitutes have hidden
themselves from the society to prevent judgments from others. Being in a society that
degrades them due to their jobs, often make them feel like an outcast from the society.
It is important to remember that every situation can be viewed from different
perspective. Living in a society which often only offer one perspective on prostitution
results in the outcast of people who are expressing themselves sexually and trying to
provide for themselves. It is important to see prostitution from a more positive light,
prostitution as a form of independence, self-expression, and confidence.

1.3 Purpose
To provide and educate the readers with a new point of view on Prostitution.

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 Chapter 2: Prostitution

2.1 Definition of Prostitution

Prostitution is defined by the Oxford Dictionary as “the practice or occupation of
engaging in sexual activity with someone for payment.” It can be considered as an illegal
or legal act, depending on the law. A lot of people believe that prostitution is a legit job
option, but the concept of selling your own body for money is still taboo until now.
The word prostitution is derived from the Latin word 'prostitution (em)', later
introduced into English as 'prostitution' or ‘prostitusi’ in Indonesian. In the 'Dictionary
English-Indonesian, Indonesian-English', by John M. Echols and Hassan Shadili
prostitution is interpreted as 'prostitution, fornication, prostitute'. In the writing
'Preview Life Sociology of Law Against Prostitution in Indonesia', by Syamsudin,
prostitution is defined as workers who are surrendered or sell services to the public to
perform sexual acts for a wage according what previously agreed. Prostitution or
Prostitution is the sale of sexual services, such as oral sex or intercourse. Someone who
sells sexual services is called whores or so-called commercial sex workers (PSK).
Prostitution is an activity that should be taboo because morally considered contrary to
religious values and morals.

2.2 Causes of Prostitution in Indonesia

In Indonesia, prostitution exist mainly because of poverty. In most cases,
prostitutes in Indonesia have little to no money for basic needs. Some prostitutes
choose this line of work as a stepping stone to fulfil their dream to become a (porn)
star. The estimated age for one to entry this line of work is as young as 12 and 9 years
old, according to www.rapeis.org “most of these girls were recruited or coerced into
prostitution”. Others were "traditional wives" without job skills who escaped from or
were abandoned by abusive husbands and went into prostitution to support
themselves and their children.

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2.3 Types of Prostitution
There are many different types of prostitution. Although prostitution can be
generalized as an act of giving something (usually sex related) in exchange of money,
prostitution can still be classified into ‘direct’ and ‘indirect’. A direct prostitution
involves exchanging money or “gift” for sexual activities. As for indirect prostitution, no
sexual activities are involved and the workers are less likely to be viewed as sex workers.
Examples of indirect prostitution are hosts and escorts.
Some prostitutes prefer to work in a prostitution agency or for a procurer, some
others prefer to work individually as ‘call girls’. Prostitutes who choose to work
individually often advertise their services online and keeps all their profits to
themselves. As for those who work for agencies, they have to share their profit with
their procurer or agency, but they face less risks.

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 Chapter 3: Indonesia on Prostitution

3.1 Indonesian Society on Prostitution

In Indonesian society, prostitution is viewed negatively, and those that rent or

sell their body are often regarded as the dregs of society.

Some Indonesians regard prostitution as something bad, and even an evil

necessity. This view is based on the assumption that the presence of prostitution could
channel the sexual appetite of parties who need to express it; without channeling it,
they fear that their desire unfulfilled sexual desire would lead to an attack and the
action of rape.

3.2 Indonesian Law on Prostitution

Prostitution in Indonesia is considered as a crime against morals and an illegal

activity against the law. The ratification of the law No. 7 of 1984 states that trafficking
in women and prostitution is included as a form of violence against women. The
majority of Indonesian view prostitution as an act of sinning and a degrading way to
make a living. Some even consider prostitutes as the worst form of human being as they
are perceived to have very little to no self-dignity.

Prostitution is specifically addressed in the law:

1. Pasal 296 & Pasal 506 KUHP (Kitab Undang-Undang Hukum Pidana)
2. Pasal 42 ayat (2) Perda DKI Jakarta No. 8 Tahun 2007 tentang Ketertiban
Umum (“Perda DKI 8/2007”)
3. Pasal 2 ayat (2) Perda Kota Tangerang No. 8 Tahun 2005 tentang Pelarangan
Pelacuran
4. Pasal 1 angka 4 Perda Kota Tangerang 8/2005
5. Pasal 9 ayat [1] Perda 8/2005

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 3.3 Government Action on Prostitution

Many officials also interpreted "crimes against decency/morality" to apply to

prostitution. Prostitution is widespread and largely tolerated, despite its contradiction
with popular societal and religious norms, Prostitution is most visibly manifested in
Indonesia’s brothel complexes, or lokalisasi, which are found throughout the country.
These brothels are managed under local government regulations. During or after raids
by the police, the prostitutes are able to pay and be released from custody; this has led
to police raids being called "nothing more than an income source for public order
officers".

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 Chapter 4: Human Rights and Bodily Integrity

4.1 Human Rights

Every person has human rights. No matter the nationality, place of residence,
sex, national or ethnic origin, color, religion, language, human rights are given to a
person the minute they were born. These basic human rights are based on values such
as dignity, fairness, equality, respect and independence. These rights are defined and
protected by the law and it should not be taken away, except in certain legal right
situations (for example the right of liberty may be restricted if a person is found guilty
by a crime). As defined by the dictionary, human rights are “freedom from unlawful
imprisonment, torture, and execution,” it is also equal and non-discriminatory.

4.2 Bodily Integrity

A basic human right that every person own is Bodily integrity. Bodily integrity is
the inviolability of the physical body and it emphasizes the importance of personal
autonomy and the self-determination of human beings over their own bodies. Personal
autonomy can be defined as “the capacity to decide for oneself and pursue a course of
action in one's life, often regardless of any particular moral content.” The presence of
personal autonomy and bodily integrity within a person’s basic human rights, provide
them the ability to take control of what they do with their body, the decisions that make
make involving it, and how they choose to use their body. This right is protected by two
international documents, The Universal Declaration of Human Rights and
The International Covenant on Civil and Political Rights.
Example practice of bodily integrity and personal autonomy are the choice to
donor or not to donor one’s blood or organs.

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 Chapter 5: Prostitution as a Form of Personal Autonomy, Independence, Self-
Expression, and Confidence

5.1 Prostitution as a Practice of Personal Autonomy

Personal and bodily autonomy provides a person the right to make choices
regarding their bodies regardless of the society’s norms, morals, and ethics. Norms,
morals, and ethics itself are constantly shifting and vary within societies and individuals.
Prostitution are often perceived as a wrong-doing or a sin in conservative and religious
societies. However, in every society, regardless their norms, morals, and ethics, every
person is entitled to their right of personal and bodily autonomy. They have the right
to make choices regarding their bodies, including to use it as a medium for prostitution.

Although laws that illegalize prostitution has been made, it is necessary for the
society to have another point of view on the subject matter. Seeing it from the views of
human right, regardless of the law implemented in Indonesia, people should be able to
view prostitution as a choice, willingly made by the person, as a practice of their right
to personal and bodily autonomy.

5.2 Prostitution as a Form of Independence

As explained previously, one of the causes for a person to choose prostitution as

a job is due to their need to provide for themselves as well as their families. In a country
where not everybody gets the education needed to get a white-collared job, some
people have to find alternative ways to provide for themselves and their families.

Prostitution should be able to be viewed as a form of independence. It should

be able to be seen as just another job and an effort of an independent person to provide
for themselves. As Veronica Monet (a prostitute and author of Gauntlet Magazine) once
said “We chose sex work after we did a lot of things we couldn't stand. Sex work is
better. For me, sex work isn't my first choice of paying work. It just happens to be the

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best alternative available. It's better than being president of someone else's
corporation. It's better than being a secretary. It is the most honest work I know of.”

5.3 Prostitution as a Form of Self-Expression and Confidence

People express themselves in various different ways. Some express their love for
art by being an artist, some express their love for books by becoming a writer, some
express their love for movies by becoming an actress, and some express their love for
sex by becoming a prostitute. Prostitution should be able to be viewed as a form of self-
expression regarding sexuality. It should be perceived as no more than just a person’s
expression of their love for being sexy, desirable, and sexual. People can make money
out of expressing themselves through art, with that being said, people should also be
able to make money (without being degraded and scrutinized) out of expressing
themselves through sex.

For a different perspective, Frankfurt's Red Light District (an ‘Adult

Entertainment’ area) each and every one of the sex workers is insured, bonded,
unionized, and under the same governmental rights and responsibilities as other
employees or independent contractors. Many sex workers consider themselves quite
liberated and not at all abused. A quote from someone’s experience with one of the
workers is:

"I'd feel dirty and abused if I had to sell a product I don't believe in or food that makes
people fat or sick."

Moreover, prostitution can also be a form of confidence. To be able to feel

comfortable naked in front of strangers and become sexual in front of people without
having emotional attachments and comfort takes a lot of confidence and body
acceptance. Prostitutes have the unapologetic love and acceptance of the flaws on their
skin and also within. Having to live day by day being scrutinized and degraded by the
society for doing something that one chose to do to make a living or in the name of self-

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expression, is not an easy task. It takes a brave, confident, self-accepting, and open-
minded women to become a prostitute.

Chapter 6: Conclusion

People have various perspectives when it comes to prostitution. Some people

use prostitution as a medium to get money in order to fulfill their basic needs. Other
uses prostitution as a stepping stone to achieve their dream and a form of self-
expression. Others who are not involve in the prostitution itself has various opinions
regarding it as well. Some are pros, some are cons.

In most conservative and religious countries including Indonesia, prostitution is

viewed in a very negative light and as a very taboo activity. Prostitution in Indonesia is
considered as a crime regulated by the law. Although that, it is important to keep in
mind that everybody in this world has human rights which protects them.
Prostitutes live under the same governmental rights and protection as other
people in this world. They have their basic human rights as well as their bodily integrity,
personal autonomy, and bodily autonomy. Prostitution should be able to be perceived
as a practice of these rights as well as a form of independence, self-expression, and
confidence.
The monotone way of how the Indonesian society perceived prostitution should
be varied by other perceptions that are shining a more positive light on prostitution.

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RESOURCES
https://en.m.wikipedia.org/wiki/Prostitution
https://en.oxforddictionaries.com/definition/prostitution
https://id.wikipedia.org/wiki/Pelacuran
http://suhendarsyahalfian.blogspot.co.id/2013/03/pengertian-prostitusi.html
https://en.wikipedia.org/wiki/Prostitution_in_Indonesia
https://plato.stanford.edu/entries/personal-autonomy/#2
http://www.inquiriesjournal.com/articles/28/a-feminists-argument-on-how-
sex-work-can-benefit-women
http://www.iep.utm.edu/autonomy/
http://prostitution.procon.org/view.resource.php?resourceID=000115
http://www.hukumonline.com/klinik/detail/lt50d13cca972bc/pasal-untuk-
menjerat-pemakai-jasa-psk
https://www.equalityhumanrights.com/en/human-rights/what-are-human-rights
https://www.merriam-webster.com/dictionary/human%20rights
https://www.quora.com/Why-is-prostitution-frowned-upon
https://en.wikipedia.org/wiki/Bodily_integrity

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