Guidance

Indonesia: information for victims of rape and sexual assault

Updated 13 December 2023

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British nationals overseas make informed decisions about whether and how to:

• seek medical advice and attention
• report to local police
• engage with legal authorities in Indonesia following a rape or other form of sexual assault overseas

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK.

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be.

You can:

• contact the international emergency number on 112
• contact your tour operator if you are travelling with one
• contact the nearest British Embassy, High Commission or Consulate or the British Embassy in Jakarta on +62 21 2356 5200. Embassy staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish

If you want to report the incident to the police in Indonesia

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British embassy or consulate, we will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to a trained consular staff on the telephone 24/7.

If you approach the police directly, you can also ask them to inform the nearest British embassy or consulate on +62 21 2356 5200 and we can offer you consular support.

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained.

Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, take those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

At the police station

Tell the police if you think you have been drugged.

Insist you get a police report, and request a translation in English if applicable.

It is not uncommon in Indonesia for the reported party to file a counterclaim alleging defamation (penghinaan) or a false report. Under the Indonesian Criminal Code (ICC), the most severe form of defamation is calumny (fitnah). The criminal sanction for fitnah can be imprisonment for up to 4 years, while the criminal sanction for submitting a false report is imprisonment for up to 1 year and 4 months.

Extramarital sex, meaning sexual intercourse between a man and a woman who are not married with their mutual consent, is not a crime under the ICC. The kinds of extramarital sex for which a criminal sanction can be imposed are the following:

• sex with children under the age of 15 (Article 287 of the ICC)
• sexual intercourse between a man and a woman (either one or both of whom is married to another) is deemed adultery, but requires a complaint to be submitted by the official spouse of one or both parties (Article 284 of the ICC)
• sexual intercourse involving the use of force or rape (Article 285 of the ICC)

In Indonesia, homosexuality is not legal, neither is homosexual marriage recognised by Indonesian law. Some discourse on the prohibition against homosexual acts will be included in the Criminal Code Bill. Currently, what is prohibited under the Criminal Code is only homosexual sex with minors.

Drinking is not a crime under the ICC. Meanwhile, although Law No. 35 of 2009 on Narcotics, as amended by Law No. 11 of 2020 (“Narcotics Law”), does not specifically provide a criminal sanction for drug taking, it imposes the following criminal sanctions for drug possession:

• imprisonment for 5 to 20 years
• a fine of IDR800,000,000 to IDR8,000,000,000 depending on the quantity of the drugs

In addition, under the Narcotics Law, a drug addict or the victim of drug abuse is required to undergo a course of medical and social rehabilitation. The Narcotics Law defines a “victim of drug abuse” as a person who unintentionally uses narcotics because he/she is persuaded, tricked, cheated, forced, or threatened into using narcotics. The sanctions for above crimes are same, no harsher, whatever the assailant’s background is either religious or ethnic.

Most major police stations in Indonesia have a women and children’s protection unit (in the Indonesian language: Unit Perlindungan Perempuan dan Anak) that specifically handles criminal cases in which the victims are female and juvenile, including rape/sexual assaults/child abuse cases.

Both female and male officers are available to deal with rape and sexual assault case.  If you do not speak Indonesian, under the Indonesian Law No. 13 of 2006 on Witness and Victim Protection, as amended by Law No. 31 of 2014 (“Witness Protection Law”), you will be entitled to be assisted by an interpreter. However, whether you are entitled to be assisted by an interpreter depends on the Witness Protection Agency’s decision in the case of such crimes among others, a serious human rights violations, corruption crimes, money laundering crimes, terrorism crimes, human trafficking, narcotics crimes, psychotropic crimes, sexual crimes against children, and other crimes that result in your life being endangered. We therefore believe that you, as a victim of a rape and sexual assault should be entitled to be assisted by an interpreter from the Witness Protection Agency. However, in practice, you may be asked to provide an interpreter at your own cost. You can refer to our list of translators.

Investigations conducted by the Indonesian police are not judge led. However, if the police need to conduct a search and confiscate evidence during the investigation (penyidikan) stage, the police must first obtain a warrant from the head of relevant District Court.

In rape and sexual assault cases, you are usually asked to undergo a medical examination (visum et repertum) at a hospital to collect forensic evidence to support your report. In addition, you will likely be examined by a forensic psychiatrist as well, so that the psychiatrist can issue a statement on whether you experienced rape or sexual assault or not.

We can come with you to the police station if that is what you want and inform you about local procedures. However, we cannot act as your interpreter. We can also contact your family/friends should you so wish and where possible.

The police may ask for a copy of your passport for investigation purposes, but should not keep the original passport after checking it.

You can choose your own lawyer. If you do not have means to hire a lawyer by yourself, the police may refer you to a public lawyer.

If you do not want to report the incident to the police in Indonesia

The British embassy or consulate will be able to help you. This includes helping you to contact your insurance company, your family, making arrangements to travel back to the UK and/or provide you with information on local support in the UK.

We can provide you with lists of English-speaking medical facilities, lawyers and translators.

If you are travelling with one, you can also report the incident to your tour operator and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on location and timing, a member of consular staff may be able to accompany you.

It is your choice on whether to report the crime.  If you don’t report it, your case may not be investigated.

Usually, you have to report the crime to the police in Indonesia for it to be investigated. However, in some cases (especially those which are not a “based-on complaint” crime), the police can commence an investigation on their own initiative. A rape and sexual assault is not a based-on complaint crime under the ICC.

If you do not wish to report the incident to the police, you may still get medical attention at your personal cost. You should go to the nearest hospital. See a list of doctors.

You can ask for forensic evidence to be taken even if you do not wish to report the crime immediately. It is important that this is done within 72 hours so that you still have enough time to collect evidence of physical contact from a sexual assault.

If you go to the hospital, you are entitled to receive the medical resume from the hospital about medical examination and treatment you receive.

If you choose to go to the hospital and then later you wish to report the incident to the police, you may be asked to have a second examination at the police hospital.

If you want to report the incident to the police in the UK

The support available to you, and your access to justice may vary according to where you report the crime. In many countries, you need to report the crime before you leave the country, if you want it to be investigated and police to obtain important evidence.

If you are staying in Indonesia, you should report the crime in the country. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in Indonesia and you return to the UK, you can still report the matter to your local UK police.

The UK police should send the information you provide to officials in Indonesia.  However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action.

You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Reporting the crime in Indonesia: what happens next

The initial reporting of the incident and the first interviews by the police may be done by a non-specialised officer, before a specially-trained officer takes over. In smaller towns there may not be a specialised officer at all. In larger towns, you may be escorted or have to travel to another police station.

You will be asked to tell the police about the incident in detail including describing the attacker(s).

The police may keep any evidence they consider related to the incident, including your clothes and electronic equipment.

You will be asked to undergo a medical examination at a hospital for forensic evidence and you may be asked to pay for the examination. The police may refer you to police hospitals or other hospitals of their choice. These hospitals are usually located in the main island/major cities. In Gili Trawangan, some of the clinics on the small island have partnership with the big hospital on the main island and can provide water ambulance to refer patients to the hospital.

The local police where the assault took place (especially in Indonesia) are under no obligation to inform the UK police (or the UK embassy) of an assault that has taken place in their country. An obligation to report such crimes might be included in a mutual legal assistance treaty which we understand, currently Indonesia and UK do not have.

Currently Indonesia and UK do not have a mutual legal assistance treaty on this matter, so we do not believe that the local police will notify the UK to undertake police checks on you.

The medical examination: what to expect

Only certain hospitals, mainly general hospitals, treat victims of rape or sexual assaults.

Hospitals do not automatically report the results of any examination to the police if there is no police request. You will need to make the report yourself.

If you report the incident to the police, they will either issue you a letter request for medical examination and leave you to visit hospital on your own or accompany you to hospital for the examination. In this case, the hospital will send their report to the police as a forensic report.  From our experience, forensic report may not made available to you as the police deem it is for investigative purposes. However, as a patient at the hospital, you are still entitled to receive a medical report/resume from the hospital.

During the examination, the doctor will carry out physical external and internal examinations that include blood sample taking. Pictures may be taken of your injuries. You may ask for a female member of the medical staff to be present during the examination.

We can accompany you to the hospital if that is what you wish.

Treatment

You may be at risk of pregnancy or sexually transmitted infections (STIs). Emergency anti-HIV medication, called post-exposure prophylaxis (PEP) may prevent HIV infection. However, PEP is not readily available in Indonesia, especially in remote areas. In Bali, we are aware that only Prof Ngoerah hospital has PEP. In Jakarta, you can go to Cipto Mangunkusumo hospital (RSCM) or Carolus hospital to get one. In Bandung, there is Hasan Sadikin hospital that provides PEP. If you are in other area, you should consult the nearest hospital as soon as possible.

Not all medical staff are able to give advice on HIV Post Exposure Prophylaxis (PEP) and PEP can only be given by prescription and under strict control in Indonesia. Some hospitals may refer you to an OBGYN first, some others will have the capacity to prescribe PEP in the emergency room.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to commence or continue the 28-day treatment on return to the UK.

Emergency contraception can only be obtained by prescription at the main general hospital or pharmacists, and you will have to pay for it. The local emergency contraception brands are Postinor and Valenor. Doctors will have to examine you first and conclude that rape has occurred before they can prescribe emergency contraception.

Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

You are likely to have to pay for the medical examination and any treatment yourself – if you have insurance, you may be able to reclaim these costs.

If you have had medication administered overseas, you should keep the label or make a note of the name of the medication, so that you let your local health provider know when you return home.

Police investigations in Indonesia: what to expect

The police can take you to the scene of the crime, or to the location where you think the attacker is located to try to identify and arrest the person.

If a suspect is brought to the police station, you will be asked to make an identification.

If the police have at least 2 items of evidence, after detaining the suspect, the police will have to build their case based on evidence (including witnesses’ statements).

In practice, the police will issue a case update report (Surat Pemberitahuan Perkembangan Hasil Penyidikan – “SP2HP”) to you. We understand that “further investigation” here means “penyidikan”. This is to differentiate it from the earlier stage, i.e. a “preliminary investigation” or “penyelidikan”. It is possible that you will have to give an additional statement if the case is referred to further investigation. However, you can expect that the questioning during the further investigation stage will be similar to the questioning during the preliminary investigation.

When the police have completed the case dossier, they will then refer the case to the Prosecutor’s office. The police have up to 60 days to complete their investigation and refer the case to the Prosecutor.  The Prosecutor’s office has up to 50 days to prepare the indictment to be submitted to the court for trial.

During the preparation of the indictment by the public prosecutor, you should not be asked to make statements before the prosecutor, because all of your testimony should have been collected by the police. Later, if the case goes to court, you will be expected to testify before the court, and will be cross examined by the Public Prosecutor unless you feel that you are in grave danger; in which case, under the Witness Protection Law, you should be able to submit your testimony to the court electronically, accompanied by an Indonesian police officer.

According to the local regulation, the appointed lawyer will have the right to represent you and have access to the case notes. Some law firms may offer pro-bono services. In Bali, victims can go to the Posbakum (court lawyer) office in the District Court and liaise directly. There is also a Legal Aid Institute (Lembaga Bantuan Hukum “LBH”) who can offer legal assistance with a minimum payment for rape and sexual assault cases (please see the list of support organisations in Indonesia below).

There is no restriction on you leaving the country after the case has been filed. However, you may be asked to return to Indonesia when the case goes to trial to give testimony before the court.

In some cases, your presence in country may be needed for the case to move forward smoothly. If you wish to return to the UK before your case goes to trial, please consult your lawyer and the police first.

Court procedures: what to expect

If the case goes to court, you will be expected to testify in court, and this includes a cross examination by the Public Prosecutor. Under the Witness Protection Law, if you feel that you are in grave danger, you may give your testimony to the court electronically, accompanied by an Indonesian police officer. The court now often offers victims to testify via video calls so they may not need to return to Indonesia.

Under the Witness Protection Law and the Regulation of the Head of National Police No. 6 of 2019, you are entitled to be kept posted with updates on your case. If you have a lawyer, your lawyer can provide advice on your legal rights including actions that you can take if your rights are denied. Your lawyer can submit a complaint if your case is not progressing or is taking longer than necessary.

It is possible that you will have to give an additional statement if the case is referred to further investigation.

You can usually drop charges while the case is still at the investigation process with the police by withdrawing your report.

There are no legal repercussions if you withdraw your report. However, if the reported party has evidence that the reporting party has filed a false report, you may face criminal sanctions. There is always a possibility that the alleged assailant may press counter charges claiming false accusations.

Under the Witness Protection Law, you are entitled to restitution for among other things, any loss you suffered because of the crime and reimbursement of medical and psychological examination costs. In addition, you can pursue monetary compensation in civil court by filing an illegal act (tort) lawsuit against the assailant.

Additional legal information

Trial

You have no obligation to provide particular documents when filing a report police. However, you do need to show your valid identification documents. If possible, you should provide evidence of the alleged assault to the police and name witnesses.

There is no specific guideline on how long you have to make the relevant filing. However, the statute of limitations for sexual assault crimes in Indonesia is 12 years. If you make the filing more than 12 years after the alleged assault, the state will no longer be able to prosecute the crime.

You must submit the filing directly to the relevant local police station. You cannot be represented. However, in practice, consulting a local legal aid/lawyer and having him/her accompany you during the submission of the report is recommended.

Trial procedures

During the investigation stage, you will be informed by the police through a SP2HP if the case will be referred to the prosecutor. Afterwards, you can follow up on the case with the prosecutor regarding the indictment preparation stage ie, ask when the trial will be held. The trial will be conducted in Indonesian.

You only need to be present in the witness examination session. Under the Witness Protection Law, if you feels that you are in grave danger, you can give your testimony to the court electronically, while accompanied by an Indonesian police officer. Specifically for a victim of rape and sexual assault, under Law No. 12 of 2022 on Sexual Violence Crimes (“Law 12/2022”) in the event that a witness or a victim for reasons of health, security, safety, or any other valid reason cannot be present to be examined in the trial, the examination can be conducted by:

• the reading out of the minutes of examination with statements given under oath or a pledge
• an inspection recorded electronically
• a remote direct examination using audio-visual communication equipment. The above statements of witnesses and victims have the same value as statements made by witnesses in court

If you do have to attend a trial in Indonesia, the authorities will not assist with travel and accommodation arrangements. Other means can be used for you to provide testimony in the trial. Please see the explanation above.

There is no definite timeline for a criminal case to come to trial as it depends on the complexity of the case and the investigators’ approach to the case. However, once the case proceeds to trial, the court should hand down its ruling within 6 months of the case being filed by the prosecutor. The defendant has the right to appeal to the High Court, and then to the Supreme Court. No hearings on the appeal need to be attended in the High Court or the Supreme Court.

Hiring a lawyer

A privately hired lawyer can help you with filing the criminal report and during the investigation. Under Law 12/2022, a privately hired lawyer is legally recognised as an assistant of a victim or witness. Therefore, if the police wish to summon you, they must first coordinate with the lawyer acting as your assistant so that the police can assess your readiness to be interviewed. If you suffered a severe trauma, the police can convey their questions to you through your lawyer.

Some law firms claim expertise in general criminal cases, but not specifically in rape and sexual assault cases. However, we believe that such firms can provide victims of rape and sexual assault competent legal assistance.

See list of Lawyers.

See list of translators.

Communication

The investigator will communicate with you during the pre-investigation and investigation stages and collect relevant evidence from you. Once the case has been referred to court, the assigned prosecutor will communicate with you and send the summons to you to appear in court during the trial.

There is no specific procedure if you are not resident in-country. If you are not a resident in Indonesia, but hire a lawyer, the lawyer’s office address is sufficient for administrative purposes related to the case. However, if you do not hire a lawyer, you can provide your address in the UK/country of origin for administrative purposes and make arrangements to be provided any relevant information by electronic means with the police, the prosecutor, and any other officials relevant to the case.

Legal aid

Under Law 12/2022, a victim of sexual assault is entitled to restitution and recovery services including, among others:

• compensation for the suffering caused directly by the sexual violence crime
• reimbursement of medical and psychological treatment costs
• compensation for other losses suffered by the victim as a result of the sexual violence crime e.g.: basic transportation costs; attorneys’ fees and other costs associated with legal proceedings; loss of income promised by the perpetrator; and loss of income due to the sexual violence crime. Since Law 12/2022 is a new law, the fulfilment of your entitlement to restitution under this law has yet to be seen

Sentencing

Currently under Law 12/2022, the sentences for rape and sexual assault are weighted in favour of punishment rather than rehabilitation.

Under the ICC, forcing a woman who is not the assailant’s spouse to have sexual intercourse is classified as a rape, which is a ‘crime against morality’. Moreover, since the recent enactment of Law 12/2022, the type of crime that the perpetrator will be found guilty of is considered a sexual violence crime, which can be either (i) a non-physical sexual violence crime or (ii) a physical sexual violence crime.

The sentences that judges can pass down depend on the type of offense:

The Criminal Code

1. Extramarital sexual intercourse with children who are not yet 15 years old: imprisonment for up to 9 years

2. Adultery: imprisonment for up to 9 months

3. Rape: imprisonment for up to 12 years

Law 12/2022

1. Non-physical violence crimes: imprisonment for up to 9 months and/or a fine of up to IDR10,000,000.00 (ten million Rupiah)

2. Physical violence crimes

a) if the intention was to degrade the victim’s dignity based on their sexuality or decency and the crime is not covered by other more severe criminal provisions, the sentence is imprisonment for 4 years and/or a fine of up to IDR 50,000,000.00 (fifty million Rupiah)

b) if the intention was to place the victim under their control against the law, whether in or out of marriage, the sanction is imprisonment for up to 12 (twelve) years and/or a fine of up to IDR 300,000,000.00 (three hundred million Rupiah); and

c) if it involves an abuse of position, authority, trust, or prestige through deceit or a relationship or exploiting the victim’s vulnerability, inequality or dependence, forcing or by persuading through deception the victim to engage in or allow sexual intercourse or obscene acts with him/her or with other people, the sanction is imprisonment for up to 12 (twelve) years and/or a fine of up to IDR 300,000,000.00 (three hundred million Rupiah)

If the defendant is acquitted by the District Court (court of the first instance), the public prosecutor can appeal against the acquittal directly to the Supreme Court.

Compensation

Since the Witness Protection Law and Law 12/2022 are silent on this matter, we believe that the restitution explained above also applies to foreigners.

When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live.

England: NHS Choices website, or search online for ‘NHS SARC’

Scotland: Archway SARC, or phone 0141 211 8175

Wales: New Pathways SARC, or phone 01685 379 310

Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board

Northern Ireland: Rowan SARC Northern Ireland, or phone 0800 389 4424

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your local health provider to test you.  You should do this even if you have been tested in the country that the assault took place in.

Support organisations in Indonesia

It is your choice to let people know. If you are ready to talk about it, these organisations may be able to help you.

LISA Helpline

A joint movement from 11 communities to create a suicide prevention and mental health helpline in Bali. They offer helpline in English too. You can reach them through the following number: 08113815472. You can read more about LISA helpline on this website: https://movementofrecovery.org/lisa-helpline/.

Mitra Perempuan

Jalan Tebet Barat Dalam IV B No. 23, Jakarta Selatan 12810 Jakarta

Telephone: (021) 837 90010

Monday to Saturday  from 8am to 5pm.

Counselling service and support for women as victims of violence.

Rifka Annisa

Jl Jambon IV, Kompleks Jatimulyo Indah, Yogyakarta 55242 - Indonesia

Telephone: +62 274 553333 (hunting)

www.rifka-annisa.org

Psychological and Law Consultation on Women and Children.

Lentera Sintas Indonesia

Twitter: @lenteraid

info@lenteraindonesia.org

https://www.sintas.org/

LBH Bali

Jalan Plawa No.57, Dangin Puri Kangin, Denpasar, Bali 80233

Telephone: 0361 - 223010

https://www.lbhbali.or.id/

Provides legal aid for victims of crime including victims of rape and sexual assault.

LBH Apik (Bali and Lombok)

Jl. Trengguli No. 85 Penatih Denpasar (ATM BNI)

Apik.bali@yahoo.com

Telephone: +62 819-9998-2064 (public phone) & +62 813-3731-1551 (Ibu Anggraeni)

The Women’s Legal Aid Organization Association for Justice in Bali (LBH Apik Bali) is one of fifteen organizations under the umbrella of LBH Apik Indonesian Federation.

Gives services and legal mentoring for victims of discrimination and violence against women, providing training, analyses, and advocating for the legal empowerment of Balinese society. The have network of support organisation across Indonesia and can refer you to one even if the case does not happen in their region.

Disclaimer

This information has been prepared by UK government officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither HMG nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production (02/02/2022).