Indonesia

Last updated on: 12 May 2015

Criminalisation of HIV transmission/exposure

Indonesia
Whether Specific law enacted: 
No
Number of people prosecuted: 
-
Number of people convicted: 
-
Applicable law: 

No national legislature but there are a number of provincial and district by-laws on HIV.

UPDATE   The Jakarta Post, Jakarta | National | Mon, May 04 2015, 6:14 AM - See more at:   http://www.thejakartapost.com/news/2015/05/04/local-bylaws-risk-stigmatizing-hiv-patients.html

'The HIV/AIDS Research Center of Atmajaya University has released a study arguing that HIV patients may be stigmatized by local ordinances requiring them to admit their health status to their partners. 
The bylaws stipulate that hiding HIV status from partners or spouses can be categorized as a crime, as such concealment is considered to put others’ health at risk. 

Indonesia does not have a history of progressive responses to the issue of criminalisation - see the discussion section below.

 

Discussion: 

Indonesia’s government has been considering criminalising “intentional transmission of any infectious disease”, with a maximum prison term of five years. No reports have emerged of this having become law.

More recently, legislators in the province of Papua proposed a law that would require people living with HIV to be implanted with microchips so that authorities could monitor their behaviour. The proposal called for a prison sentence of up to six months for HIV-positive people found to be “actively seeking sexual intercourse”[1].


[1]The Body Bill to Implant Microchips in “Sexually Aggressive” HIV-Positive People in Indonesian Province Generates Support, Criticism. 25 November, 2008

Survey respondents/Organisations working on HIV and the Law: 

Yayasan Spiritia

Further reading: 

Kitab Undang-Undang Hukuk Pidana (KUHP or Penal Code)

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

There are no specific entry or residence regulations for people with HIV/AIDS. Neither a medical certificate nor an HIV test result is required when entering the country. Foreigners with a known HIV infection are not subject to specific residence regulations. There are no regulations regarding the control, deportation or expulsion of those concerned.

As of 2010, a drug and HIV test are required in order to obtain a work visa (KITAS) from the Education Department (DIKNAS). The Education Department states that the requirement is not new, but that they have only started enforcing it since mid 2010. People currently working in Indonesia as teachers must take an HIV test in order to renew their work visa.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal only in some areas

Punishments for male to male relationships: Imprisonment of less than 10 years

Female to Female Relationships: Legal only in some areas

Age of consent: Equal for heterosexuals and homosexuals

For updated information, please go to: http://ilga.org

Laws relating to injecting drug use: 

Yes

Protective laws and policies for people living with HIV: 

No