Prostitution and Human Rights in Indonesia: A Critical Systemic Review of Policy Discourses and Scenarios

Prostitution and Human Rights in
Indonesia: A Critical Systemic Review of

Policy Discourses and Scenarios
Riswanda, Janet McIntyre-Mills &

Yvonne Corcoran-Nantes
Systemic Practice and Action

Research
ISSN 1094-429X
Syst Pract Action Res

DOI 10.1007/s11213-016-9393-4
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DOI 10.1007/s11213-016-9393-4
ORIGINAL PAPER
Prostitution and Human Rights in Indonesia: A Critical

Systemic Review of Policy Discourses and Scenarios
Riswanda1,2 • Janet McIntyre-Mills1 • Yvonne Corcoran-Nantes1
Springer Science+Business Media New York 2016
Abstract This article considers policy making in practice focussing on case studies drawn
from ethnographic research on prostitution in Indonesia carried out between 2012 and 2013
(this article is based on field research undertaken in Java, Indonesia, between November 2012
and 28 February 2013). Its theoretical underpinnings is that of ‘critical systemic heuristics’
which contends that policy making with respect to prostitution needs to take into account a
range of factors and diverse views based on a process of ‘unfolding values’ and ‘sweeping in’
many variables before a decision is made. Applying ‘critical systemic approach’ or ‘critical
heuristics’provides a means to test out the policy making ideas, as opposed to merely
implementing the ideas of the powerful. The paper applies critical heuristic thinking to argue
that the policy response ought to take into account the voices of those with a lived experience
of poverty and prostitution, in order to protect their rights when making policy decisions.
Keywords Critical system heuristic Policy Prostitution Expanded pragmatism Rights
Introduction, Background and Statement of Problem
The paper is based on a critical ethnographic case study1 spanning three metropolitan and
regional areas in Indonesia, namely Jakarta, Bandung and Tangerang. The rationale for the
research is to offer an explanation of how policy responses and perceptions of the policy
1
Combining the critical ethnographic approach with case study, the attempt is expected to investigate the
issue of prostitution within the bounded social systems of the Indonesian community surrounded by the
uniqueness of different cases of differing lenses of policy providers on how a policy should respond to the
issue.
& Riswanda
risw0001@flinders.edu.au
1
Flinders University, Adelaide, South Australia, Australia
2
University of Sultan Ageng Tirtayasa, Adelaide, South Australia, Australia
123
providers vary from one geographical location to another. Moreover, in order to offer some
insights into the divergence of prostitution policy in regional and urban areas in Indonesia,
this research utilises qualitative data from 36 in-depth interviews with different key
stakeholders associated with prostitution and policy-making in Indonesia. The analysis of
the data is combined with unstructured observation, policy documents, and audio tran-
scripts the in-depth interviews as well as detailed field notes from all data gathering
activities. Policy documents were used to support the discourse analysis of differing
viewpoints of prostitution in Indonesia.2
Conflicting regulations are the current policy response to the many issues surrounding
prostitution and this creates differing paradigms for the implementation of criminalisation
policy. Ambiguous policy solutions create implications that lead to contesting views that of
government policy initiatives vs. the differing interests of non-government organisations
(NGOs).3 The article argues that policy making options ought to be derived from the ideal
of human rights by applying critical heuristics to take into account the range of values
within the context of the study, and to then make informed policy judgements that enable
as much freedom and diversity as possible without compromising the rights of others. The
paper addresses the rights and responsibilities of service users and providers, and makes a
case for protecting the vulnerable and criminalising the powerful who exploit those who
work within the industry. This study aims to respond to the human rights of all; women,
children, transgender and men of all ages; and consider the consequences of different
choices in terms of policy scenarios.
Douglas (1998) argues in Purity and Danger: an Analysis of Concepts of Pollution and
Taboo that people include and exclude particular ideas since they look through particular
lenses and set up boundaries according to those lenses. The boundaries then lead people to
see the world in limited ways. In Indonesia, the attitudes towards liberalism in policy differ
from individual to individual, from department to department and within departments in
different sections. The way the issue is problematized and is framed by the powerful or
dominant groups within the policy making boundary shapes policy responses to prostitu-
tion. Policy implication: social rehabilitation programs with end goals to ‘‘purify’’ par-
ticipants in order to ‘re-socialise’ them into society is, marked by the continuation of moral
and public order raids.
Policy Discourses and Scenarios
On the whole, in Indonesia, women and transgender groups do not have the same life
chances as men. As a result, many young women and children are caught up in prostitution.
A patriarchal mindset persists in Indonesian society. Men usually have positions of power
and can determine the life chances of women. For instance, at national level, the
involvement of women in the policy making process of crucial issues is low, as shown in
Table 1.
From the table above, it is clear that with low political representation women’s
involvement as key political actors in the policy making process at legislative level
remains much lower than that of men. Despite law No. 10/2008 and No. 2/2008 regarding a
quota of 30 % female political candidates on the ballot of all political parties for the
2
The research design, strategy and rationale for the research has been detailed in Riswanda et al. (2016,
pp. 5–7).
3
Ibid.
123
Table 1 Socio-demographic statistics on Indonesian People’s Representative Council (Dewan Perwakilan

Rakyat/DPR) based on gender in three periods of election.Source: Summarised from Ministry of Women’s
Empowerment and Child Protection (2013, p. 2)
Period Female (%) Male (%) Total (%)
1999–2004 9.0 91.0 100.00

2004–2009 10.7 89.3 100.00
2009–2014 17.6 82.4 100.00
positions of People Representative Council Members representation of women in poli-

tics—the number of women elected remains below the global average of 22.5 %.4
Conversely, if we consider the profile of Indonesian public officials based on level of
education, both male and female officials, on average have graduates from high school
(38.07 and 34.56 %). Almost one-third of public officials have completed an undergrad-
uate degree with similar levels of completion for men [29.91 %] and women [28.76 %].
Clearly, women do not lack the education or skills to merit appointment to the public
service where they constitute over 45 % of public servants as shown in Table 2.
However, as we can see in Table 3 the level and status of female public servants falls far
lower on the government appointment scale than those of men. Thus, representation at key
decision making levels in the government hierarchy is currently dominated by men, as
shown by higher numbers of male officials than female officials sitting in the top three
decision making tiers of the public service.
At the district level, some local governments adopt sharia principles for regulations that
are supposed to promote the security of women but which to some extent can also dis-
regard their individual choices. For example, the wearing of the hijab is a personal choice
in Indonesia and usually a reflection of an individual’s religious devotion and commitment
not one to be determined by public regulations or laws. Security is conceptualised as being
free from any accusation of immoral action sometimes assumed to be a result of women’s
choices such as when to be in a public place and the influence of fashion on public dress. In
some districts, regulations over dress and public behaviour are formulated following male
preconceptions and to the exclusion of female perceptions and experience. More impor-
tantly, these become ‘moral’ regulations to guide how women ought to act and look—the
male ideal of ‘‘wanita baik-baik’’ (good women).
The above trend demonstrates that although women may have the opportunity to engage
in monitoring governance processes their position remains a disadvantaged one. Thus, their
capacity to address their own strategic needs is limited. As asserted by Munir (cited in
Budianta 2006), the notion of a gendered role, shaped by men, either in politics or in public
life seems to have been ignored by the government:
…continuity in the New Order’s gender ideology, in which women are seen as pillars
of the nation-meant to serve the interest of the state and the male citizens. This
ideology has been propagated in the society using references to religious texts such
as the Qur’an or hadiths. The idealization of women becomes the very means by
which women are discriminated against, for women who fall out of this ideal type of
female citizenship are stigmatized (p. 918).
4
See Women in National Parliaments; http://www.ipu.org/wmn-e/world.htm [Consulted 28/09/2015].
123
Table 2 Numbers of public officials based on sex and level of education as at June 2013.Source: Badan
Kepegawaian Negara (Bureau of State Personnel Administration), cited in Ministry of Women’s Empow-
erment and Child Protection (2013, p. 2)
Level of education Sex Total
Male Female
Numbers % Numbers %
Elementary school 98,755 4.13 5885 0.30 104,640

Junior high school 121,718 5.09 16,550 0.83 138,268
Senior high school 909,688 38.07 687,897 34.56 1,597,585
Diploma I 28,071 1.17 52,032 2.611 80,103
Diploma II 261,128 10.93 414,810 20.84 675,938
Diploma III 174,597 7.31 209,344 10.52 383,941
Diploma IV 7208 0.30 3480 0.17 10,688
Strata I/undergraduate 714,663 29.91 572,499 28.76 1,287,162
Strata II/graduate 66,988 2.80 26,645 1.34 93,633
Strata III/doctorate 6500 0.27 1564 0.08 8064
Total 2,389,316 100.00 1,990,706 100.0 4,380,022
Table 3 Numbers of public

Position Sex Total
officials based on sex and posi-
tion as at September Male Female
2013.Source: Badan Kepegawa-
ian Negara (Bureau of State Per- Numbers % Numbers %
sonnel Administration), cited in
Ministry of Women’s Empower- Echelon I 556 91.3 53 8.7 609
ment and Child Protection (2013,
Echelon II 6644 92.9 506 7.1 7150
p. 7)
Echelon III 35,936 85.5 6088 14.5 42,024
Echelon IV 140,958 76.5 43,203 23.5 184,161
Echelon V 10,026 76.8 3023 23.2 13,049
Total 194,120 78.6 52,873 21.4 246,993
This rising trend can also be one of the reasons why the policy makers need to think
about the problem of prostitution as one of gender equality and a social justice issue. Policy
making, in order to deal with the issue of prostitution, ought to represent a policy action in
favour of the rights of the marginalised. Prostitution challenges and demoralises social
justice as it commodifies the vulnerable. Thus, representing prostitutes simply as the
victims of abuse or poverty appears to be out-dated in contemporary Indonesian society.
While classic reasons for women and children engaging in prostitution are a background of
childhood abuse and poverty the question is how do those reasons become the foundation
of policy-making reform of the issue? It is incorrect for a policy maker to believe that
people coming from a compromised background would do well to enter an oppressive
occupation like prostitution. Millions of people in Indonesia, who have similar socio-
economic backgrounds do not engage in prostitution for the simple reason there is no
absolute connection between poverty and prostitution. Worthy of note is that the
123
criminalisation policy associated with prostitution seems to have benefited men whilst
victimising and stigmatising women.
The Indonesian Department of Social Affairs describes prostitution as all sexual rela-
tionships, other than those arising from legal marriage between a man and a woman, by
which either the man or the woman has a purpose to earn a living for her/himself or for
another party (Dhakidae 1979, p. 35). In the words of Troung (1992, p. 15), the principal
qualities of prostitution are ‘compensation’, ‘promiscuity’, and ‘emotional ignorance’
terms that are judgmental and that define those who provide the service as culpable. In the
Indonesian context, prostitution has survived across regimes, culture and epochs. Extreme
poverty, incapacity, permissive attitudes, complicity and complexity exacerbate the situ-
ation. The following discussion will highlight the convoluted intricacy of the issue of
prostitution.
Current Prostitution Policy Strategies in Indonesia
The districts in Jakarta and Bandung that constitute the target areas for this research are
essentially managed zones in which prostitution is tacitly tolerated. Whilst the contro-
versial debate on closing down or regulating these zones remain, the sex industry in these
areas continues to thrive. Hours of business respect the days of religious restriction or raids
by public order officers. Many adult entertainment places are a façade for prostitution
offering, for example, massage, karaoke and spa services. The veneer of tolerance, how-
ever, is contradicted by regular prostitution sweeps by law enforcers. The political
inconsistency is obvious when the aim of the public raids is to treat prostitution as an
offence against public morality, public order and public decency.
A common strategy used by the government of Bandung, for instance, is to buy land in
the red light zones in order to limit the property available to rent for sex commerce. The
strategy was adopted in the hope that it might reduce the number of people profiting from
the zones by renting their residential space to the sex industry. According to interviews
with two local community leaders, the government hoped this would substantively reduce
rentable accommodation in the area and as such deter those renting to sexual commerce to
find other sources of income. There is little evidence that these efforts have produced the
desired result—a reduction in sexual commerce in the so-called managed zones.
Nevertheless, random sweeping operations to target prostitution continue to rise, whilst
prostitutes arrested in these raids are given the option of paying a fine or proceeding to
court. The court may make a compulsory order for a prostitute to go to a Compulsory
Rehabilitation Centre by order of the Social Affairs Department (Balai Karya Wanita/
Women Rehabilitation Centre).There are several adverse implications for women of being
compulsorily detained in a rehabilitation facility. First, sending sex workers to a custody/
rehabilitation centre can lead to a criminal record. This can have a negative effect on those
who consider accessing other government services leading to a possible decline in the
number of vulnerable people using government services rather than making them more
accessible. Moreover, the social rehabilitation strategy creates a negative stigma and
encourages moral judgement with respect to rehabilitated women and young girls when
seeking/moving to other employment.
The policy actions manifested in the so-called ‘Social rehabilitation program for (sinful/
immoral) women’5 is a response to moral and social order pressures in accordance with the
5
‘‘Balai karya wanita-program rehabilitasi social’’/.
123
dominant values and views of Indonesian society.6 Reframing prostitution problems in

Indonesia through a critical systemic review is relevant and timely research given the
current socio-economic and environmental context of Indonesia with a growing urban
population facing food security concerns in cities that are predicted to accommodate 86 %
of the Indonesian population in the not too distant future (Indonesian Central Bureau of
Statistics 2013). This research raises the question of how the vulnerable will survive.
Clearly, policies are needed to address the major social justice issues. The effects of
convergent socio-economic, political, and environmental problems cannot be addressed
without looking at the causes and likewise prostitution as a survival strategy for some may
have to be considered in a different light than is currently the case.
The following discussion explores the diverse perceptions and discourses on prostitu-
tion, with a view to address and manage diversity through respective dialogue to achieve
democratic policy and practice outcomes that protect the rights of the vulnerable. The
perceptions range from the policy decision of normalising or criminalising the sex industry
to the social impact emanating from either. Table 4 includes quotations from in-depth
interviews. The table is developed from selected comments about the perceptions of
prostitution by differing stakeholders or service providers in Indonesia, some of whom
have survived prostitution and become activists working in NGOs. Some are from inter-
views with a number of socio-religious leaders who have witnessed and/or have experience
in dealing with prostitution. All of which demonstrates how different perspectives influ-
ence the weight given to particular aspects of an issue—in this case prostitution—and
impact upon the identification of possible solutions. The following categories sum up the
themes along the Indonesian policy continuum from so-called normative fundamentalism
to contextualisation to a social justice perspective.
Table 4 summarises the typical viewpoints of stakeholders across a continuum of dis-
courses on the prostitution industry from the most negative to the most progressive rea-
soning about ways to protect the vulnerable and to control the sex industry. It reveals the
diversity of standpoints that exist regarding the issue. The table establishes how the themes
of the differing standpoints, to some extent, can be closely linked or can be seen as aspects
that are interrelated in terms of yet-to-be policy response with respect to prostitution. For
some policy providers, prostitution is considered religiously intolerable, although the fact
that it is inevitable seemed to be acknowledged. Accepting that prostitution is
inevitable and addressing the actual social context in which it exists can be a starting point
for more progressive approaches. The normative approach, on the other hand, just con-
siders existing norms without thinking about the context and this is highlighted by those
who are located in the contextual frame on the continuum. Those who are on the rights end
of the continuum are actually responding to context, trying to balance the rights of pros-
tituted women and children with their need to survive.
Survival of the Most Vulnerable
By September 2012, the number of people living in poverty in Indonesia reached 28.594
million. This is based on a report by the Indonesian Central Bureau of Statistics (2012),
which estimated that the numbers represented 11.66 % of the total population of Indonesia.
This official figure seems to be comparatively low given the size of the population of
approximately 550 million people. Approximately 18.086 million of those people live in
6
See Riswanda et al. (2016).
123
Table 4 The continuum of views held by respondents on prostitution in Indonesian society. The views on
prostitution policy along the continuum range from intolerance through ambivalence to tolerance
Intolerance Ambivalence Tolerance
Conservative norms derived from a Open or responsive to needs by Progressive response arrived at by
fundamental religious standpoint accepting the social (and economic) balancing the rights and needs to
and/or primordial norms context in which the issue arises survive, by enabling people to leave
prostitution should they wish to do so
‘Most prostitutes say they work like ‘People are doing it regardless of what ‘Prostitution is an abuse in my opinion.
that [prostituting] because of the law says. That is prostitution in Either because the girls, at least the
economic reasons. But a lot of my opinion’ (NGO1) majority of them, are doing it against
people have financial problems, and their will, or are so emotionally
those who have good faith in their broken that they are not fully
religion wouldn’t become a mindful of the effects it will have in
prostitute, because there are a lot of later life. Keep in mind too that
poor people who survive and do not many are immature and brutally
sell themselves’ (GO3) maltreated. Yes, there may be some
prostitutes saying that they do it
because they love sex. I think we can
only find few of them saying it, even
if they are sex addicts, they have
emotional or psychological issues
that are not being addressed. Again, I
still think prostitution is selling ones
free will for cash. And it is
heartbreaking. These girls are risking
their lives.’ (NGO2)
Religiously intolerable Bound to happen People exploitation
Prostitution is clearly stated in Koran; ‘It [prostitution] is like a ‘I did not choose to be a prostitute. I
‘‘Don’t you come close to mushroom…the new ones always was trafficked. I was…at that
prostitutes.’’ So, not even being emerge’ (GO1) time…a trading commodity.
close to prostitutes is allowed, not Prostitution to me is to live your life
to mention practising the trade. in a terrible situation where your
Because it’s a bad deed, the most only choice left is to sell your body.
evil deed, the worst path of life.’ My opinion of prostitution is based
(GO4) on my past experience before I
joined this organisation, and it was
horrible.’ (NGO3)
‘Pollution (dirt) and taboo’ concept of Growing phenomenon Commodification of human being
the society as coined by Douglas
(1998)
‘[…] prostitution today is influenced ‘…it [prostitution] is in the blood. I ‘Personally I believe that prostitution is
by adigium or pameo: ‘‘sin caused mean since the age of Adam, that’s what people look for when they feel
by woman’’ and ‘‘you will fall if the history of human kind. Should like they have no way out. They feel
you are trapped by money, power they [prostitutes and their buyers] do valueless and it’s not about the sex,
and women’ (MBOs1 socio it secretly? That’s actually… the just like rape isn’t about sex, it’s
religious) supply and demand is continuous, about the money to prostitutes.
just like a need.’ (GO2) Everyone needs money for whatever
reason. But I could never prostitute
myself to anyone. Even if I had a
family and needed money to support
them I think I would consider
stealing money or clothes or
whatever before I ever considered
prostitution. I just think it’s a really
low form of life. And I think every
time you sell yourself, you’re giving
yourself away. And eventually
there’s no more of you to give.’
(NGO4)
123
Table 4 continued
Intolerance Ambivalence Tolerance
Primordial patriarchy Fated growing issue Degradation of human dignity for the
desperate
Prostitution is still prostitution ‘[…] the trigger [of prostitution] is …in Indonesia where prostitution is
whether we localise it or not. I agree mainly about economic emergency. criminalised by law, you will find
with the term ‘‘wanita tuna susila’’ They [prostitutes] need to eat while brothels close to common
[‘woman with immoral/sinful there is no employment or no neighbourhoods. The people living
behaviour’-this term is used by the suitable employment for them’ in the neighbourhood really just
government to label prostitutes in (GO5) close their eyes as prostitution is part
Indonesia] … some people have a of their normal days…Why?
luxury lifestyle that they can’t Because here in Indonesia we see so
afford…this can also drive people much economic and social disparity.
to see prostitution as a way out […] If you want to stop prostitution you
I think working as a prostitute is should see to it that wealth is
more about mentality, about distributed equally, the poor stop
desperateness. (MBOs2 nationalist) having too many children […] Some
people perceive women to be
responsible for financially supporting
the household. Girls are also
expected to make money to
‘‘reimburse’’ the cost to their parents
raising them. These customs are
quite profoundly rooted in
Indonesian culture. The significance
and importance of these expectations
can cause women to look toward
well-paid forms of work, like
prostitution. (NGO5)
Strong contempt and disapproval of Economic survival Concerns of the social and economic
prostitution wellbeing influenced by social and
economic disparity, surrounded by
socio-cultural aspects
‘If you say your prayers 5 times a ‘[…] Prostitution is a symbiotic Cipie (pseudonym) I think it will be
day…I believe your life will not be mutualism in economy. People better for women working as
in prostitution…if you keep your receiving benefits of prostitution are prostitutes to still be able to get a
faith in God, no matter how poor not only prostitutes and pimps, but better education…especially for
you are…your life will be just fine. also food sellers from kiosks around young prostituted women…they
But if you sell yourself for money the place for instance. And you have should be able to obtain an education
even to buy food…God will never to remember that in the prostitution while working in prostitution, so that
help you because prostituting your industry, there may be some when they improve their prospects
body is a big sin…’ (GO14) particular power elites involved.’ they can have a better job and leave
(MBOs3 socio-religious) the industry…Maybe our [gender
sensitive] knowledge[as professional
staff] to respect woman’s rights…
leads us to respect the dignity of a
woman…prostituted women are
victims…they are not criminals…we
should respect their rights as well as
other women who do not work as
prostitutes (GO6)
Strong belief in religion to keep one’s Economic aspects of prostitution leads Identity and equal opportunity for
distance from prostitution. For the to complicity and corruption everyone to access education must
believers, selling one’s body is to be respected and protected
sin against religion for whatever
reason
123
rural areas whilst the remaining 10.507 million live in urban areas. The following table shows
how widespread prostitution is in both urban and rural areas in Indonesia. It details the forms
of prostitution as well as the personal and civil profile of sex workers (Table 5).
Without education and skills, many women and young girls seek employment overseas and
end up working in the sex industry. The needs of some young female prostitutes to continue
their education are evident in many instances. In a book investigating the ‘hidden lives’ of some
high school and college students in the large cities of Indonesia, Sjarifoedin (2009) revealed that
in order to continue their school and university studies some students were obliged to work in
places that have the potential to involve them in prostitution. For example, a beauty salon that
provides standard services like haircutting but will also offer a full body massage and other
services depending on the customer. Amir narrates a story of how young people go to school or
university in the morning and work as prostitutes from afternoon to late at night. The poor socio-
economic circumstances in which they live and their personal and family circumstances, drives
them to live across both worlds, in order to pay for their education.
The book focussed on Jakarta, where many business establishments are able to provide a
façade for the operation of sexual commerce. Using the terms ‘‘cewek–cewek gaul
sekolahan’’ (outgoing and sociable female students), Amir portrays how the socio-eco-
nomic circumstances of Indonesian modern life can lure many young women into pros-
titution. The need to survive coupled with a more permissive social environment and
liberal social attitudes of those living in metropolitan areas in Indonesia, sustains the world
of prostitution.
Prostitution and the way the Indonesian government deals with it denigrates some people
in society. Public and moral order is consistently employed to control prostitution. People
involved in prostitution, particularly those who survive through the industry are regarded as
outside the boundaries of decent society. Yet society is responsible for creating conditions
that make survival all but impossible for many individuals. Those with minimal qualifications
are vulnerable, in the first instance, to a life of prostitution because they need to earn a living to
support younger or older family members. When they marry they remain vulnerable and if
they become divorced they may be drawn to find ways to support their own children. In a
worst-case scenario, young, divorced girls, seen as self-sufficient adults by law, are left
without essential skills to obtain well-paid jobs, so try their luck in urban areas to find a means
to support themselves. This, according to Irwanto et al. (2001) and Suyanto (2000), is where
they tend to get trapped in the prostitution industry. Still to this day, many women continue to
marry at an early age and face the risk of early divorce without an education or any means to
support themselves. Statistics reveal that the problem affects a high percentage7 of young
women aged 10–24 across 33 provinces in Indonesia (Statistic Indonesia 2013).
Nussbaum (2000) defines this sort of situation as a social justice issue. When the
concept of ‘disgust’ takes part in policy making and public debate, the formulated public
policy becomes independent of who has the power and voice. The powerless and voiceless
people can become (socially) excluded as they are deemed outside the boundary of, to use
Nussbaum’s (2010) phrase, the ‘popular emotional reactions of disgust’ (pp. 198–199).
Nussbaum critiques this circumstance which negates the humanity and equality of people
before the law based on a lack of respect and believes this harms those who live outside the
normative boundaries set by a society that is complicit in their exploitation.
7
According to Riswanda’s interview with Mrs BaikHati, approximately 70 % of young women living in
rural and semi-urban areas in Indonesia get married while they are still at school and almost half are
divorced a few years after.
123
Table 5 A typology of rural and urban female sex workers in Indonesia.Source: Puradireja and Coast
(2012)
Urban Rural P(a)
N % N %
Total 184 59.4 126 40.6 –

Age (years)(b) 22 (19–29) 26 (22–30) <0.001
Place of solicitation
Brothel 33 17.9 0 0 <0.001
Street/rail tracks/rice fields 50 27.2 11 8.7
Beauty/massage parlour/spa 68 37.0 0 0
Karaoke/bar/cafe/street stall 33 17.9 112 88.9
‘Freelance’ 0 0 3 2.4
Educational attainment
No schooling/below primary 23 12.5 55 43.7 <0.001
Completed primary school 69 37.7 58 46
Completed junior high 56 30.6 11 8.7
Completed high school 35 19.1 2 1.6
Marital status <0.001
Married 30 16.3 3 2.4
Divorced 79 42.9 104 82.5
Widowed 6 3.3 4 3.2
Separated 2 1.1 5 4.0
Never married 67 36.4 10 7.9
Multiple divorce ([1) 9 7.8 38 32.8
Migration status <0.001
Local 29 15.8 92 73.0
Intra-province 0 0 18 14.3
Inter-province 155 84.2 16 12.7
Religion
Muslim 181 98.4 126 100 0.274
Christian (protestant) 3 1.6 0 0
(a)
p values obtained from Chi-square and Mann-Whitney U test
(b)
Median age and inter-auartile range
No Voice, No Choice
This article discusses the life chances of the powerless, who are women, children and
transgender groups. The fact that they are powerless, not having any voice, resources and
means to exist, leads them to the commodification of the body because they have no other
way to earn a living. Those ‘warias’ who are transgendered are further marginalised.8 For
this third gender, their very status in society is in question. Here we consider some of the
8
According to research by Riono (2008), most warias rely on prostitution for survival, as a result of their
lack of education, older age, or experiencing social discrimination. Riono’s research conducted in Jakarta,
Bandung and Surabaya indicates that 94 % of warias are involved in prostitution.
123
accounts of the experience of warias9 in Indonesia. The purpose is to underline how

difference and diversity can determine one’s quality of life in a society in which being
different can be a subversive act in itself.
As individuals, warias are regarded as citizens. However, their right to live a life in
which the right to equal treatment as citizens is ignored whereby they are confronted by
prejudice due to their sexual orientation. Furthermore, as a direct result of prejudice and
regardless of whether warias engage in prostitution or not, they are frequently subject to
violence by law enforcers. Warias need to cope with rejection by their social environment.
The rejection is based on the grounds of religion and ‘morals’. ‘‘Sesat’’ (to lose one’s way/
to be misled) and ‘‘menyimpang’’ (deviant/odd) are the common terms given when
referring to warias in Indonesia.10 Their existence can be offensive for some people who
uphold strict moral religious values and favour non-mainstreaming gender.
Recent discourse on LGBTI (Lesbian, Gay, Bisexual, Transgender) in Indonesia has marked
the struggles of the minority for acknowledgement, and for the unjust treatment they have
suffered. Warias and prostitution are part of the discourse. The difference in sexual orientation
often becomes the justification for particular law enforcers to refuse to treat them as they would
other citizens. Ariyanto and Triawan (2008) raised the issues of violence and discrimination
faced by warias in Indonesia in their book; these issues later attracted the attention of inter-
national human rights support organisations such as Amnesty International, Asian Human
Rights Commission and The United Nations Special Rapporteur on torture. In one of the
sections (pp. 71–76), the book refers to cases where, in some Indonesian regions, public policies
on prostitution are formulated and executed based on stigma and prejudice against LGBTI. The
authors critique the views of some local authorities that define homosexuality as prostitution.
The book exposed victims’ stories of how they were dragged out of their own homes by
neighbours for being alone with their partners. People would break down their doors
without any warning and one couple was accused of prostitution and offending public
order, before being tortured by neighbours and police officers.
Indeed, the government makes little effort to hear their voices merely because they are
different in sexual orientation and appearance. In Indonesian society, being a sex worker is
regarded as a criminal offence. The struggle to fight for their rights through NGOs to recognise
their humanity and that they survive on the margins through prostitution has never been
acknowledged. During, the field work on which this article is based, the lead author interviewed
two members of the Indonesian Sex Workers Organisation who spoke of the difficulties expe-
rienced by its members with respect to the name of their organisation. Which in the end needed to
be changed by this organisation (called Organisasi Pekerja Seks Indonesia or Indonesian Sex
Workers Organisation) to OPSI-Organisasi Perubahan Sosial Indonesia (Indonesian Organisa-
tion for Social Change). Thus it used the same acronym but changed the name although everyone
knew what kind of NGO it was. If they had continued to use the name Indonesian Sex Workers
Organisation this could place them in a more marginal position in terms of mediating the interests
of their members who are still surviving through the industry whilst still making use of the
Indonesian government support that is available. In spite of the fact that the Indonesian Ministry
of Law and Human Rights never really accept them as a legitimate NGO, international donor
9
‘A ‘‘waria’’ is an Indonesian transsexual. [The term is] derived from the word ‘‘wanita’’ meaning woman
and ‘‘pria’’ meaning man. Waria is known as Indonesia’s third sex. This century old tradition is largely
accepted as part of Indonesian culture. However, it is one that does not sit easily with Islam since Islamic
law acknowledges only two sexes, male and female See Brooks 2014, 01.53–02.54.
10
From the lead author’s interview with ‘‘S’’, a waria and former prostitute, who is now directing an NGO
mainstreaming prostitutes’ rights in Bandung).
123
agencies such as the Global Fund, United States Agency for International Development
(USAID) and the United Nations Development Programme (UNDP) have supported them.
Consequently, NGOs, like OPSI are only able to survive by receiving grants from INGOs.
In the matter of equal access to employment, warias remain discriminated against. Most
government and private organisations in Indonesia refuse to employ warias. Using data up to
2005, according to Sitompul (2007, p. 1), Jakarta alone is home to 3 million warias, of which less
than 5 % work in the formal sector. Public protests to demand their rights to obtain employment
and to have access to government support as a citizen of Indonesia have had little effect.
The book cover above shows a demonstration conducted by groups of warias holding
banners saying ‘‘waria berhak mendapatkan pekerjaan’’/waria has the right to employment.
Being warias does not necessarily mean they want and/or only have the skills to work in
beauty salons.11 However, the social stigma and discrimination leaves them with very few
choices.. Unfair and prejudiced treatment against those in the LGBTI groups seems to
breach human rights principles guaranteed by the constitution. As McIntyre-Mills and De
Vries (2011) argued, ‘if one is able to reason then one ought to do so and society should
support this in every way possible… we need to consider that… we can be free to the
extent that we do not undermine the freedoms of others’.
Brooks (2014) in his documentary on the life of warias in Indonesia. Revealed how
social exclusion has denied warias the same basic rights and opportunities as other
Indonesian citizens.
I want people to open their eyes and mind. Transvestites are humans. We are created
by God and we must worship Him. And as transvestites, we have the right to worship
Him. This is applicable to all religions. Christians, Confucianism… Hindu…they all
have to be able to practice their own religion. When a man or a woman wants to learn
how to pray, there is a place to go. But if transvestites wanted to learn how to pray or
go to an Islamic school, they would never be accepted. People only view
11
In Riswanda’s interview with L (8 January 2013), a waria who is now a managing director of Srikandi
Pasundan, a well-known NGO mainstreaming the rights of Indonesian transgender groups, spoke of the
preconception that warias can only work in beauty salons, or else as singing beggars or prostitutes. This
perception has shaped the government social programs that address the issues of the warias.
123
transvestites in negative aspects. This Islamic boarding school is the place of worship
for transvestites. It’s a place for them to learn about Islam (Brooks 2014,
00.56–01.53).
For warias, one of the downsides of working as prostitutes is that sometimes they are
treated with cruelty by particular law enforcers when caught engaging in street prostitution.
As one wariare called:
When I was 14 to 15 years old, I was a prostitute in Alun-Alun, Yogyakarta. I made
between Rp. 2000- Rp. 3000 [AUD 20-30 cents] which was considered a lot of
money [at that time]. Nowadays, they get paid between Rp. 20,000-25,000 [AUD
2.00-2.50]. [once] I was beaten by the national police. They hit my arm with a gun.
They stripped me naked. … I wanted to live my life accepted in this society…like a
normal woman would… [in the hope that if] we can do bridal make-up, haircuts, etc.,
we can blend in and be accepted in the society. (Brooks 2014, 13.28–1925).
Chenny Han, the Chairman of Forum Komunikasi Waria se-Indonesia (Communication
Forum of Indonesian Warias), states that discriminative treatment against warias continues
even after they have died. As Hadriani (2013) reveals:
We are living a sad life. When we are still alive, we are hated, abused and even have
to run away from Public Order Officers in times of raids. Some of us work as
prostitutes on streets…we are swept off because we are seen as public order
offenders. The saddest part is that we are still disgusting when we are already
dead…generally, warias do not have identities…most of us have been rejected by
our family. So when we die… a new problem arises. Even when we are in hospi-
tals…people always come up with [discriminative] questions as to whether we want
to be examined by a male or a female…when one of our [forum] members dies, I am
able to help…the sad thing is when the person [warias] has no identity …the social
department put them [the bodies] with other unidentified bodies and do a mass
burial.’’ (pp. 1–2).
The case of the waria demonstrates that a loss of identity and a voice severely stig-
matises those forced to live at the margins of society. This article highlights an argument
that, for the sake of social justice for all, people must have the equivalent right to choose
whether or not they want to engage in prostitution, just as they have to choose or discard
any other kind of work. The issues prostituted people face, in spite of fierce abuse, are a
product of legal and social systems that disrespect the equality of rights and the value of all
individuals. Some people, who would prefer to do another job, resort to working in the sex
industry because they have no other choices. The policymaking on prostitution thus needs
to give the same choices for economic survival to all, particularly in the case of women and
vulnerable children trapped in prostitution.
The ‘no-choice ‘justification for engaging in prostitution often invites merciless com-
ments for being shameless, sinful, blameworthy and such, without considering the facts
that there must be hidden, valid reasons for doing what they do. Their ability to endure
poverty, losing parents, husbands and other close relatives, or that some way to survive
without socio-economic support networks must go on, is often forgotten. All human beings
have the right to dignity and respect. A media report highlighting the typical life of a
prostitute in Indonesia illustrates how tacit acceptance of people engaging in prostitution
contradicts the public stigma or label attached to it as an unacceptable activity:
123
Almost everyone does not like me. They all say I am a hooker, and that is why I have
to be socially isolated and avoided. [They do not know] the fact that I am doing this
for a reason. I need a decent life. [I need] a lot of money to support my family […]
my father is a rice farmer, and my mother is just [a low wage labourer for] peeling
onions in [my] village. I have 5 brothers and sisters that I feel sorry to have seen
them living in poverty […] I have to take every job [offered] although in the end I
finally find out that this job [prostituting] is forbidden by religion (Berita Informasi
Seputar Indonesia Terkini 2013, p. 2).
Ambiguous Public Policy
Attempts to review public policy in relation to sex work will certainly fail if no regard is
taken of the impact that this particular activity has on society as a whole. According to the
lead author’s own observations prostitution in Indonesia appears to be fairly widespread.
On Java Island, for example, prostitution is prevalent from the urban and metropolitan
areas to the rural areas or peripheral towns. In Jakarta, prostitution is observable in some
public parks, on the streets, plazas, cafes, and discotheques, as well as in brothels within
red light district sand hotels that are ‘designated’ and subject to raids from time to time.
The involvement of young girls of elementary or junior high school age in underground
prostitution is also known commonly as part of ‘just another day’. Apart from the gov-
ernment standpoint that places prostitution outside of authorised complexes or brothels as
against the law, the general presumption among the public, which regards prostitution as
immoral the issues remain unresolved in policy terms. Given the social stigma, women and
more so young girls, are generally worried about their involvement being exposed, espe-
cially by people close to them. They may operate covertly in groups, the young prostitutes
in particular, so that their parents will not find out. The consequence of this is that there are
grounds to doubt the number of women and children drawn into underground prostitution.
The occurrence may be higher than any observer realises, particularly as pressure to close
down suspected prostitution locations came from some socio-religious groups, and was the
after-effect of the criminalisation policies instigated by some local governments.
Oey-Gardiner (1997) argues that social and cultural factors impact on girls having less
education than boys. Despite the fact that Indonesian marriage law allows girls to get
married at the age of 16 or younger, the problem is that the early marriage is usually not
supported by a good financial situation, placing the young couple in financial hardship
(often associated with the need to support children). This circumstance may lead to
prostitution to enable the survival of the woman and her children.
It is evident that the problem of earning a living for young, unskilled women is
widespread. Yet the policy response to prostitution has focused on addressing the effects of
women’s lack of employment skills and education through the policing of prostitution,
rather than investing in promoting pathways to alternative income generating activities. By
treating the women as criminals, the focus has been on limiting street prostitution through
the arrest of prostitutes, rather than those who purchase their services. Furthermore, less
attention is given to less conspicuous forms of prostitution. While prostitution is illegal or
abolished or criminalised, a system exists whereby a certain number of brothels are
allowed to function within predefined areas, certain times and with particular arrangements
with police who check the premises at irregular intervals. This is to ensure that no other
types of unlawful or unsolicited acts are taking place. However, the ongoing ‘‘semi-legal’’
123
situation leads to protests by some socio-religious community groups, citing concerns for
corruption, bribery of the police or social agency officials. They are concerned about the
way in which decisions are made about permission to operate and which place needs to
shut down, due to the blurred implementation of the policy on prostitution. An alternative
policy approach needs to consider responding to the systemic contextual issues of poverty,
limited life chances and the inadequate protection of the rights of people in the sex
industry.
According to Martudji (2011, p. 1), on certain days police officers check up on pros-
titutes at brothels in Indonesia. The investigation often happens as a response to pressure to
close an establishment down. As an example, Martudji refers to a particular case where the
complaint originated from the Majelis Ulama Indonesia (MUI), the Board of Muslim
Religious Leaders, under the pretext that the brothel was responsible for, or was the origin
of, the spread of the HIV virus.12 As a result, prostitutes found on the street were arrested.
Yet brothels tend to close but re-open again with the tacit approval of particular police
officers who sometimes make use of the services themselves. Some police officers help to
clear the status of certain brothel houses as acceptable. A newspaper ran a prostitute’s
confession as headline news saying that many police officers are regular customers in their
place of work, which is a brothel house (Serambi Indonesia 2011, pp. 1–2). Prostitutes
working there might perceive what they do as legal given the fact that either law enforcers
or NGOs know about the brothel house. According to the prostitutes, NGOs and the local
government checks up on them routinely to give public health education such as advice on
the use of condoms to avoid the spread of HIV. They also claim that the government
invites them to go to seminars to raise their awareness about HIV. This health education
program, along with the fact that some users of the sex industry are law enforcers, makes
the prostitutes think that what they do is legal. Protests then arise when they are arrested
and the brothel is closed down:
…the [local] government, urban village head, subdistrict head […] [and NGOs]
YayasanTanpa Batas, OrganisasiPerubahanSosial Indonesia know our practice [of
providing sexual services] in this house. They have visited us plenty of times,
informing us about how to anticipate and to cope with the risk of HIV… that means
this [brothel] place is official [permissible]…that is why we are wondering why we
get arrested… (Serambi Indonesia 2011, p. 2).
The above case demonstrates the inconsistency of policy action by Indonesian
authorities with respect to prostitution. This contradiction creates instability among those
relying on the industry for their income. Furthermore, even though the local government
officials realise that brothels will reopen, there is a failure to act conclusively. Martudji
(2011) argues that while the local government in East Java, for instance, is happy to give 3
million rupiahs to each sex worker at a brothel which is closed down there is little follow
through or other forms of support. While the government simply expects that giving money
would help ‘ex sex workers’ to start a business, for example, the reality of the sex worker’s
lives is far removed from one in which they have many choices with respect to income
generating activities that they can participate in or use their skills’. These actions may
simply drive the industry underground.
12
According to Indonesian Interfaith Network on HIV and AIDS (INTERNA) cited in Martudji (2011,
p. 2), the number of people with HIV/AIDS in the city is 5091, which is higher than Papua (4005 people)
and Jakarta (3998 people).
123
One of the reasons given by prostitutes for people entering the industry is the potential
to earn a lot of money quickly. Tampubolon (2010, p. 1) revealed that high-end prostitutes
in Jakarta, for example, could take home Rp 15 million–Rp 30 million (USD 1755–3510)
per month, and are able to ask for more than Rp 3 million (USD 350) per session. Those
entering prostitution for money come from both middle-class and poor families, while
women who engage in the high end of the market already have money for clothes, transport
and accommodation. Higher rewards would often mean they could service fewer clients.
The policy response to prostitution in practice continues to take into consideration the
views of stakeholders, such as religious community groups, which focus on moral con-
siderations and these are taken into account in the policy making process. However, a
singular emphasis on the question of morality and prostitution is removed from the ethical
considerations. Islamic religious groups may represent the interests of sectors of Indone-
sian society that see prostitution as immoral and sinful but dismiss the views of other
stakeholders in the non-government sector. Inclusivity in policymaking is paramount to a
just outcome and requires policymakers to consult with different sectors of the population
before making a decision. The principle of subsidiarity is based on the idea that all people
should be part of the decision making process, and that decisions should be inclusive and
made by people who for whom the policy might have the most impact.13
Policy responses should be based on perceived need. A way to redress narrow prag-
matism and to move closer towards achieving social justice is to think in terms of both the
ideal and the consequences not just for some or the majority. Ethical policymaking and
governance requires a consideration of diverse needs. The basic axiom underpinning
critical thinking and systemic approaches, according to McIntyre-Mills (2006a, b, 2014) is
that people can be free and diverse to the extent that they do not undermine the freedom
and diversity of others. Children and young people are often the losers in a democracy that
fails to emphasise responsibility to act in ways that protect the voiceless. A policy maker,
therefore, needs to consider the consequences of a decision for all, not only for a few
stakeholders. Policy decisions should be based on a careful consideration of the conse-
quences of a criminalisation policy for service users and service providers. In Sweden, for
example, the service providers are decriminalised and the clients and pimps are crimi-
nalised (Ekberg 2004). In Indonesia, legal practice is very different with tolerance and
criminalisation operating within the same policy space.
Prostitution in Indonesia is no longer restricted to a particular red-light district or
brothel houses or certain locales. The network of prostitution extends to and across all
elements of society. Indonesia needs to deal with not only visible prostitution but also the
occulted dimensions of the sex industry including that of child prostitution. By the time a
woman is arrested she may have worked as a prostitute for many years. According to
Asmarani (2004), the selling of child prostitutes was carried out using a food stall as
camouflage in a heavily populated area of South Jakarta. The article noted that the problem
increased after thousands of Indonesian children were known to have been exported as
sexual chattels to Malaysia, Thailand, Japan, Australia, Hong Kong and Singapore. Even
though the Indonesian government, via the Ministry of Women’s Empowerment and Child
Protection, has dedicated resources to the problem, the criminalisation of prostitution
merely occults child prostitution and sex trafficking in children. The effect has been to
exacerbate the problem of an expanding sex industry presenting a far greater challenge for
policy makers to find a long-term solution to end prostitution in ways that might offer
13
This is argued in detail in Systemic Governance and Accountability (McIntyre-Mills 2006a, b), and is
based on the law of requisite variety.
123
vulnerable adults and children improved life chances and capabilities outside of the sex
industry.
Street prostitution is conducted mostly by female prostitutes who are poor in terms of
education and income generating skills (Monroe 2005). Ironically, where lawmakers
continue to target the service providers, the clientele are not targeted. Diani (2007), in her
media investigation, mentions that intermittent sweeping operations are conducted by law
enforcement officers, making prostitutes move from one place (street) to another. This may
force them to move from relatively safe to unsafe or dangerous environments whereby the
risk of arbitrary violence and ill treatment such as harassment, physical violence and non-
payment of services are more likely to occur. According to Diani, almost all prostitutes
work in very stressful conditions. Only very few of them can live in comfort as so called
‘high class prostitutes’.
The creation of dangerous spaces in cities where prostitutes can be attacked has led to
‘slum clearance’ without addressing the conditions that lead women to choose a life of
prostitution because they do not have other options. The dangerous working environment
of prostitutes may explain why some women’s organisations and civil liberties associa-
tions, along with individual volunteers and prostitutes, have sought policy solutions that
could protect women. The main condemnation of prostitution has come from politicians
and political representatives, regional legislative assembly of anti-prostitution policy and
religious groups. In recent times, there has been media coverage of street demonstrations
by sex workers regarding the police raids on their workplaces (TVOne 2009). In which
banners carried by prostitutes decry their identification as shameful members of society
when they only provide services to those who seek them and they do not harm others. Most
especially these demonstrations focussed on the need to revise regional policy no. 15/2008
with respect to closing down brothels in the region. The protestors argued that although the
capacity building to enable the prostitutes to work in other legal industries has been
conducted by the government, for them to engage in other types of work, they would need
training relevant to the present labour market not in areas where there were insufficient
jobs for female workers.
A review of past policy experience on prostitution shows that while it is illegal to profit
from sexual services,14 the Indonesian government faced considerable difficulties in its
attempts to eradicate prostitution. Consequently, the localisation of the sex industry in
managed zones was deemed an acceptable alternative at least in the short term. Never-
theless, even with some regulation of brothels and the requirement for workers to become
registered for health checks it was virtually impossible to identify the exact numbers of
people working in the industry. According to Jones et al. (1995), this is due, for the most
part, to the different sexual services they provide. The table below illustrates the ongoing
involvement in the sex industry and those involved in it by district post ‘legalisation’ in
Indonesia (Table 6).
Prostitution requires a much broader policy response to address ways to prevent people
entering the industry and more sanctions applied to those who exploit service providers.
The first point to make is that the legalisation of prostitution has not created much of an
increase in the numbers of prostitutes during the periods 1989–1995. Second, the legali-
sation of prostitution can place young people at risk.
Advertisements in newspapers, for example, continually attract young women to enter
prostitution. This could happen especially when brothel managers or pimps offer the young
14
Enacted by the Indonesian government in the Criminal Code (KUHP-KitabUndang-UndangHukumPi-
dana/Penal Code) articles 296, 297 and 506.
123
Table 6 Number of registered prostitutes in Indonesia period of 1989–1994 [These are periods where
prostitution activities were still regulated (controlled by Dinas Social (local Office of Social Affairs) and the
police under Ministry of Social Affairs), whereby Indonesia still had 27 provinces and almost all policy-
making decisions were centralised].Source: The Indonesian Ministry of Social Affairs, cited in Jones et al.
(1995)
Province 1989–90 1990–91 1991–92 1992–93 1993–94 1994–95
Jakarta 10,195 6178 3251 3751 7772 9000

West Java 5004 6534 6083 6333 6175 1351
Central Java 6556 647 6280 6280 4823 8842
Yogyakarta 1120 1036 952 952 985 1307
East Java 14,194 1553 4704 4704 12,426 14,190
Aceh 640 810 865 910 149 149
North Sumatra 3334 3036 2986 766 3078 4850
West Sumatra 245 350 450 490 300 132
Riau 1992 2480 2461 2151 4157 4277
Jambi 485 497 448 356 316 494
South Sumatra 6959 7729 7940 7729 4001 7778
Lampung 1859 173 1106 1065 3908 3513
West Kalimantan 1120 1823 1382 1656 1656 1656
Central Kalimantan 768 738 852 852 1888 1088
South Kalimantan 1089 618 675 673 340 826
East Kalimantan 3529 3474 3678 2060 5000 4449
North Sulawesi 393 795 250 250 1057 1106
Central Sulawesi 239 336 336 200 366 400
South Sulawesi 626 394 2637 1584 739 621
South East Sulawesi 290 350 417 417 435 435
Maluku 602 647 671 721 869 987
Bali 615 612 835 835 1588 849
West Nusatenggara 417 400 443 603 597 758
East Nusatenggara 560 692 669 660 597 758
Irian Jaya 818 1163 1264 1061 1632 1074
Bengkulu 287 300 350 365 434 375
East Timor 509 454 404 30 173 534
Published total 64,445 49,619 52,389 47,454 65,059 71,281
women (particularly in rural and regional areas) with a lack of education and skills, a
higher earning capacity than other occupations. Therefore, if the contextual approach were
chosen without the careful implementation of the regulation of advertising, it would put
young women at greater risk.
A strong argument needs to be made to think strategically about addressing migration
issues from rural to urban areas, in order to create a balance and to think of ways to address
the demographic transition. Especially those that empower women so that they have
greater literacy and numeracy and opportunities that allow more control over their bodies
and the choices that they make in life. The strategic empowerment of women is absolutely
essential in making policy to prevent women opting for prostitution merely because they
do not have any other choices. This can only occur once women are empowered, in terms
123
of developing capabilities that will enable them to live a life that fosters their capabilities
enabling them to achieve quality of life. At the very least, they need to have more control
of their choices and the implications it has for their personal capabilities and rights. The
capacity to make decisions about their own lives and bodies, the right to education and a
political voice, the right to respect and leisure are vital. Currently, many engaged in the
industry do not have real choices because they are illiterate, innumerate and unable to
control their earnings (Nussbaum and Glover 1995). This Indonesian case study, reveals
that women have yet to be given a voice in policy decision making.
As previously mentioned, the strategic empowerment of women is absolutely essential.
Empowerment here is used in the sense argued by Sen (1999) and Nussbaum (2000) that
educated women are free to make their own life choices and to control their earnings.
Indonesia is already moving in this direction and so the policy needs to be linked with
gender mainstreaming and citizenship rights for young people. The new problems that
emerge need to be the focus of new policies (Anderson, cited in Bridgman and Davis
2000). Moreover, legalisation without proper coordination can create further problems. For
example, prostitution raids controlled by police officers in Jakarta may lead to prostitutes,
particularly street workers, relocating to other cities or other types of prostitution. Thus, the
current policy on prostitution (Kementrian Koordinator Bidang Kesejahteraan Rakyat
2005) leads to pimps closing their brothels in order to operate outside of government
administration or to open unofficial brothels away from the managed zones. While the
legalisation of prostitution may improve government efforts to control the sex industry it
does not necessarily improve the lives of prostitutes.
It is vital for the government to clearly state ‘the extent of behavioural change required’
from the implemented policy on prostitution because the sex industry continues to thrive
regardless of the written regulation. Imps running underground brothels can get away with
their illegal acts. The fact that the number of sex workers and their pimps keeps increasing
since paying them Rp. 15,000 is not really creating an impact if the poorest prostitute can
earn AUD100 (around 1 million rupiah) monthly while a ‘high class’ prostitute can earn
about AUD3000 monthly (Jones et al. 1995, p. 38). According to a study by the Centre of
People Development (PKPM) Atma Jaya University, collaborated with the United Nations
Population Fund in Indramayu and Banyuwangi (cited in KOMPAS 2003, p. 1), 68.8 % of
sex workers in the two areas work for pimps that have a monthly income of 1.5 million
rupiah and can reach 10 million rupiah when demands for their workers are high. For the
pimps, a weak legal system in Indonesia can also make the sex industry a commercial risk
worth taking.
Therefore, an alternative approach on prostitution is the criminalisation of anyone that
profits from it, namely pimps, traffickers and also men trading women for prostitution. The
prostitutes themselves, on the other hand, should be seen as unimpeachable in order to
enhance their chances to move on to other occupations. In general, there are many con-
structions of gender in Indonesia, which are themselves multifaceted and culturally
changeable depending on how the term gender is used. In many cases, for Indonesian
females, the common perception of gender is likely to be on the biological reproduction of
children and social reproduction. Many young females who live in remote, rural areas end
up looking after their younger sisters or brothers, and even children of their relatives, rather
than enrolling in formal education, inside the institution of ‘family’.
The power imbalances associated with gender discrimination result in every part of
prostitution comprising of violence against women, a stance that is called ‘neo-abolitionist’
in some literature (Doezema 1998). The advocates say no to deliberate prostitution as
work. The ‘neo-abolitionist’ gathers together women and children as the nuance of
123
analysis. In the issue of prostitution, gender perspectives can be somewhat deterministic.

Even supposing boys or men, girls or women, discover and internalise norms or customs
regarding what it means to be men and women (including norms that might lead to the
commodification of sex) they can also act in response to and cast doubt on these norms.
Gender analysis, thus, calls for another facet if it is to be used to analyse the causes of the
exploitation of women and children in prostitution for policy-making review. Since
prostitution is explained by some as ‘violence against women’, it is essential to define the
term ‘violence’. Recent reports (WHO 2002; Pinheiro 2006) defined sexual violence as the
deliberate use of physical force or power, in danger of extinction or actual, against a person
by an individual or group, that either causes or has a high possibility of causing real or
potential damage to one’s health, survival, development or self-respect. A study on sexual
violence indicated that females suffer considerably more sexual violence than males’
(Pinheiro 2006, p. 7) for the reason of gender-based power relations.
Nevertheless, the contemporary literature on prostitution takes account of studies sig-
nifying that, to some extent, women have significant power over both their own bodies and
those of their customers (Hart et al. 2002). Likewise, those engaged in prostitution can be
‘an active agent in their own lives’ (James et al. 1998). This disputes the conformist view
of prostitutes as passive victims, though this is not to refute that there are countless
conditions in which the exploitation of women and children in prostitution cannot be said
to be ‘voluntary’. Rather, the existence of ‘sex slavery’ in some instances should not
complicate the multifaceted actualities and diversities of other means for the exploitation
of women and children in prostitution.
Some studies indicated that there are prostitutes who also have engaged in other work
prior to entering prostitution, and that prostituting may be an additional part-time or
occasional job to get more income (see Lalor 1999; Pedersen and Hegna 2003). Moreover,
another research reported that even some young prostitutes are in the hunt for customers
while others are active as pimps (see Baker 2007; Duong 2002; Montgomery 2001). It is
argued that some prostitutes may have made choices to enter the sex industry, but they are
not deciding on the base of complete information as regards to consequences and whether
they might actually have options.
This research addresses dialogue on a diverse understanding of prostitution to come up
with better policies and inclusive policy making, taking into account the social, economic
and political structure in which the issue exists. This is reproduced at two levels in
Indonesian society, namely the private level of family life, and the social or public sphere
that triggers individual actions. In addition, market demands for prostitution runs through
economic motivations of people entering the sex industry, where the cultural bases of
sexuality, disparity and economic rationality operate all together to produce each sexual
transaction between the prostitute and the customer, not counting the intermediary (pimps,
brothel owners, traffickers) that also benefits from it.
Drawing the Line to Protect Minors and Those Without Rights

or the Capability to Make Real Choices
All forms of exploitation ought to be a criminal offence. This is where the policy line needs
to be drawn and why it is vital to empower women so that mothers can protect the life
chances of their own children. Hypocrisy takes many forms.
123
Every year, between April and August, for instance, there are many Arabians come to
‘Puncak’ [name of recreational place in rural areas in Bogor]…Roughly speaking, they are
looking for prostitutes. The way they consume the sexual service is unique. They [the
Arabians] marry the women they like. We call it ‘nikahsyiri’ [‘NikahSyiri’ is marriage
performed just according to Islamic Law (Sharia), without registration according to the
Marriage Law in Indonesia. It is usually carried out clandestinely. The community supplies
these women…sometimes their own daughters or relatives, they provide the marriage
guardians and they set up the situation for the Arabians. As an exchange for this service,
the Arabians pay money as ‘mahar’ [bride price]. After a while, usually 3 months, the
women will be divorced. They don’t want this transaction to be called prostitution though.
(Interview with MM, NGOs Socio religious, 26 December 2012).
Thus, some people (users) misuse ‘nikahsyiri’ to sideline current criminalisation policy.
Since marriage by ‘nikahsyiri’ is unregistered, just following the condition of Islamic
(Sharia) law, this kind of marriage is often misused by some people to gain temporary
marital status. This is actually a hidden practice of prostitution as the marriage itself is not
genuine in nature. Complicity is played out by separating young girls from their own
homes, by taking their rights away to have, at least, basic education at school and to live
their teenage years safely and positively. This kind of prostitution not only requires young
girls to work as a commodity of the prostitution industry for the benefit of some people, it
also makes many live in fear of their own parents and family. As one youth religious
community leader remarked the practice of ‘nikahsyiri’, is usually carried out by imme-
diate family members with the help of relatives and the wider community.
Public opinion on prostitution within Indonesian society is divided between two
divergent views. The fundamentalist view is that it should be controlled due to public
displeasure and downgrading as social shame, which can be endorsed by law against public
order. According to this view, prostitution is related to a community’s values to say that the
sense of shame or disgust is rooted in the societies’ cultural traditions and moral teachings,
which can demonstrate how fundamental the valuation of prostitution is within the
Indonesian society. The closest term for those holding this view is moral-religious advo-
cates. The contextualist view is that prostitution is tolerable between consenting adults as a
sexual transaction between a willing buyer and a willing seller. It is a private business
between two individuals, and even if prostitution may be criminalised by law, it is con-
sidered a victimless crime if the seller is able to make an informed choice. Consequently,
the government and society ought to provide policy to manage the safety of those who sell
their services. This is associated with the need to criminalise the buyers of sexual services
(if they are not underage) and to ensure the strategic rights and empowerment options for
women.
With the influence of globalisation, many countries may share similar problems across
many fields. It is becoming more common for policies, programs, improvements, ideolo-
gies, or information to spread from one place to another. In terms of policy-making in
Indonesia, the policy transfer process from national to regional levels is related to the
existing politics of decentralisation. Policy transfers ‘refer to a process in which knowledge
about policies, administrative arrangements, and institutions in one place is applied in
another context. Policy transfer is either voluntary or coercive. The controversy of
Sharia15-based local policies adopted by many provinces in Indonesia reveals the com-
plexity of policy solutions adopted to cope with the issue of prostitution.
15
Sharia is Islamic religious law that oversees religious customs and provides guidance of everyday life in
Islam as to reflect Quran (Islamic sacred book) and Muhammad’s examples (Esposito 2003).
123
Indonesian political decentralisation, through the implementation of Act No. 22/1999,

which was later renewed by Act No. 32/2005, has developed a political system that places
the autonomous region in a principle role in the management of policy-making areas. In its
development, the implementation of the decentralisation is diverse and one to which the
provincial regions have responded differently. The responses can be a consequence of the
implementation of the regional autonomy politics itself, but might also indicate that the
autonomous principle has prompted many local governments to be innovative in the
context of policymaking and to implement policies that are often misunderstood by sig-
nificant sections of the community, even among experts. The liberal scope of local gov-
ernment in interpreting policy transfer from the national level encourages many local
governments to be very active in the delivery of public policies, including local regula-
tions. As a result, many local regulations are found to be incompatible with national
legislation. Consequently, approximately 12,000 regulations are being reviewed or due to
be cancelled.
Within this policy making milieu there are 22 regions that have developed regulations
related to the issue of morality and public order based on the Shariah. These regulations
reinforce the stigma traditionally associated with prostitution based on a collage of beliefs,
most of which are not rationally defensible. Such as, the danger of female sexuality, the
rapacious nature of male sexuality and that only within marriage is the ‘good woman’
expected to engage in sexual activity. To criminalise the client who buys sex along with the
prostitute who sells it reflects social justice since this would cope with both the individual
and collective harm issue. Yet advocates of the decriminalisation policy argue that it is
disingenuous to put prostitutes on trial or criminalise prostitution but not the client.
Moreover, with respect to policy making, to what extent are people of the local community
consulted? Occasionally they are listened to, but in most instances, their opinions are not
taken into account at all.
The dominant stakeholder view in Indonesia is the government, which to a very limited
extent, is shaped by the powerful, whilst those who have limited life chances are silenced.
Perhaps, in the ideal sense, criminalising users and profiteers of the prostitution industry
may be an excellent policy strategy in a small population with a much higher overall
standard of living. Criminalising users and decriminalising providers fits best in the above
context but the trouble with this approach is that it would leave some people vulnerable
since engagement in the sex industry is a means of economic survival. A better government
approach may be to make the existing prostitution industry fair, transparent and safe for
users and providers.
Conclusion
This study addresses the areas of concern in the Indonesian policy on prostitution. The
policy line makes room for idealism for what ought to be done rather than what is currently
done in the prevailing circumstances. This study argues that policy making on prostitution
ought to be centred on the assumption that prostitution places women and children engaged
in the activity at high risk of a life of exploitation, degradation and illness associated with
sexually transmitted diseases. Devoid of demand, there would be no prostitution. It is
certain that demand affects supply and a well-marketed supply can give rise to a demand.
The supply and demand circumstances create implications for social justice. For
Indonesia, in particular, there is a need for some uniformity in the application of the
123
prostitution law. People need to know what their rights are in practice so that they can
make an informed choice. A clear distinction needs to be made between criminalising the
service users versus service providers as in Swedish law. People who work on the one side
of the border might be legal, and when they step over to the other side of the border it is
illegal. In reality in Indonesia, if prostitution occurs in a certain locale then it might be
considered ‘acceptable’, but if it occurs outside of this locale it is likely to lead to criminal
charges. Thus, the legal system fails in delivering justice to those engaged in the sex
industry whether it is children unable to give consent, warias whose oppression offers few
choices for income generation or women whose responsibilities and limited life choices
place them all in a legal lacuna even if temporarily, exacerbating the their multifaceted
precarious existence.
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Prostitution and Human Rights in

Indonesia: A Critical Systemic Review of

Riswanda, Janet McIntyre-Mills &

Systemic Practice and Action

Syst Pract Action Res

Prostitution and Human Rights in Indonesia: A Critical

Riswanda1,2 • Janet McIntyre-Mills1 • Yvonne Corcoran-Nantes1

Springer Science+Business Media New York 2016

Keywords Critical system heuristic Policy Prostitution Expanded pragmatism Rights

Introduction, Background and Statement of Problem

Policy Discourses and Scenarios

Table 1 Socio-demographic statistics on Indonesian People’s Representative Council (Dewan Perwakilan

1999–2004 9.0 91.0 100.00

positions of People Representative Council Members representation of women in poli-

Elementary school 98,755 4.13 5885 0.30 104,640

Table 3 Numbers of public

Current Prostitution Policy Strategies in Indonesia

dominant values and views of Indonesian society.6 Reframing prostitution problems in

Survival of the Most Vulnerable

Intolerance Ambivalence Tolerance

Total 184 59.4 126 40.6 –

accounts of the experience of warias9 in Indonesia. The purpose is to underline how

Ambiguous Public Policy

Jakarta 10,195 6178 3251 3751 7772 9000

analysis. In the issue of prostitution, gender perspectives can be somewhat deterministic.

Drawing the Line to Protect Minors and Those Without Rights

Indonesian political decentralisation, through the implementation of Act No. 22/1999,

Statistic Indonesia (2013) Statistik Kesejahteraan Rakyat 2012. BPS, Jakarta

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