Criminalization of Prostitution Clients and Recommendations for Legal Reform in Indonesia

Abstract

The phenomenon of prostitution in Indonesia is not merely a moral issue but also a legal one, given that criminal liability disproportionately targets sex workers and procurers, while the users of such services (clients) largely evade accountability. This creates a justice gap and an imbalance within the criminal liability system. This study aims to analyze the normative basis and the urgency of criminalizing the users of prostitution services, as well as to formulate a direction for criminal law reform in Indonesia. The research employs a juridical-normative methodology, utilizing statutory, conceptual, and comparative legal approaches. The findings indicate that criminal law reform must address the clarity of the definitions of criminal offenses, the proportionality of sanctions, and the protection of sex workers who are subjected to exploitation. In this context, the “Nordic Model” serves as a relevant point of comparison, as it focuses on penalizing the purchasers of sexual services without criminalizing the act of selling such services by sex workers. Consequently, criminal law reform should be directed toward evaluating and refining the provisions within the Criminal Code and related regulations, while upholding legal certainty, and substantive justice.