SEX WORK AND THE LAW - HIV/AIDS Data Hub

of Rp 5000 before leaving.…Security is also the reason that many prefer to live and
work in the lokalisasi rather than in individual bars.
[The mining company] has set up an STI clinic that is staffed for a few hours each
week with Health Clinic (Puskesmas) staff. The sex workers are on a rotational roster
for cervical swab tests and are provided with medications and free condoms.
The rise of populist Islamic parties has resulted in the closure of some lokalisasi by
conservative local councils. In 2010, the Governor of East Java Province called on the
Surabaya city administration to close the Dolly lokalisasi complex, which is Indonesia’s
largest, on the grounds that it contributes to HIV spread. 409 The National AIDS Commission
has reported a concern that local government by-laws that have closed down lokalisasi
have resulted in the spread of street-based sex work, making it more difficult for local
health departments to provide services for STI control and condom promotion. 410
The Padang city public order agency (Satpol PP) arrested 52 women suspected of being
sex workers during raids on a sports stadium and entertainment clubs in 2012. The raids
were sought to enforce an anti-vice municipal regulation. Women found to be sex workers
were detained in a social rehabilitation center. 411
The Community Legal Aid Institute (LBHM) and the Indonesian national sex worker
organization (OPSI) provided the following summary of legal and law enforcement issues
affecting sex workers in the consultation process organized for this report: 412
The Indonesian Constitution guarantees the right of all people to the enjoyment of the
highest attainable standard of health, including sexual and reproductive health, HIV
prevention and access to treatment for HIV/AIDS. Human rights apply to all people,
including female, male, and transgender people who sell sex and people living with
HIV. Governments have a responsibility to promote, protect and fulfill these rights by
putting in place relevant laws, policies and programmes. Sex workers are one of the
social groups least protected by law, most violated by law enforcement agencies and
most seriously discriminated by the greater society.
In Indonesia, laws, policies and practices against sex workers limit their right to basic
social economic rights such as access to education, health care, housing, banking
facilities, inheritance, and property. Access to legal services and protection are limited.
They may also lack identification cards to establish citizenship, as a result of migration
or other unfavorable regulations, which can lead to exclusion of sex workers from
health and social services. Activities associated with commercial sex are claimed as
‘morally’ illegal. As a result, areas where sex work activities take place are surrounded
by many criminal activities such as criminal gangs, gambling, and extortion. This
condition negatively impacts the health, safety, and the fulfillment of human rights
of sex workers.
The enactment of Act No. 32, 2004 on Regional Government has led to the problem
associated with the making of regional regulations that conflict with national
regulations. Such conflicting regional regulations are often endorsed by the Regional
People’s Representative Council through the Minister of Internal Affairs. The need to
adjust regional regulations to ensure consistency with national regulations has been
409 Close Dolly red light district: East Java Governor, Jakarta Post, 22 October 2010.
410 National AIDS Commission (Indonesia) (2010) National Composite Policy Index Survey: Indonesia.
411 More than 50 Sex Worker Suspects Arrested in Padang, Jakarta Globe, 18 May 2012.
412 Submission to UNDP Regional Office, January 2012.
130