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Government Laws

CHAPTER XIV: Crimes Against Morals

Penal Code

CHAPTER XIV: Crimes Against Morals

(Selected sections pertinent to human trafficking)

Art. 285: Whosoever with violence or with threat of violence forces a woman who is not his wife to have (sexual) intercourse with him, is liable for committing rape with a penal imprisonment at the maximum (period) of twelve years.

Art. 286: Whosoever engages in an intercourse with a woman who is not his wife, whereas he knew that the woman was faint or unconscious, is liable to penal imprisonment at the maximum of nine years.

Art. 287: (1) Whosoever engages in an intercourse with a female person who is not his wife, whereas he knew or he should have presumed that the age of that female person was below fifteen years or, if her age was not clear, that (she was) not yet at the age to be married, is liable to penal imprisonment at the maximum of nine years. (2) The prosecution will be carried out only upon a complaint; unless if the age of the female person is less than twelve years or if there occurred an element prescribed in article 291 and/or 294.

Art. 289: Whosoever with violence or threat of violence forces somebody to engage in or to let him/herself exposed to an obscene act, is liable for offending moral dignity with a penal imprisonment at the maximum of nine years.

Art. 290: Liable to criminal imprisonment at a maximum of seven years: (1) whosoever engages in an obscene act with another person, whereas he or she knew that the person was in faint or unconscious. (2) whosoever engages in an obscene act with another person, whereas he/she knew or he/she should have presumed, that the age of that person was below fifteen years or, if his/her age was not clear, that the person was not yet at the age to be married. (3) whosoever seduces a person whereas he/she knew or he/she should have presumed that the age (of that person) was below fifteen years or, if his/her age was not clear, that he/she was not yet at the age to be married, to engage or to let him/herself exposed to an obscene act, or engage in an extra-marital intercourse with another person.

Art. 291: (1) If any of the crime set forth in articles 286, 287, 289, and 290 results in heavy injuries, therefore the penal imprisonment at the maximum of twelve years is applicable. (2) If any of the crime set forth in articles 285, 286, 287, 289, and 290 results in death, therefore the penal imprisonment at the maximum of fifteen years is applicable.

Art. 292: Adult person who engages in an obscene act with another person of the same sex whom he/she knew or he/she should have presumed to be immature, is liable to penal imprisonment at the maximum of five years.

Art. 293: (1) Whosoever by means of providing or promising (to provide) cash or materials abusing the power arising from circumstantial relations, or by means of intentional astray luring an immature and good-doing person to engage-in or to let him/herself exposed to an obscene act, whereas he/she knew or he/she should have presumed that the person was immature, is liable to penal imprisonment at the maximum of five years. (2) Prosecution will be carried out only upon a complaint from the person to whom the crime was done. (3) The period established under article 74 for this complaint is (replaced to) nine and twelve months.¹

Art. 294: (1) Whosoever engages in an obscene act with his/her child, step-child, adopted child, a child under his/her legal custody, or with an immature person whose custody was given to him/her, or with his/her immature helper or sub-ordinate, is liable to penal imprisonment at the maximum of seven years. (2) Liable to the similar imprisonment:

1. government officer who conduct an obscene act with a person whose position belongs to his/her sub-ordinate, or with a person whose custody was given to him/her.
2. administrators, doctors, teachers, employees, instructors or errands of prison, public employment or education (including course) institution, orphanage, hospital, psychiatric hospital or social institution, who engages in obscene acts with person placed thereto.

Art. 295: (1) Liable to:

1. penal imprisonment at the maximum of five years whosoever intentionally causing or facilitating an obscene act committed by his/her child, step-child, adopted child, an immature child under his/her legal custody, or by an immature person whose custody was given to him/her, or by his/her immature helper or sub-ordinate, with another person.
2. penal imprisonment at the maximum of four years whosoever intentionally relating or facilitating an obscene act, beyond that prescribed under point 1 above, which was committed by a person that he/she knew was immature or that he/she should have presumed that the person was immature, with another person. (2) If those guilty of such offenses were doing the crimes as a job or a habit, therefore the penal could be added by one-third (of the prescribed maximum imprisonment).

Art. 296: Whosoever with intention causing or facilitating an obscene act committed by a person to another and do so as a job or a habit, is liable to a penal at the maximum of one year or a fine at the maximum amount of fifteen-thousand rupiahs.²

Art. 297: Trafficking of women and immature boys, is liable to criminal imprisonment at the maximum of six years.

Art. 301: Whosoever handing-over or submitting to another person a child of his/her legal custody and whose age is less than twelve years, whereas he/she knew that the child is going to be used for or at the time when (the recipient was) begging or (going to be used) for work that is harmful, or that is affecting (the child's) health, is liable to penal imprisonment at the maximum of four years.

¹Art. 74 provides that a complaint is must have been filed within a period 6 months if the victim resides in Indonesia, or within 9 months if he/she resides extraterritorially (Art. 74 is under Chapter VII: On Submitting and Withdrawing a Complaint in Cases of Complaint Delicts)

²USD 1 = Indonesian Rupiah 7000 (seven thousand), approximately at time of translation (July 1999)