Child Abuse & Neglect 95 (2019) 104034

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Child Abuse & Neglect

journal homepage: www.elsevier.com/locate/chiabuneg

Review

Child sexual abuse in Indonesia: A systematic review of literature,

T
law and policy
⁎
Yanuar Farida Wismayantia, , Patrick O’Learyb, Clare Tilburyb, Yenny Tjoec
a
School of Human Services and Social Work, and Griffith Criminology Institute, Griffith University, Logan Campus, University Drive, Meadowbrook,
Queensland 4131, Australia; and Ministry of Social Affairs, Republic of Indonesia
b
School of Human Services and Social Work, and Griffith Criminology Institute, Griffith University, Logan Campus, University Drive, Meadowbrook,
Queensland 4131, Australia
c
Griffith Asia Institute, Griffith University, Australia

A R T IC LE I N F O ABS TRA CT

Keywords: Background: Like many middle-income countries, knowledge about child sexual abuse (CSA) is
Child sexual abuse limited in Indonesia. The national government has stated a commitment to protect children from
Child abuse the worst forms of abuse, yet the sensitivity of CSA along with the complexity of culture and law,
Child protection present substantial challenges.
Indonesia
Objective: This article reviews current knowledge about CSA in Indonesia, in the context of ex-
isting laws and policies that influence CSA prevention and intervention.
Method: A systematic review of this research was conducted in the following manner: a review of
scholarly literature and grey literature in English (19 papers) and in Bahasa Indonesian (11
papers), and a review of CSA-related Indonesian laws (4 documents) and policies (5 documents).
Results: This review finds that knowledge about CSA in Indonesia is still limited. The taboos on
discussing sexual matters were identified as factors that impede reporting of CSA. Poverty also
leads to increasing children’s risk of sexual abuse. There was less attention to CSA occurring
within family contexts and focus was more upon its occurrence outside of the family. The study
identified that contradictory definitions of children within the law add to children’s vulnerability
to CSA; this is especially the case for girls. Current child protection strategies in prevention and
intervention lack specific focus on CSA.
Conclusion: Further research is needed to enable the development of evidence-based approaches
to better harmonize the development of law and policy with contemporary knowledge about
CSA.

1. Introduction

Child sexual abuse (CSA) is a global and widespread problem, with many detrimental impacts on individuals and the community
(Pinheiro, 2006; Stoltenborgh, Van Ijzendoorn, Euser, & Bakermans-Kranenburg, 2011). The United Nations New Sustainable De-
velopment Goals has a mandate to oblige countries to eliminate child violence, including CSA (World Health Organization, 2016).
UNICEF, WHO, World Bank and seven other international agencies also developed “INSPIRE”— a package of strategies that urges
countries to intensify their effort in response to CSA (WHO, 2016). As a result, developing public policy to address CSA is a priority.

⁎
Corresponding author.
E-mail addresses: yanuar.wismayanti@griffithuni.edu.au (Y.F. Wismayanti), p.oleary@griffith.edu.au (P. O’Leary),
c.tilbury@griffith.edu.au (C. Tilbury), y.tjoe@griffith.edu.au (Y. Tjoe).

https://doi.org/10.1016/j.chiabu.2019.104034
Received 9 November 2018; Received in revised form 3 May 2019; Accepted 3 June 2019
Available online 27 June 2019
0145-2134/ © 2019 Elsevier Ltd. All rights reserved.
Y.F. Wismayanti, et al. Child Abuse & Neglect 95 (2019) 104034

Obtaining data on child sexual abuse is difficult because most incidents are unreported or unrecognized. The recent study by
Stoltenborgh, Bakermans‐Kranenburg, Alink, and van Ijzendoorn (2015) found that the estimated prevalence rate for self-report
studies across the globe was 127 per 1000 for sexual abuse during childhood (76 per 1000 amongst boys and 180 per 1000 amongst
girls). Pinheiro (2006) reported that data on responses to child violence are unavailable in many countries, especially in middle- and
low-income countries (Veenema, Thornton, & Corley, 2015). There is no international consensus on preferred measurements for
collecting child abuse-related data, including CSA (Rumble, Ramly, Nuryana, & Dunne, 2018). This situation is due to sensitivity,
stigma, cultural issues, non-disclosure and negative responses in the community (Collin-Vézina, De La Sablonnière-Griffin, Palmer, &
Milne, 2015; Fontes & Plummer, 2010).
In recent times, Indonesian mass media has given more attention to CSA as a societal problem (Ayre, 2001). Historically CSA was
rarely reported by the media and when it did the perpetrators were almost strangers and non-family members (Pinheiro, 2006). A
recent study has begun to highlight that a CSA perpetrator is often a father or family member, which makes CSA a more complex
crime rather than if committed by a friend or a stranger (Davies & Rogers, 2009). This situation indicates a change in Indonesian
public perception about CSA, but the issue is still sensitive.
Many low and middle-income countries, such as Indonesia, are increasingly aware that CSA is a serious social issue requiring
effective intervention and prevention strategies. Indonesia has a strong national policy agenda that promises to protect children, but
knowledge about CSA and services to respond are embryonic. Indonesia is committed to better developing policies and practices to
respond to child protection and CSA (O’Leary et al., 2019) through the National Medium‐Term Development Plan (RPJMN)
2015–2019. However, developing a child protection system is challenging because of the complexities in a large, diverse nation with
limited research or specific expertise (Gray, 2003). Indonesia urgently needs to improve its design and implementation of child
protection programs and to strengthen its laws to protect children adequately (O’Leary et al., 2019; Gray, 2003).
A recent review paper on CSA in Indonesia identified that there is a limited knowledge base due to unreliable and inconsistent
data concerning prevalence, risk and protective factors (Rumble, Febrianto et al., 2018). This study did not examine how CSA is
addressed in the formulation of policy and law and nor did it include literature in Bahasa. To address these gaps, this paper examines
literature in English and Bahasa, as well as in exploring relevant law and policy. It examines existing, potentially conflicting, mes-
sages in policy and laws on child protection, CSA, and marriage. These policies and laws can have significant implications for CSA
prevention and intervention. Finally, the paper makes recommendations for future research in order to contribute to the body of
knowledge that can better inform CSA policies and intervention in Indonesia.

2. Method

Three information sources were accessed to give a comprehensive understanding of CSA in Indonesia (Grant & Booth, 2009). The
search strategy was divided into three parts: (1) a review of relevant scholarly literature and grey literature in English; (2) a review of
scholarly literature and grey literature in Bahasa Indonesia; and (3) a review of the Indonesian laws and policies that address child
protection regulations and approaches, including CSA. This study used both manual and automated searches.
The first two stages used online databases to locate both scholarly literature (academic journals and books) and grey literature,
such as unpublished reports and working papers, Masters’ theses, and non-governmental organizations’ publications. The set of
criteria constituted a relatively open approach to inclusion of studies in the review (Murray, Farrington, & Eisner, 2009). For ex-
ample, the studies focused on CSA prevalence, or related to the drivers of CSA, or examined an approach to CSA intervention and
prevention in Indonesia. To assess quality, a checklist was developed to ensure that the articles included in the review were of
sufficient quality, such as the standard of design, methodology, and ethics approval. However, a limited number of papers were
published in international peer-reviewed journals about CSA in Indonesia and this is consistent with the findings of previous reviews
(Rumble, Febrianto et al., 2018). Among the studies in Bahasa, many had not received ethical approval and had fundamental design
faults, which resulted in their exclusion.
The third stage of the review was conducted to identify relevant policy and law in Indonesia relating to child protection and CSA.
The documents were selected from publicly available government policies from the Indonesian government website during the study
period. Specifically, the texts selection was undertaken with the following criteria: (1) the policy and law that related to child
protection was publicly available; (2) the documents provided a brief description of the child protection approaches in Indonesia; (3)
the documents addressed specific issues on prevention and intervention in child violence and CSA.
Every effort was made to reduce the risk of bias in this review. First, the main author, who has experience in child protection and
knowledge of child protection policies in Indonesia, led the initial searches and review. Two of the authors (YFW and YT) who are
fluent in Bahasa (Indonesian) screened the Indonesian papers and documents including law and Indonesian policy written in Bahasa.
All the authors translated review findings for consistency and relevance. This was repeated several times for both English and Bahasa
(Indonesian) literature.

2.1. Search of systematic review of literature, law, and policy

2.1.1. Search strategy in English

The databases ISI Web Science, Psych Info, Social Work abstract via ProQuest, and Psychology Abstract via ProQuest were
searched for literature published on any date using the following string: (Indonesia) AND (“Child Sexual Abuse” OR “Sexual Violence
against Children”). These sources were downloaded into EndNote for a separate title and abstract review stage. This search yielded
limited results. Thus, a further search was undertaken using the following string: (“Child Sexual Abuse”) AND (Prevalence), (“Child

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Y.F. Wismayanti, et al. Child Abuse & Neglect 95 (2019) 104034

Sexual Abuse”) AND (“Prevention and Intervention” OR “Prevention” OR “Intervention”). Searches included all combinations of a
context-related term to a related indicator of CSA such as violence, abuse, maltreatment, and child marriage. This study was limited
to sources published between 2006 and 2018 to avoid the inclusion of material that was out of date and no longer relevant.

2.1.1.1. The search engines. The search engines included Google Scholar and Library Collections (Griffith University). Several sources
were identified through UN (United Nation) and NGO (Non-Government Organization) websites (e.g., UNICEF, Save the Children,
WHO and Plan International). The database, Google Scholar, was sorted by relevance. Finally, a full-text review was conducted,
whereby all articles that included a focus on CSA were reviewed.

2.1.1.2. English search results. Initially, searches produced 867 hits and the first screening identified 250 were relevant to the study.
Of these, 215 were duplicate, and 35 papers were retained. Researchers identified 10 additional papers received via email from
government and organization websites which totaled 45 papers being assessed. After applying the assessment to the 45 papers, 26
papers were excluded from the shortlist because of reasons such as the relevance of study, the sample size of the study was insufficient
to justify the study’s conclusion, or ethical considerations. Finally, 19 papers were shortlisted from English language sources,
consisting of 4 scholarly papers and 15 grey papers (see Fig. 1).

2.1.2. Search strategy in Bahasa Indonesia

Literature in Bahasa Indonesian was also searched through google scholar and academic databases (e.g., www.lib.ui.ac.id;
eprints.undip.ac.id; and repository.unhas.ac.id) with the title “Kekerasan Seksual terhadap Anak”1 and “Program’’ and Pencegahan” and
“Kekerasan Seksual Anak”.2 The criteria used for this identification process included Indonesian reports on child protection programs,
Indonesian prevalence studies and government documents on child protection and the CSA approach. Consistent with the English
literature review, the Indonesian literature search was limited to sources published between 2006 and 2018.

2.1.2.1. Indonesian search results. Initially, searches produced 554 hits. The first screening identified 265 relevant hits. A total of 216
were duplicates and 49 papers were retained. The researchers identified 6 additional papers from government offices and UNICEF, so
55 papers were assessed. After applying the assessment to the 55 papers, 44 papers were excluded from the shortlist. Finally, 11
papers were shortlisted as Bahasa Indonesian sources, consisting of 6 scholarly papers and 5 grey papers (see Fig. 2).

2.1.3. Identification of Indonesian laws and government policies relevant to CSA

Relevant Indonesian laws and policies were part of the search strategy. Laws that addressed child protection, child rights, and the
definition of a child were identified:

(1) UUD 1945 (1945 Basic Constitute of the Republic Indonesia)

(2) Penal Code (KUHP-Kitab Undang-Undang Hukum Pidana)
(3) Law No. 35/2014, amendment to Law No. 23/2002 on Child Protection
(4) Law No. 1/1974 on Marriage

In addition, relevant government documents that covered the policy on child protection and CSA were included in the analysis.
These documents had a focus on intervention or prevention. The following government documents were identified in this search:

(1) Indonesia’s Medium-Term National Development Plan (IOD PARC and UNICEF, 2015RPJMN) 2015–2019;
(2) National Strategies for the Elimination of Violence against Children (STRANAS PKTA) 2016–2020;
(3) Guidelines for a Child Friendly City;
(4) National Action Plan for Child Protection (RAN-PA) 2015–2019; and
(5) Presidential Instruction No. 5 year 2014, concerning the National Movement Anti-Sexual Crime against Children (GN-AKSA)

The review of government documents found that a range of issues are addressed in these policy documents and that most of the
documents did not examine a specific program on CSA; rather, the CSA issue was regarded as a part of child protection approaches.

3. Results

The systematic review of literature located 30 relevant papers on CSA in Indonesia. Of these, 11 papers provided empirical data
on CSA, comprising of two grey papers in English and three scholarly papers and six grey papers in Bahasa Indonesia. The remaining
19 papers were more general studies and reports, which described the factors influencing CSA and child protection programs related
to CSA in Indonesia. Table 1 presents these 11 papers outlining the geographical area, data collection methods, and findings such as
descriptions of victims, perpetrators and location of CSA incidents. Most of the research comprised a case study of a small geo-
graphical location (such as case study at a provincial or city level) or focused on a small target group. This shows that the existing

1
Child sexual abuse.
2
Intervention and prevention on child sexual abuse.

3
Y.F. Wismayanti, et al. Child Abuse & Neglect 95 (2019) 104034

Fig. 1. Flowchart showing inclusion of English language source.

Fig. 2. Flowchart showing inclusion of Indonesian language sources.

research and surveys have not yet provided sufficient knowledge on the national picture of CSA in Indonesia. In addition, the data
presented in these 11 papers had limited responses to questions about violence, lacked credible data on violence against chil-
dren—especially sexual violence—and only a few of these studies attempted to understand the magnitude and context of violence
against children. Even fewer focused on solely CSA (6 papers in Bahasa, 1 paper in English).
The review of all 30 papers and 9 government documents (four laws and five policies) reveals four main points of interest. First,
socio-economic issues were identified in two main areas: taboos and stigma relating sexual matters can impede reporting of CSA; and
poverty and its accompanying manifestations increase children’s risk to sexual abuse. Second, existing child protection policies in
Indonesia lacked specific focus to effectively address CSA. Third, policy implementation at regional levels, which showed varying
outcomes, depended on coordination among stakeholders. Finally, laws across Indonesia that define a child are contradictory, ne-
gatively affecting the capacity to identify and protect children from CSA. Application of different laws to CSA may deliver different
outcomes.

4
 Table 1
CSA in Indonesia: Data, Perpetrators, and Location.
Author (year)
Indonesia Ministry of Health
et al. (2007)
BPS Indonesia (2006)
Andriyani (2009)
Horn (2011)
Widodo, Kurniasari, Sitepu, &
Wismayanti (2011)
5
Ernaweni (2011)
Kementerian Sosial, BPS, and
KPPPA (2013))
Widodo, Kurniasari, Wismayanti,
Husmiati, Susantyo, Astuti,
& Padmiati (2014)
Bhatla et al. (2015)
Geographic Area
National survey among students
(The first GSHS in Indonesia)
National Survey
Jakarta Province
East Nusa Tenggara Province
5 provinces in Indonesia; West
Java, East Java, South Sulawesi,
Central to Java and Jakarta
Province
Jakarta Province
National Survey
four provinces: East Java, North
of Sumatra, West Kalimantan,
and East Nusa Tenggara
Jakarta city and Serang district.
Sample size Research Method Finding Language
3116 questionnaires were completed in 49 schools by School-based students • 4.9% of students had sexual intercourse English
students aged 13–15 years in level/grade 7–9 health survey during the past 12 months.
Y.F. Wismayanti, et al.
• 5.7% (male students); 4.2% (female
students) have had sexual intercourse
during the past 12 months
278,352 households (Sample core-module = 68,800 Interview (no details 3.9 % reported sexual violence against children Bahasa
household; Sample core (without module) = 209,552 provided) Indonesia
households)
8 female street children Interview using purposive • The perpetrators were either boyfriends (4 Bahasa
sampling and snow cases) or friends (4 cases) of victims Indonesia
bowling technique • CSA incidents occurred at home/rent house
and on the street (public areas)
365 respondents across 30 villages. These The neighborhood method • Five cases of sexual violence against English
respondents reported on themselves, 729 adults’ (individual semi-structured children
female neighbors, 854 children in the respondents’ interviews) • Only one of the perpetrators was a family
homes and 1364 children in neighbors’ homes member (father); others were neighbors,
peers, and strangers
11 CSA victims who received social assistance in Interview; focus group • The perpetrators were mostly people with Bahasa
RPSA (Safety homes) discussion close relationship to the victims, such as Indonesia
father, stepfather, stepbrother, friend, or
neighbor
CSA incidents occurred at foster care
• institution (3 cases); at victim’s home or
perpetrator’s home (8 cases)
23 girls, CSA victims, who received LBH assistance Case study, interview and • The perpetrators were victim’s father/ Bahasa
(legal aid institutions). observation family member (2 cases), neighborhood Indonesia
security guard (2 cases), neighbor (2 cases),
adult males (17 cases)
• CSA incidents occurred at home,
perpetrator’s home, security office room, or
farm or areas outside the neighborhood.
Household who have children 13–18 Household survey • 6.36 % of boys and 6.28 % of girls reported Bahasa
Target sample N = 2580 (F = 1290, M = 1290) interview that they had sexual experiences by force Indonesia
Response Rate (F = 66.6%; M = 56%) before the age of 18.
• The perpetrator were family members,
strangers, and friends
• CSA incidents occurred at home, school and
public areas.
CSA victims who received social assistance from child Case study, interview; • Most of the victims were girls, some cases Bahasa
welfare institutions. focus group discussion reported that the victims were boys Indonesia
• The perpetrators were family members
such as father or other relatives, strangers,
and friends
1738 students (816 males; 922 females), from 30 Interview • 21 % of boys and 17 % of girls reported English
schools. Each school, two classes of grade VIII/8. experiencing sexual abuse at school in the
past six months.
(continued on next page)
Child Abuse & Neglect 95 (2019) 104034
 Table 1 (continued)

Author (year) Geographic Area Sample size Research Method Finding Language

• Nearly 80% of respondents reported that

the perpetrators were male students in their
school, whereas 22% mentioned girls.
Y.F. Wismayanti, et al.

Kementerian Kesehatan RI National survey among students
(2015) (The second GSHS in Indonesia)
Sofian et al. (2017) Five cities: Jakarta, Makassar,
Magelang, Mataram, and
Yogyakarta
11,110 students (5090 males; 6020 females) aged 13- School-based students 5.2 % of students had sexual intercourse during Bahasa
15 years health survey the past 12 months (7 % for male students and Indonesia
3.7 % for female students).
157 respondents (children, parents, foster care staff, Case study, mix method • All CSA victims were girls Bahasa
school teachers, and social workers) (Quantitative and • 99% of the perpetrators were males such as Indonesia
Qualitative approach) friends, boyfriends, and family members
• 30.56% of CSA cases occurred at friends'
homes, and 19.44% occurred in victim's
home

6
Child Abuse & Neglect 95 (2019) 104034
Y.F. Wismayanti, et al. Child Abuse & Neglect 95 (2019) 104034

3.1. Factors influencing CSA in Indonesia

The literature identifies that social restrictions and economic vulnerability in Indonesia may contribute to CSA’s occurrence. CSA
is a taboo subject and this situation has a profound influence on disclosure rates and recognition of CSA as a social problem. In
addition, poverty has been identified as a driver of CSA in Indonesia because it increases children’s vulnerability (Coram
International, 2016).

3.1.1. Taboo and stigma

In Indonesian society, sex is not openly discussed. This makes disclosure of sexual abuse difficult. Ten papers identified that the
sensitive nature of CSA often results in victims and families not disclosing or reporting due to fear and stigmatization. Widodo et al.
(2014) reported that CSA incidents are considered as a disgrace to victims, a situation that brings shame to their parents and families.
The sensitivity of the issue often results in non-disclosure. Studies on disclosure of child sexual abuse highlight that most victims face
a significant dilemma regarding whether to disclose abuse (Bhatla, Achyut, Khan, & Walia, 2015; Rumble, Ramly et al., 2018; Sisca &
Moningka, 2011). In Indonesia, most of the victims did not share or report their experiences until they reached adulthood; many also
chose not to tell anyone (Paramastri & Priyanto, 2010) due to the negative stereotypes and the fear of consequences of informing
parents, authorities, families, and society (Anonymous, 2011; Maslihah, 2013; Paramastri & Priyanto, 2010). Gender inequality may
also limit the capacity of women and children to disclose CSA due to gender norms and models of masculinity that inhibit women and
children from speaking out, especially because violence in the family is regarded as a private matter (Rumble, Febrianto et al., 2018).
In East Nusa Tenggara province, neighbors did not want to make a report to police if they suspected a neighbor of sexual abuse (Horn,
2011). This reluctance indicates the strong tendency of Indonesians to not disclose the CSA occurring in their surroundings (Horn,
2011). In Indonesian society, any sex-related incident is regarded as taboo, let alone a sexual abuse incident, which is perceived as an
embarrassing tragedy for the families that this should not be disclosed to the community and public (Child Frontier, 2010). This
climate of silence and stigma means the perpetrators can use these attitudes to act with a sense of impunity.

3.1.2. Poverty and economic vulnerability

Seven papers pointed out that CSA incidents in Indonesia may be exacerbated by poverty and economic vulnerability. Poverty is a
risk factor that can increase the chances of a child being subjected to violence (Coram International, 2016). In this situation, poverty
contributes to poor child welfare, including poor health, lack of educational opportunities, and risk of trafficking (O’Leary et al.,
2019). The risk of violence and CSA increases when poverty is entrenched in the community (Coram International, 2016) and may be
associated with increased perpetration rates of CSA (Sofian, Hermawati, Winarno, Tursilarini, & Ramadani, 2017). Family poverty
and poorly educated parents increased the likelihood of a child experiencing CSA (Widodo et al., 2014), due to lack of resources and
access to information on CSA prevention and intervention (Coram International, 2016). These studies show that poverty is a sig-
nificant determinant of child violence, including sexual abuse.
It has been found that children living in poverty and children from “broken homes” are among the highest-risk groups who
experienced violence (Center for Child Protection, 2013). This statistic particularly refers to street children; Andriyani (2009) claims
that female street children in East Jakarta are often sexually abused by their boyfriends or their friends in the streets. A report by
SMERU also concluded that children living in poverty are more prone to experiencing exploitation, neglect and violence that includes
sexual abuse and severe disadvantage to their compromised physical, psychological, and intellectual development (SMERU, 2014).
In addition, the trend of urbanization in Indonesia may have contributed to increasing CSA incidents. Migrants are often from
poor families with limited education and skills; hence, their job and housing options expose them to problems such as criminalization
and health issues (Widodo et al., 2014). This circumstance indicates the link between migration and CSA in which poverty-related
migration increases the risk of CSA (Coram International, 2016). Economic vulnerability adds to the risk of migration and the
consequences can place children at greater risk of experiencing various forms of violence, including sexual abuse. The inter-con-
nected nature of poverty, urban migration, poor education opportunities and fractured family relationships indicates multiple points
of increased vulnerability to CSA.

3.2. Prevention and intervention on CSA in Indonesia

The review identified that most of child protection programs in Indonesia are general child protection programs that target more
than one type of vulnerability and are not specifically focused on CSA. Most studies on CSA in Indonesia are broadly evaluation
research, aiming to measure the effectiveness of the existing child protection programs in the country. As result, they provide only a
partial report on CSA. Examples are the two pilot ‘cash conditional transfer’ programs: Program Keluarga Harapan (PKH, Family Hope
Program) and Program Kesejahteraan Sosial Anak (PKSA, Social Welfare Program for Children). Both programs aim to protect children
by improving their health and education in order to break inter-generational poverty; in doing so, children are equipped for a better
future and protected from violence and CSA (World Bank Office Jakarta, 2011). Neither program recognizes that the perpetrators of
child abuse and neglect may be family members.
PKH aims to help children access their basic needs, such as food, education, and health services and encourages the shift from
institutional to family-based care (World Bank Office Jakarta, 2011). The program has shown positive impacts on poor households
because it helps to improve their access to primary services, such as healthcare and education (World Bank Office Jakarta, 2011).
However, there is no evidence yet that shows a change in education behaviors and long-term health outcomes in those poor
households (World Bank Office Jakarta, 2011). PKSA’s approach to protecting children is by grouping children based on their needs.

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Y.F. Wismayanti, et al. Child Abuse & Neglect 95 (2019) 104034

Children are categorized into five groups: (1) neglected children; (2) street children; (3) children in conflict with the law; (4) children
with disabilities; and (5) children in need of special protection. CSA victims are classified into the fifth group and they receive
assistance from the PKSA program, including social assistance, education and health access for children, economic assistance for
parents, and family counselling (Kepmensos, number: 15A/HUK/2010). Schubert, Rusyidi, Pratiwi and Halim (2015) found that PKSA
had a positive impact on micro levels, including health and education for children. However, it did not have a significant impact on
macro levels such as reducing poverty or the vulnerability of children. PKSA also has a number of limitations in data management and
design of monitoring and evaluation. Thus, child sexual abuse, especially within the family, remains a hidden problem.
The Indonesian government has taken steps for prevention, both in national policy and strategy and in regional ASEAN and
international levels. At a global level, Indonesia is committed to achieving the Sustainable Development Goals ratified by the UN
General Assembly in September 2015 on the elimination of child violence including CSA. At the regional level, the government was
also involved in preparing the ASEAN Action Plan to reduce violence against women and children.
The commitment to end violence against children is also a national development priority. In the National Medium-Term
Development Plan (RPJMN) 2015–2019, child protection is one of five priorities in human resource strengthening and includes
protecting children from sexual abuse. However, this policy reflects Indonesia's broad child protection vision; it has not yet been
successfully translated into an overarching national plan for child rights or child protection from sexual abuse (Bappenas, UNICEF, &
Global Affairs Canada, 2015). The national vision stated in RPJMN 2015–2019 is translated into three action plans to better protect
children from violence, including sexual abuse. The three action plans include:

(1) RAN-PA 2015–2019, a national action plan to protect children from violence, under the coordination of the Ministry for Women’s
Empowerment and Child Protection (KPPPA);
(2) Presidential Instruction No. 5 year 2014, concerning the National Movement Anti-Sexual Crime against Children (GN-AKSA); and
(3) STRANAS PKTA 2016–2020, a national for the elimination of violence against children.

To support the implementation of this national policy at the regional level, the Ministry of Women’s Empowerment and Child
Protection designed the Child-Friendly City Program to strengthen the local commitment on child protection. This program was
issued in the framework of preventing and responding to all forms of violence against children in a systematic, integrated, evidence-
based, coordinated, participatory manner and in the best interests of the child. The abovementioned action plans and Child-Friendly
City Program, including most of the child protection programs, appear to be implemented under the national government direction.
However, most studies stated that there were challenges in implementing these national programs. For example, the lack of a lead
actor at a national level made it difficult to coordinate across stakeholders both at national and subnational levels (Boothby, Stark,
Simmons, & Chu, 2009; Bappenas & UNICEF, 2011; Carvalho & Koteng, 2014). In addition, there is a lack of local personnel capacity
and only limited human resources for child protection services (Widodo et al., 2014), including for monitoring and consistency of the
program (Widodo et al., 2011).
Decentralization has tended to cause multiple challenges for coordination due to the lack of resources and capacity in child
protection at district and sub-district levels (Boothby & Stark, 2011; Boothby et al., 2009). For example, there is lack of synergy
among child protection actors at local level in terms of goals, objectives, and components of child protection systems due to limited
knowledge and skills (Boothby et al., 2009; UNICEF, 2015a). In addition, the coordination mechanism is overly subject to local
government’s leadership; it depends on the political will of the Mayor or Regent (Carvalho & Koteng, 2014). However, if the capacity-
building takes place at the sub-national levels, decentralization can offer opportunities for rapid, appropriate, and well-targeted
responses (Bappenas & UNICEF, 2011). Studies by Carvalho and Koteng (2014), IOD PARC and UNICEF (2015) and World Bank
Office Jakarta (2011) all agree that Indonesia needs a more comprehensive and integrated child protection approach in order to
protect children from neglect, maltreatment, and other forms of violence, including CSA.

3.3. Conflicting laws inhibiting effectiveness of child protection in Indonesia

The review found that there are contradictions within the Indonesian laws in terms of how to define a child and what the
minimum age is for sexual consent and marriage. Added complexities are evident in gender-specific definitions for consent and
marriage. The different age limits across Indonesian laws make it difficult to identify and to protect children from any abuse and CSA.
In Indonesia, the definition of a child and the minimum age for sexual consent and marriage are regulated in three main laws: (1)
Penal Code, (2) Marriage Law, (3) Child Protection Law. Each of these laws is independent, does not replace one another, and have
several contradictions. Firstly, the Penal Code mentions the minimum age for sexual consent for girls to be 15 years old, while not
mentioning any age restriction for boys and no recognition that males can be victims of rape (Penal Code, article 285 & 287).
Secondly, the Marriage Law No 1/1974 states that girls can marry at 16 and boys can marry at 19 years old (article 7, verse 1).
However, it also allows for children below the legal age to marry by obtaining a marriage dispensation granted by a local religious
court. This implies that this law legalizes child marriage. Thirdly, the Child Protection Law No 35/2014 (amended from Law No. 23 of
2002) defines children as people who are below 18 years old. This law was passed after Indonesia ratified the Convention on the
Rights of the Child by Presidential Decree No. 36 of 1990. Child Protection Law also regulates parental participation in preventing
child marriage as mentioned in Article 26.
Given the contradictions across these three laws in defining children and minimum age for sexual consent and marriage, there is a
tendency for the Penal Code and Marriage Law to override the Child Protection Law in interpreting a CSA case. The Penal Code can
override Child Protection Law because it is the primary legal source for criminal law that regulates criminal offenses in Indonesia,

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while the Marriage Law overrides Child Protection Law because Indonesia adheres to the principle of Lex specialist. Lex specialis legi
derogat generali is the principle of legal interpretation, which states that special law (lex specialist) overrides general law (lex generalis)
(Butt & Lindsey, 2018). In this case, Marriage Law is a special law to approve marriages, while Child Protection Law is considered a
general law. These conflicting laws show the inconsistency in the application of laws to end child marriage and protect children in
Indonesia, and to specifically to protect children from sexual abuse within the family.
The contradiction of laws indicates that the children may legally marry when younger than the International standard of 18 years
for marriage referred to the General recommendation No. 31 of the Committee on the Elimination of Discrimination against Women
and general comment No. 18 of the Committee on the Rights of the Child on harmful practices. According to the General
Recommendation Committee CRC, States Parties of the Convention are required to determine the minimum age of consent for a
person to have sexual activity. UNICEF (2015a, 2015b) mentions that the average age of consent internationally appears to be 16
years, however, it points out that most countries may be breaking their own criminal laws where the adults still have sexual in-
tercourse with children below 18 years due to complexities across Laws.
It can be seen that the acceptable minimum age for sexual consent in Indonesia under the Penal Code can be as young as 15 years
old for girls. This law only mentions sexual consent for girls and this may add to girls’ vulnerability whilst under the age of 18 years.
This law is aimed at the protection of children. When children are below the age of consent, they are not deemed capable of
consenting to sex, thus removing the possible defence of consent. As the penal code only sets an age of consent for girls, it com-
municates that only girls need protection. For example, if a 15 year old girl has sex with a boy neither will be prosecuted. It becomes a
crime if the incident is deemed to be forced or rape. If the girl was under 15 years of age it would be unlawful. However, if the girl
regardless of age is married and the incident (even in case of rape) involved solely the husband it would be lawful (Penal Code article
287).
It states that "anyone using force or threat to have sexual intercourse, having sexual intercourse with an unconscious or helpless
woman, and having sex with a child under the age 15 outside of a legal marriage will be threatened with imprisonment" (Penal code
article 285 & 287). The Penal Code also fails to protect children from sexual abuse if the incident took place within a legal marriage. It
is because Indonesian Law adheres to the principle of legality which determines that any criminal act cannot be punishable except on
the strength of the availability of the existing criminal legislation as detailed in the Penal Code article 1. However, Child Protection
Law states that definition of a child is all of people under 18 years of age, thus regardless of gender all children should be protected
from any abuse including forced child marriage and any sexual abuse. This highlights the need for the Child Protection Law to
override other contradictory laws.
The social consensus in the community provides opportunities for the continuation of the practice of child marriage (Burn &
Evenhuis, 2014). In 2012, more than 90% of dispensations for child marriage were approved by the district religious courts, and the
number of applications has been increasing in recent years (Burn & Evenhuis, 2014). In some cases, the parents forced their child,
either girl or boy, into marriage, particularly if the child had an intimate relationship with her or his partner resulting in pregnancy
before marriage (Burn & Evenhuis, 2014). It is important to note that mostly dispensations are given for a female child to marry an
adult male who is often many years older, thus exposing the girl to sex without consent (BPS, 2016). Parents who requested per-
mission for their under-age child to marry totaled 9632 cases in 2012 (Burn & Evenhuis, 2014). Local authorities have also taken part
in supporting child marriage, whereby local authorities in most of the cities in Indonesia altered the age of the registrants in order to
overcome the legal requirement for marriage registration (Burn & Evenhuis, 2014). It is a serious problem that is underpinned by
rigid gender and cultural beliefs (Burn & Evenhuis, 2014). Due to the contradictory rules across the laws, many children in Indonesia
are placed in a vulnerable position where they may be sexually exploited and not protected by law (Bappenas et al., 2015). The
complexities of laws create conflicts in policy and legal frameworks that can be used selectively and not necessarily in the best
interest of the child (Herbert, 2008).
Moreover, the Law No. 1/1974 (Marriage) and Law No. 35/2014 (Child Protection) in Indonesia have contradictory rulings on
how a child is defined and the age of sexual consent and marriage. In particular, if girls marry, they effectively forfeit any rights under
Law No. 35/2014 (Child Protection), because they are no longer defined as children. This creates further problems about how to
identify child sexual abuse and adds to concerns about gender equity in the way CSA is addressed in Indonesia. It contributes to
prevailing attitudes by making child sexual abuse within the family acceptable in the community.
Indonesia is somewhat vague in the provisions relating to the definition of a child because of the contradictions across laws. In
December 2018, the Indonesian Constitutional Court (MK) accepted the judicial review of the age limit for marriage, especially for
girls, that the minimum age of 16 for women to marry is unconstitutional. The Indonesian Parliament (DPR) must follow up on the
Constitutional Court’s decision by amending the marriage law in three years.
However, the contradiction across the laws is the main problem in Indonesia on minimum legal age for marriage. The government
has a stated commitment to end child sexual abuse and child marriage, but it still has many obstacles, including contradictions across
the laws, law enforcement, implementation of programs, and other socio-cultural issues. The consequences of setting the age of
consent or marriageable age under 18 can be severe especially for girls, because they become vulnerable to forced marriage, sexual
relations, childbearing, domestic violence, sexually transmitted infections, rape, and maltreatment.
These problems stand in contrast to the Indonesian government having a strong commitment to protecting children’s rights which
has been inspired by the International Concepts of Human Rights. The 1945 Constitution of Indonesia (UUD, 1945) is the highest
legal authority in the Indonesian government system and it drives all laws, which also covers children’s rights, as well as protection
by the state from exploitation, violence and discrimination (Herbert, 2008). Indonesia also made further progress by passing the Law
on Child Protection No. 35/2014 to provide a comprehensive approach to child protection. These initiatives are expected to provide
some basis for addressing the contradictions in law and policy.

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4. Discussion

The synthesis of both English and Bahasa Indonesian literature reveals four main findings on CSA in Indonesia. First, the limited
studies, including data collected by government, are not adequately rigorous or systematic to provide a reliable national picture on
CSA. Apart from a lack of consistent data collection across provinces, there has been a historical focus on CSA occurring outside the
family (Rumble, Febrianto et al., 2018); even though international research indicates it is more likely to occur within the family
(Pinheiro, 2006). Other factors contributing to the lack of quality research relate to the chronic under-reporting of CSA due to social,
taboos and stigma along with the conflicting legal definition of a child. All of these issues are a challenge for prevalence research on
CSA in Indonesia.
Second, CSA does not have a simple etiology. In Indonesia, there is limited knowledge and research on CSA because it is a
sensitive and stigmatized issue that is difficult to openly discuss. In fact, conducting research on CSA is challenging because the topic
is often associated with cultural taboo (Fontes & Plummer, 2010). Many children never report or wait until they reach adulthood
(Goodman-Brown, Edelstein, Goodman, Jones, & Gordon, 2003). Some are unable to report, or the families do not report when they
hear the disclosure (Hershkowitz, Lanes, & Lamb, 2007). Due to this under-reporting of CSA cases, action on prevention and in-
tervention for CSA victims becomes seriously undermined (Gilligan & Akhtar, 2005). While under-reporting of CSA is recognized as a
worldwide problem (Pinheiro, 2006), it appears that it is more chronic in Indonesia. Without confidence in reporting, and unreliable
data about the size of the problem, there is limited impetus to develop prevention and intervention programs, especially at the sub-
national and local levels.
Third, this review identified that child protection policies and programs in Indonesia lacked specific focus on CSA. Although the
policies aim to protect children from all forms of abuse, evaluation studies found that the existing child protection programs, such as
PKH and PKSA, tended to not give specific attention to CSA. Its particular nature, consequences, and dimensions are not recognized.
In addition, most of the existing policies on child protection are based on national agendas that differ in their implementation and
outcomes at regional levels. This shows significant difficulties in coordinating sustainable strategies on CSA prevention across the
country (Bappenas et al., 2015).
Finally, there is still no consensus on the definition of a child (UNICEF, 2015b). This is most evident in our review of various
Indonesian laws used in addressing CSA cases in the country. Despite having in place a framework of human rights since the late
1990s, the framework has not yet transformed existing laws to better protect children from sexual violence. The existing Indonesian
laws, reviewed in this paper, show a legal contradiction in the definition of a child, such as the differences between minimum age for
marriage (Law No 1/1974 on Marriage), sexual consent (Penal Code) and obtaining legal protection from child abuse (Law No 35/
2014 on Child Protection). This legal pluralism can lead to problems and misunderstandings about how to identify the victims of child
sexual abuse, especially in the courtrooms.
In Indonesia, the Penal Code is the primary legal source for criminal law that regulates criminal offences. The Penal Code is
inherited from the Dutch colonial law, which contains entrenched racial and gender discrimination (Katjasungkana, 2008). Recently,
there has been debate over how the Penal Code could provide better protection for victims of human rights abuse. It is argued that the
Indonesian Penal Code is limited in its capacity to adequately respond to child rights abuses. It only covers the punishment for the
offenders of assault, torture, kidnapping, and rape but it is not focused on the child victims or other types of CSA, such as grooming
and exposure (Herbert, 2008). This indicates that there is no guarantee that children would be protected from the violation of the
law, or in what manner sexual offenses against children might be treated differently.
There is a complexity on what laws should be applied especially in regards to minimum marriageable age. As a result, child
marriage cannot be resolved through the criminal justice system because there are no criminal rules which are violated. In addition,
criminal law enforcement is still sourced from Indonesian Penal Code which is a replica of the Wetboek Van Strafrech (WVS) created
by the Dutch colonial government that might not materialize justice for children. In reality, most of the judges in Indonesian courts
still follow the penal code or elect to use the minimum penalties for perpetrators. This is most often due to judges not having adequate
knowledge of other laws and their application to children (Taylor, 2008). They often have no specializations, which means that the
same judge must be able to handle all litigation cases, such as criminal, commercial and civil ((Butt & Lindsey, 2018; Taylor, 2008).
Moreover, the judges may have been influenced by local cultural and religious attitudes and contexts (Taylor, 2008). It is essential to
ensure the judge understands how to apply laws that prioritize the protection of children against any abuse. For example, legally, the
Law No 35/2014 on Child Protection should be used in preference to the Law No 1/1974 on Marriage or the Penal Code, but at
present there is no consistent application of laws to child protection cases.
The ambiguity of various aspects of legislation in Indonesia influences implementation of prevention and intervention policies
and programs. In order to protect children from sexual abuse, it is important for the Indonesian government to consider reviewing
existing provisions related to CSA with a view to expanding the definition of children. Furthermore, the Penal Code needs to spe-
cifically recognize that males can also be victims of rape. It is important to consider raising the age of consent and marriage to 18
years for sexual activity occurring between a child and an adult. In the interests of gender equality, ensuring the same age of consent
and marriage applies for boys and girls is important in protecting children from sexual abuse and child marriage. For instance, a
minimum age of marriage for both boys and girls in line with international standards (18 years or above) should be established. In no
circumstances, should there be a difference in the minimum age of marriage and sexual consent for boys and girls. In addition,
parental consent should not be considered as a sufficient condition to warrant an exception to the minimum age for marriage.
While the national vision and strategic direction are unambiguous in their aims to protect children from the worst forms of
violence and abuse, the underpinning mechanisms in policy and law are not consistent and are sometimes contradictory, leaving
them out of step with the national vision and strategy. The child protection legislation is an important step forward on the path to

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development of an effective child protection system in Indonesia, but this approach requires consistent application of the law for CSA
cases. In turn, this sends a public message on the abhorrent nature of CSA, which will be important in prevention initiatives.
Indonesia urgently needs to develop a strategy of monitoring the implementation of programs at regional levels, which in the past
has reduced the efficiency and the effectiveness of programs on CSA prevention and intervention. Synchronizing the targeting of CSA
prevention and intervention resources and programs between the central and national levels must be a priority with the active
involvement of stakeholders. A more specific and responsive approach in the local government is essential to protect children from
any sexual abuse. These strategies may include: i) educating social workers, teachers, community leaders, religious leaders, parents
and children about CSA and impact of child marriage, ii) providing information about child rights, sexual health rights, gender
equality, and healthy sexual behavior for children, parents, and community, iii) working together between law enforcer, religious
leader, and community to take action on CSA prevention and intervention and to end child marriage, and iv) providing services
directly to CSA victims, families and communities through social assistance, education, and treatment programs for the victims.
Finally, synergy and coordination between and among the action plans and the many actors involved in child protection initiatives
(including governments, United Nations agencies, and nongovernmental organizations) are essential approaches to CSA prevention
and intervention in Indonesia.

5. Limitations

This review has several limitations. CSA is a relatively new issue for the Indonesian government; data remains limited and may
not be publically available or readily accessible. Therefore, the information on how national policies and local authorities share their
resources to support CSA prevention and intervention programs remains largely undocumented. This limits commentary on the
effectiveness of programs. Most of the studies included in this review did not specifically focus on CSA, which is systematic of the lack
of rigorous research on CSA in Indonesia. Strength of the current review is that it reviewed scholarly and grey literature, policy and
law written in Bahasa as well as those written in English.

6. Conclusion

This review has provided the first overview based on all available sources in English and Bahasa. However, research knowledge on
CSA in Indonesia is embryonic and lacks reliability. Knowledge on the occurrence of CSA in Indonesia remains sparse and incon-
sistent, which is reflected in various contradictions in policy and law highlighted in this review. The current lack of knowledge and
complexities of laws influences the delivery of CSA prevention and intervention programs in Indonesia. Responses to CSA are lacking
in an evidence base.
This review concludes that while more research is needed on the occurrence of CSA in Indonesia, there are some immediate gaps
in the understanding of the way that CSA is understood and conceived in policy and law that require urgent attention. Research
addressing this gap will provide a basis for consistent and specific framing of CSA to improve data collection, policy, services, and
legal harmony.

Acknowledgement

This study is part of a PhD research funded by a partnership between the Ministry of Social Affairs, Republic of Indonesia and
Griffith University, Australia.

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