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Sex According To Law: Socio Legal Study On Local Regulation Proscribing Prostitution In Indonesia

Tuesday, July 15, 2014: 9:45 AM
Room: Booth 59
Distributed Paper
Antonius CAHYADI , University of Indonesia, Depok, Indonesia
In Indonesia, prostitution is explicitly only proscribed in Local Regulation (Peraturan Daerah) level. It is prohibited in local level. In national level it is implicitly regulated. The Local Regulation proscribing prostitution is only post-Reformation 1998 phenomenon. It appears together with the fever of Syariah Local Regulation stipulation by the local Government that obtains its autonomy after the Reformation. Motivation for proposing such Regulation is blurred with political interest, financial motive and popularity gaining endeavor. Syariah Law becomes promising project gathering people’s sympathy and money. In National level there are Penal Code and Law on the Eradication of Human Trafficking. However the Laws are implicitly proscribed the prostitution. Hence it is only several local regions and not all regions have regulations that make prostitution illegal. This paper offers qualitative description about the prohibition of prostitution in Indonesia. The Local Regulation that prohibits prostitution in Bantul Regency, Yogyakarta Province will be chosen as a case study.  Applying socio legal approach the paper will offer analysis on Local Regulation level up to National level concerning the prohibition of prostitution and its implementation.