SEX WORK AND THE LAW - HIV/AIDS Data Hub

deportation, with limited access to HIV services. In Indonesia and Myanmar, sex workers
may be detained in rehabilitation centres.
In Thailand, sex workers who are Thai nationals may access entitlements to pensions and
benefits for disability through contributing to the social security fund.
TABLE 3: LEGALITY OF ADULT SEX WORK IN SOUTH EAST ASIA
Legal Illegal Not Illegal*
Country
Brunei 370
Cambodia
Indonesia
Lao PDR
Malaysia
Myanmar
Sex work in
private Soliciting Brothels Laws
The Penal Code 1951 provides offences for loitering
or soliciting for purpose of prostitution.
The Women and Girls Protection Act provides
offences for selling or obtaining possession of any
woman or girl for the purpose of prostitution; or
procuring (Section 3); living on the earnings or
trading in prostitution (Sections5); and brothelkeeping
(Section 6). Sharia law also operates, which
criminalizes sex work.
The Constitution prohibits exploitation by
prostitution (Article 46). The Law on the Suppression
of Human Trafficking and Sexual Exploitation, 2008
provides offences for a person to willingly solicit
another in public for the purpose of prostituting
himself or herself (Article 24); procurement of
prostitution (Article 26); management of an
establishment of prostitution (Article 30); provision
of premises for prostitution (Article 32). Article 298
of the Criminal Code also punishes soliciting.
There are no national prohibitions on sex work or
brothels. Some, provinces or districts have enacted
local laws to regulate brothels, some provinces or
districts prohibit sex work or apply sharia law.
The Penal Code provides offences for engaging in
prostitution; assisting or facilitating prostitution;
generating income through procuring prostitution
(Articles 122-123).
State-level sharia law operates to criminalize sex
workers and their clients if they are Muslim citizens.
The Penal Code provides offences for soliciting
(Section 372B) and keeping a brothel (Section 373).
The Suppression of Prostitution Act 1949 provides
offences for sex work, soliciting or keeping brothels.
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