CHAPTER II

DISCUSSION

A. Understanding Prostitution
Etymonologically the word prostitution comes from the Latin
language, namely "pro-stituere" means to allow yourself to commit
adultery, conduct harassment, sexual abuse, and suicide. Referring to
the Large Indonesian Language Dictionary (KBBI) WTS is a wretched
person or subject to selling herself (prostitution) or a bitch. Prostitution
can also be interpreted as a work that is self-surrendering or selling
services to the public to carry out sexual acts by getting compensation
in accordance with what was agreed before.
Prostitution in general is the practice of momentary sexual relations,
which is more or less done by anyone, in exchange for money. The
three main elements in prostitution practice are: payment, promiscuity
and emotional indifference.
The women who carry out prostitution are now known as PSK
(Commercial Sex Workers) which are interpreted as women who
repeatedly engage in sexual relations with the opposite sex, apart from
legal marriage and get money, material or services.
In prostitution there are several parties involved, namely as follows:
1. Pimps
Pimps are people who act as caregivers, intermediaries, and
"owners" of commercial sex workers (CSWs). Pimps act as liaison
between the two parties and will get a commission from PSK
receipts whose percentage is divided by agreement.
2. Commercial Sex Workers (CSWs)
Commercial Sex Workers (CSWs) are someone who sells her
services for sexual intercourse for money or is called a prostitute.
3. PSK Service Users
This user is the point of how this prostitution transaction can occur.

4
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B. Types of Prostitution
Prostitution is classified based on how to do prostitution, namely as
follows:
1. Street Prostitution
In general, the services provided by this type of prostitution are
given to men or subscribers who are low income, for example
laborers, drivers and other small traders. This is because the rates
of sexual services offered are inexpensive and easily affordable for
those on low incomes.
2. Call Prostitution
This prostitution is often called a call girl. In Indonesia this kind of
prostitution is usually carried out through intermediaries such as
pimps, managers, mamas or mami as well as sex operations under
the supervision of the intermediary and the development of
technology is usually how to order commercial sex workers
3. Brothel Prostitution
Small house prostitution is the practice of prostitution, where
prostitutes can be found in certain places, in the form of houses
called brothels, which in general are owned by the name pimps.
4. Covert Prostitution
This prostitution occurs not only directly between the seller and the
buyer, but also through intermediaries (pimps), prostitution under
the guise of a salon and spa or it can be through the internet. It's
common knowledge they don't work alone. There are strong hands
that govern their work.

C. Factor in the Emergence of Prostitution

There are two factors that cause the appearance of prostitution,
including:
1. Internal Factors
 6

Internal factors are those that come from individual women

themselves, namely those relating to desire, frustration, quality of
self-concept, and so on. Not a few of these prostitutes are victims
of rape, so they think that they are dirty and the profession as a
prostitute is the only thing that is appropriate for them. Because the
dark life they experienced made their hearts and morals worse.
2. External Factors
External factors are the causes that come not directly from the
individual woman, but because there are external factors that
influence her to do so. These external factors can take the form of
economic conditions, environmental influences, failure of family life,
love failure and so on.

D. The Impact If Prostitution is Legalized

Legalizing prostitution activities, which is the oldest profession on
earth, in a country or an area will certainly cause two things / axes /
different sides. The two different things / axes / sides are those who
agree and those who disagree, there are benefits and there are
disadvantages. These benefits are as follows:
1. With the legalization of prostitution (with strict and well-implemented
rules and witnesses), it will be a good solution to localize prostitution
places which have been one of the parts of the restlessness of the
people (this majority group) which are located around prostitution.
With this legalization, it will also localize PSKs which are scattered
on several roads which are considered by the majority as part of
community unrest and disrupt the beauty and comfort of the city so
as to improve the face of the city.
2. With the legalization of prostitution (legalization followed by
localization of places of prostitution), it will be easier for couples (both
women and men) to look for their cheating partner (PSK as an affair).
 7

3. With the legalization of prostitution, it will be a good solution to

localize acts that are considered "taboo and immoral" by the
community.
4. With the legalization and localization of prostitution (the application
of high taxes as entertainment services), it will increase state
revenues. Seeing the real conditions in big cities, the size of the
"prostitution" market and the increasing number of hotels "transit"
indicate that there is enough potential for acceptance that can be
accepted by the state.
5. With the legalization of prostitution, it will be easier for law
enforcement officials to carry out supervision and enforcement. This
will be successful if the capacity and accountability of the apparatus
for implementing the regulations are going well and on the right track
(there is no compromise). That way (strict rules and reliable
implementers / apparatus without compromise) will further facilitate
the control and blocking of community concerns due to the practice
of prostitution in any place.
6. With the prostitution legalization, it will be easier for the apparatus to
control prosthetic sites under the guise of "halal" services such as
massage parlors, hotels and discos.
7. All of the above benefits will be realized if they fulfill several minimum
requirements;
i) Regulations / laws that cover the legalization of prostitution must
be strict, strong, firm, precise and unbiased.
ii) Implementers / state apparatus both central and regional must
have a strong and uncompromising commitment to the
implementation of regulated rules and sanctions and have a
strong responsibility for implementing the rules.
iii) The function of supervision must be carried out jointly between
the state apparatus and the community.
 8

iv) High taxation on "prostitution entertainment services" (as well as

cigarette excise tax, to reduce excessive negative excesses on
society as a whole.
v) Strict action for anyone who violates the established rules and
granting severe sanctions against rule violators must be carried
out well and without compromise.

If you look at the other side, the side of rejection and harm is as follows:

1. With the legalization of prostitution, some people (the majority) argue

that policies that legalize prostitution will provide enormous space for
violations of religious teachings (this argument is based on religious
understanding). All religions "forbid" prostitution.
2. With the legalization of prostitution, some people (the majority)
consider the act of legalizing prostitution an immoral act.
3. With legalization, some people (the majority) are opposed to "the
NKRI as a country that has One Godhead".
4. Legalization of prostitution is a policy that is able to refresh and allow
moral destruction of society.

The above arguments are meaningless if we look at the reality of

the reality, where there are many places of prostitution in any place, the
number of prostitution under the guise of halal / legal services, and
without realizing "the idea of legalizing prostitution" is a reflection that
"Prostitution business" exists and is quite large. On the other hand the
indirect legalization of the business was unwittingly carried out by
several regional governments.

Impact if prostitution is legalized in Indonesia, there are 7 things that

can happen which are as follows:

1. The view of bodily relationships experiences friction, even a lot of

underage children can already taste sex.
 9

If prostitution is legalized in Indonesia, it is not impossible that

the level of sexual relations will increase dramatically and that is
certain. The bad thing is the number of social diseases that we will
face with the many divorce behaviors, even worse, the practice of
abortion will be very common in Indonesia, even underage children
will probably taste sex even though it is not yet due to their imitation
will be very common.
2. CSWs are increasing, but crime against commercial sex workers
decreases.
With the legalization of prostitution, it can be ascertained that
there will be a lot of CSWs that have not been seen to emerge, even
those who have never promised themselves. the authorities if they
run a business that is prohibited. But with the legalization of
prostitution, these sex workers will get a guarantee of security that
does not change with other office employees who are protected by
law.
3. Not only 1 or two places, there may be dozens of new prostitution
sites for one city.
With the increasing number of commercial sex workers, it can be
ascertained that the number of places for prostitution will mushroom
just like seasonal agate pedestrians. If in the Netherlands it is known
as the Red Ligh District, if in Japan the Pink Ligh District if in
Indonesia it is not possible to have its own name to refer to
prostitution areas. In fact, this can also allow CSWs from abroad to
come because seeing the "market" is quite tempting.
4. The government makes big profits, but it will also become a new field
of corruption.
Of course here the most benefited are the Indonesian
government itself. Imagine in Japan, a business like this even
becomes the second largest income contributor to the country. But
 10

the fear is that this will become a new field of corruption, then another
gayus-gayus will emerge that will tax the business of this one.
5. Women don't have self-esteem, not as humans anymore but as
objects.
With the number of people offering these services is possible
women in Indonesia will be underestimated and like they have no
more pride. The men will consider girls as a means of satisfying sheer
lust. Men will think that they can buy a girl who is as beautiful as
anything if they have a lot of money. Surely Indonesia will return to
an era where women are back to fighting for their rights Indonesia
may be the same as Africa, "poultry" disease will spread widely.

There are many types of "poultry" that are very terrible in the world,
especially HIV / AIDS. This type of disease is usually easily contracted
because of intercourse that occurs between people who contract the
virus and cause other people to become infected, even if that is not the
case, Syphilis may also be very common in Indonesia. But there is one
interesting thing, with the legal nature of prostitution, it is certain that
condoms are the best-selling items later, just like instant noodles, now
human trafficking is out of control.

The increasing demand for comfort women will increase the number
of women needed. If the number of workers is insufficient, it will not be
realized that a lot of human trafficking will occur, even the children can
also be trafficked to see the fantastic benefits. This of course will cause
social problems that will not end, such as the number of cases of
missing people, trauma because they have been victims of human
trafficking, even problems for families left behind.

The things mentioned above may only occur if prostitution is

actually legalized. Even our nation will be quickly destroyed especially
on its morality. In addition, there are other impacts that can arise. Some
of the effects of prostitution:
 11

1. Inflicting and spreading venereal and skin diseases, such as Syphilis

and Gonorrhoe.
2. Damaging the joints of family life. Husbands who are tempted by
prostitutes are usually a function of the head of the family, so the
family falls apart.
3. Democratizing or exerting a demoralizing influence on the
environment, especially young adolescents during puberty and
adolescence.
4. Tolerate the crime and addiction to narcotics ingredients (marijuana,
morphine, heroin, etc.).
5. Damaging the joints of moral, legal and religious.
6. There is exploitation of humans by other humans
7. The occurrence of sexual dysfunction, for example impotence,
anorgasme, nymphomania, satyriasis, premature ejaculation, which
is the removal of sperm before the penis penetrates the vagina or
burrows, etc.

E. Examples of Cases and Sanctions for Parties Involved in

Prostitution
Cases of Prostitution
On November 27, 1974, Hwa Yin alias Indrawaty (Defendant I) and
Komala Kamaludin (Defendant II) handed over an immature woman
(age not mentioned in the verdict) named Cucu Sulastri binti Sadeli
(witness I) to a man named Herman to have a sexual intercourse.
Previously Hwa Yin aka Indrawaty had made an agreement with
Herman by telephone, to undertake to provide a woman to have an
intercourse with. Then Hwa Yin aka Indrawaty asked for Komala
Kamaludin's help in finding women who were intended to do that with
Herman. Then with the help of Heriyati alias Kutut (witness II), who
'discovered' Cucu Sulastri binti Sadeli who was looking for 'work'. Then
on request, Heriyati handed over Cucu Sulastri to Komala Kamaludin.
 12

Komala Kamaludin brought together Cucu Sulastri binti Sadeli with Hwa
Yin alias Indrawaty. Then according to the agreement, Hwa Yin aka
Indrawaty and Komala Kamaludin brought Cucu Sulastri binti Sadeli to
meet Herman at HAI-LAY. Then Hwa Yin alias Indrawaty, Cucu Sulastri
binti Sadeli, and Herman went to a Motel called Copa Cobana in the
Bina-Ria area of Tanjung Priok. As a down payment, Herman paid
Rp.50.000,00 to Hwa Yin aka Indrawaty. At that place and at that time
also later Herman intercourse with Cucu Sulastri binti Sadeli that same
day. Then finished intercourse, Herman paid Rp.250.000,00 to Hwa Yin
aka Indrawaty. So the total money paid by Herman to Hwa Yin alias
Indrawaty was Rp.300.000,00. Then Hwa Yin alias Indrawaty
distributed the money, he gave Rp.50.000,00 to Cucu Sulastri binti
Sadeli and also Rp.50.000,00 to Komala Kamaludin. The remaining
Rp.200.000,00 is held by Hwa Yin aka Indrawaty. From Rp.200.000,00,
Rp.50.000,00 was used by Hwa Yin's son, Indrawaty, to shop for items
such as clothes and other items needed by Cucu Sulastri binti Sadeli.
Prostitution that occurred in the case can be seen from the
existence of sexual relations carried out by Cucu Sulastri with Herman,
who then paid a sum of money for the services given by Cucu to him.
Thus it is clear that the position of Cucu Sulastri is as a prostitute and
Herman acts as a customer. From this case, it was also seen the
involvement of other parties that supported the occurrence of
prostitution activities carried out by Cucu and Herman. They are Hwa
Yin, Komala Kamaludin, and Heriyati. Hwa Yin and Komala Kamaludin
in this case coordinated with each other in finding women (CSWs) for
Herman. This role is the role of the broker in prostitution. The role
carried out by Heriyati, namely to find women to be prostituted, is in line
with the role of the female traders or sellers. Furthermore, relating to
criminal liability issues that can be imposed on these parties, from the
results of the examination at the trial, it is determined that the party that
can be held criminally responsible is Hwa Yin and Komala Kamaludin.
 13

Other parties are not considered to be responsible for their actions.

Cucu Sulastri and Heriyati are considered by the judge as parties who
cannot afford to be responsible. The reason for both is because they
are still immature. Actually such reasons cannot be accepted. If indeed
both of them can be considered as violating the law, for them applies
Article 45 of the Criminal Code, which requires a sentence to be
punished for perpetrators of child crimes, namely the basic penalty is
reduced by one third. The judge also considered that the will was not
from Cucu Sulastri. Looking at the nature of Cucu who is still considered
childish, Cucu is considered impossible to want to have sexual relations
with other people. So in this case the Judge argued that the intercourse
committed by Cucu was the will of the defendants.
Criminal Liability That Can Be Worn Against Hwa Yin, Komala
Kamaludin, and Brokers Location "X" as Parties to Prostitution
Brokers
From the results of the examination in the court, Hwa Yin and
Komala Kamaludin were responsible for acts that violated the provisions
of Article 297 of the Criminal Code. The second act of surrendering
Cucu to Herman for prostitution is considered as an act of trading
referred to in the article. As an object that was advertised were women,
namely Cucu Sulastri. If reviewed, in the provisions of Article 297 of the
Criminal Code, objects that are traded or traded are said to be victims.
The definition of the victim itself, as stated in Law No. 13 of 2006
concerning the Protection of Witnesses and Victims is someone who
experiences physical, mental, and / or economic losses caused by a
criminal offense. In addition, the understanding of victims is also
contained in Article 1 point 3 of Law No. 21 of 2007 concerning the
Eradication of the Crime of Trafficking in Persons, namely a person who
experiences psychological, mental, physical, sexual, economic, and / or
social suffering caused by a criminal act of trafficking in persons. Based
on the information written in the decision letter, there is no physical,
 14

mental, or economic suffering experienced by Cucu. Although it was

considered that she did not want to have sex with Herman, from the
position and written statement in the decision letter, there were no signs
of physical or mental suffering from Cucu. Even economically, Cucu
Sulastri gets a profit, by getting paid IDR.50.000,00 plus IDR.50.000,00
spent on Cucu's needs.
Thus it is clear that Cucu is not a victim of a criminal offense,
therefore it can be said that the application of Article 297 of the Criminal
Code to the defendants is wrong. Seeing from the case position, where
the intention of obscene reproduction came from Herman, then the
defendants facilitated the occurrence of this by finding a woman for
Herman, then the more appropriate provision applied to the defendants
was Article 295 paragraph (1) point 2e jo paragraph (2) Criminal Code,
which is an act of facilitating the occurrence of obscene acts with other
people that are done by people who are not yet mature who they know
or deserve to know, not yet mature. The liability that can be imposed on
the defendants is each of them is threatened with a maximum sentence
of five years and four months. Accountability for similar actions can also
be imposed on 'X' location brokers. The difference lies only in the object
that is facilitated by obscene acts. At the 'X' location, the party facilitated
by obscenity is the customer, and the customers at this location are all
adults. Proper provisions for location brokers 'X' are Article 296 of the
Criminal Code.
Thus, the location broker 'X' can be subject to a maximum jail
sentence of one year and four months. If these prostitution brokers, both
the defendants and brokers at the location of 'X', carry out their actions
in the Tangerang area, their actions are considered to violate the
provisions of Article 2 paragraph (1) PERDA Tangerang City Number 8
of 2005 which can be held criminally accountable with the most
imprisonment a period of three months or a maximum fine of
 15

Rp.15.000.000,00 (fifteen million rupiah), based on the provisions

contained in Article 9 paragraph (1) of this Regional Regulation.
If the defendants in the case or the location brokers ‘X 'conduct their
activities in the Indramayu Regency area, they are considered to violate
Article 3 of the Regional Regulation of Indramayu Regency Number 7
of 1999, which states; Anyone is prohibited either individually or in
groups, doing, connecting, trying or providing people to do Prostitution.
With elements of action similar to the provisions of Article 2
paragraph (1) PERDA Tangerang City Number 8 of 2005. So these
perpetrators can be criminally accountable by imposing a penalty based
on Article 9 paragraph (1) of the PERDA, namely the longest sentence
six months or a maximum fine of Rp.5.000.000,00 (five million rupiah).
Criminal Liability That Can Be Worn Against Cucu Sulastri,
Herman, PSK and Customers at "X" Locations as PSK Parties and
Customers in Prostitution
It has been known from the previous explanation, that for
commercial sex workers and customers, according to the Criminal Code
it is regulated according to Article 281 and Article 284 of the Criminal
Code. If you look at cases and practices at the 'X' location, it can be said
that the actions of these parties are not done in public or in front of
others, and it is not even known at all whether one party from the PSK
or the customer has married. So the actions of these parties are not
subject to criminal sanctions according to the Criminal Code. So it is
true if then making Cucu as a witness, and Herman not being examined
at all, because under the Criminal Code, which is used as a reference
in convicting the accused in this case, Cucu (as a prostitute) and
Herman (as a customer) cannot be subject to criminal charges.
However, if their actions are carried out in the Tangerang city area
and Indramayu Regency, the two existing PERDAs clearly stipulate the
prohibition and punishment provisions for them. These conditions are:
1. Tangerang City Regional Regulation Number 8 of 2005
 16

Article 2 paragraph (2)

Anyone in the Region is prohibited either individually or jointly to
carry out acts of prostitution.
Article 9 paragraph (1)
Whoever violates the provisions of Article 2 paragraph (1) and
paragraph (2) of this Regional Regulation, is threatened with
imprisonment for a maximum of three months or a fine as high as
Rp.15.000.000,00 (fifteen million rupiah).
2. Indramayu District Regulation No. 7 of 1999
Article 7
Prostitutes, both men and women, are subject to sanctions under
Article 9 of this Regional Regulation.
Article 9 paragraph (1)
Anyone who violates Article 2, 3, 4, 5, 6 and 8 paragraph (1) of this
Regional Regulation is threatened with a Penalty Sentence for a
maximum of 6 (six) months or a maximum fine of Rp.5.000.000,00
(five million rupiah).

In this discussion of accountability, the status of the grandson of

Sulastri as an immature person does not follow the provisions in Article
45 of the Criminal Code. Within the period of the enactment of the two
PERDAs which could account for the prostitutes, the enactment of
Article 45 was revoked in the presence of Law No. 3 of 1997 concerning
the Juvenile Court. The settings include:

Article 26

(1) Prison sentences that can be imposed on Naughty Children as

referred to in Article 1 number 2 letter a, at most ½ (one-half) of
the maximum imprisonment for adults.
(2) If the Naughty Child as referred to in Article 1 point 2 letter a,
commits a crime that is threatened with capital punishment or
 17

imprisonment for life, then the imprisonment that can be imposed

on the child is no later than 10 (ten) years.
(3) If the Naughty Child as referred to in Article 1 point 2 letter a, has
not reached the age of 12 (twelve) years of committing a crime
that is punishable by death penalty or imprisonment for life, then
the Naughty Child can only be taken the action referred to in
Article 24 paragraph (1) letter b.
(4) If the Naughty Child as referred to in Article 1 point 2 letter a, has
not reached the age of 12 (twelve) years of committing a crime
that is not threatened with capital punishment or is not subject to
life imprisonment, one of the acts shall be imposed on the Bad
Boy. as referred to in Article 24.

Article 27

Penalties for imprisonment that can be imposed on Naughty

Children as referred to in Article 1 point 2 letter a, at most ½ (one-
half) of the maximum threat of imprisonment for adults.

Article 28

(1) Criminal penalties that can be imposed on Bad Children are at

most ½ (one-half) of the maximum threat of criminal penalties for
adults.
(2) If the criminal fine as referred to in paragraph (1) turns out to be
unable to be paid, then it is replaced with compulsory work
training.
(3) Obligatory work training as a substitute for fines is carried out no
later than 90 (ninety) working days and the duration of work
training is not more than 4 (four) hours a day and is not done at
night.

Herman's act of intercourse with Cucu Sulastri and then making

payments for "services" provided by Cucu Sulastri, was classified as an
 18

act of prostitution. This is in accordance with the provisions concerning

the act of prostitution in PERDA as previously mentioned, namely those
stipulated in Article 1 point 4 PERDA of Tangerang City Number 8 of
2005 and Article 1 point e PERDA of Indramayu Regency No. 7 of 1999.

If the action is committed in the Tangerang area, based on

Tangerang City PERDA No. 8 of 2005, their actions are considered to
violate the provisions of Article 2 paragraph (2). The actions of Herman
and Cucu Sulastri clearly fulfill the elements of article 2 paragraph (2)
PERDA of Tangerang City Number 8 of 2005. For their actions they are
threatened with criminal offenses under Article 9 paragraph (1) of this
Regional Regulation. Based on Article 9 paragraph (1) PERDA of
Tangerang City Number 8 of 2005, Herman can be threatened with a
maximum of three months imprisonment or a maximum fine of
Rp.15.000.000,00 (fifteen million rupiah). For Cucu Sulastri, based on
Article 27 of Law No. 3 of 1997 concerning the Juvenile Court,
imprisonment that can be threatened to him according to Article 9
paragraph (1) of the Tangerang City PERDA Number 8 of 2005, is
reduced by half, to a maximum of one month and fifteen days. Then
based on Article 28 paragraph (1) Law No. 3 of 1997 concerning the
Juvenile Court, criminal penalties that can be threatened to the Cucu
Sulastri based on Article 9 paragraph (1) of the PERDA, reduced by half
to the highest amount of Rp.7.500.000,00 (seven million five hundred
thousand rupiahs).

If their actions are carried out in the territory of Indramayu Regency,

their actions are considered to violate the provisions of Article 7 PERDA
of Indramayu Regency No. 7 of 1999, which states that prostitutes, both
men and women, are subject to sanctions according to Article 9 of the
Regional Regulation. It can be seen that from the prostitution activities
carried out, Cucu Sulastri acts as 'his woman' and Herman acts as 'her
 19

man'. It is clear how both of them fulfill the provisions of Article 7 PERDA
of Indramayu Regency No. 7 of 1999.

Thus, based on the provisions of the article also, Cucu Sulastri and
Herman could be threatened with sanctions according to Article 9, which
is for Herman to be sentenced to a maximum of six months
imprisonment or a maximum fine of Rp.5.000,000,00 (five million
rupiah). Whereas for Cucu Sulastri whose status is immature is subject
to deductions according to the provisions of Article 27 and 28 paragraph
(1) of Law No. 3 of 1997 concerning the Court Children face sanctions
imposed on him to be, a maximum of three months imprisonment or a
maximum fine of Rp.2.500.000,00 (two million five hundred thousand
rupiahs).

Criminal Liability That Can Be Worn Against Heriyati As A Woman

Trader Or Seller

It has been mentioned previously, that the role carried out by

Heriyati was as a female trader or seller. As a party involved in the
occurrence of the above case, and has an important role, Heriyati also
needs to be accountable for the actions she committed. The act can be
said as an act that facilitates the occurrence of obscene acts between
Cucu and Herman.

Thus, Heriyati's actions violate the provisions of Article 295

paragraph (1) point 2e of the Criminal Code, namely the act of
facilitating the occurrence of obscene acts with other people who are
done by people who are not yet known or should be known, not yet
mature.

The liability that can be imposed on Heriyati also refers to Article 45

of the Criminal Code. Thus he was threatened with a prison sentence
of at most two years and eight months.
 20

If reviewed in PERDA, Heriyati's actions can be accounted for. Like

Cucu Sulastri, in discussing responsibility for Heriyati, provisions
regarding the accountability of minors refer to Law No. 3 of 1997
concerning the Juvenile Court. The provisions of Article 45 of the
Criminal Code become invalid, bearing in mind that the period of
application of the PERDA is at the time when Law No. 3 of 1997
concerning the Juvenile Court applies.

Based on Tangerang City PERDA Number 8 of 2005, if the act is

committed in Tangerang City, Heriyati's conduct violates Article 2
paragraph (1). Thus Heriyati can be subject to a threat of punishment
based on Article 9 paragraph (1) of this PERDA, which also refers to
Article 26 paragraph (1) and Article 28 paragraph (1) of Law No.3 of
1997 concerning Juvenile Courts. The criminal threat that can be
imposed on her is a maximum of one month and fifteen days or a
maximum fine of Rp.7.500.000,00.

If Heriyati's actions were carried out in Indramayu Regency, then

based on the Regional Regulation of Indramayu District Number 7 of
1999, Heriyati's actions violated Article 3. Thus Heriyati could be subject
to punishment under Article 9 paragraph (1) of this PERDA, which also
refers to Article 26 (1) and Article 28 paragraph (1) of Law No.3 of 1997
concerning Juvenile Courts. The criminal threat that can be imposed on
her is a maximum of three months imprisonment or a maximum fine of
Rp.2.500.000,00.

Criminal Liability Against Pimps at the "X" Location

Accountability for pimps is regulated in Article 506 of the Criminal

Code. The first element of the article is 'whoever becomes a pimp', who
clearly states that the subject of a crime according to this article is
anyone who is a pimp. The next element is 'taking advantage of a
woman's obscene deeds and making her a search'. The act of a pimp
 21

at the 'X' location is to take advantage of obscene acts committed by

his prostitutes (who are all women) with customers. The profit was taken
from the Rp.80.000,00 ration obtained by a pimp from the proceeds of
Rp.150.000,00 paid by the customer to his prostitute for the sexual
services his prostitute gave to the customer. By getting paid it can also
be said that these pimps make their deeds a search.

Thus, based on Article 506 of the Criminal Code, pimps at the 'X'
location can be held criminally liable with a maximum sentence of one
year imprisonment. These acts as pimps can also be subject to Article
296 of the Criminal Code. Thus the pimps at the 'X' location can be liable
with the threat of imprisonment for a maximum of one year and four
months. Criminal liability that can be imposed on these pimps, if the
pimping is done in the city of Tangerang is based on the provisions of
Article 2 paragraph (1) in conjunction with Article 9 paragraph (1)
PERDA Tangerang City Number 8 of 2005, and is threatened with
penalties provided for in Article 9 paragraph (1) of the PERDA. The
threat of punishment that can be imposed on pimps is a maximum of
three months imprisonment or a maximum fine of Rp.15.000.000,00
(fifteen million rupiah).

If the pimp's actions were carried out in Indramayu Regency, then

according to the provisions of the Regional Regulation of Indramayu
District No. 7 of 1999, regarding pimping actions regulated in Article 3,
the elements of which are similar to Article 2 paragraph (1) PERDA of
Tangerang city.

Thus, the pimp's actions if carried out in the Indramayu Regency

area, may be subject to criminal threats under Article 9 paragraph (1) of
the Regional Regulation of Indramayu Regency 7 of 1999, namely a
maximum sentence of six months imprisonment or a maximum fine of
Rp.5.000.000,00 (five million rupiah).
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F. Government Efforts in Combating Prostitution

The government implements a variety of criminal sanctions that can
be used to ensnare the perpetrators of the criminal offense to cause a
deterrent effect on it. Prostitution is the use of someone in sexual activity
for a reward. From here we can see two possibilities, namely whether
the person who committed prostitution did it without coercion or not by
force. If the prostitution is carried out without coercion, the perpetrators
are subject to sanctions in accordance with the local regulations.
However, if the prostitution activity is carried out with the threat of
violence or coercion against someone to become a commercial sex
worker, then the action is subject to a criminal offense under Law No.
21 of 2007 concerning Eradication of Criminal Acts on Trafficking in
Persons ("Law No. 21/2007"). Such actions can be categorized as
exploitation of people, namely actions with or without victim's consent
which include but are not limited to prostitution, forced labor or service,
slavery or practices similar to slavery, oppression, extortion, physical,
sexual, reproductive organs, or illegally removing or transplanting body
organs and / or tissue or utilizing one's power or ability by other parties
to gain material and immaterial benefits (Article 1 number 7 of Act No.
21/2007). Sanctions for people who exploit as in your story based on
Article 2 paragraph (1) of Act 21/2007 are punishable by imprisonment
for a minimum of 3 (three) years and a maximum of 15 (fifteen) years
and a fine of at least Rp.120.000.000,00 (one hundred twenty million
rupiahs) and at most Rp.600.000.000,00 (six hundred million rupiah).
Furthermore, efforts to eradicate and respond to prostitution are
said to be social problems that have not yet been abolished. Efforts to
tackle prostitution are very difficult and require a relatively long time and
require large funding. Some alternative solutions to overcome this social
problem are as follows:
1. To reduce prostitution and even eliminate it, poverty must be
eliminated first. The main cause of someone prostituting themselves
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is the problem of lack of economy. Because of this poverty they were

unable to get adequate education, so to fulfill their needs they
decided to prostitute themselves.
2. Closure of localization still needs to be done. The tendency to always
negotiate with pimps, will never resolve, because it always ends in
vain.
3. The law of men who use the services of prostitutes, because so far
only women have always been punished.
4. Conduct guidance that sexually changing behaviors can cause
sexually transmitted diseases such as HIV / AIDS, and others.
5. Empowering CSWs, namely opening a short skills course for
residents of localization.
6. Procurement of spiritual guidance programs to improve their faith and
beliefs.