INDONESIA | ASIA
Penal Code
Type of Measure
Laws > Violence against women > Legislation
Form of Violence
Sexual violence
Year
1999
Brief Description

The penal code only criminalizes acts of rape outside marriage unless the wife is underage and incurs injuries as a result.

Article 285

Any person who by using force or threat of force forces a woman to have sexual intercourse with him out of marriage, shall, being guilty of rape, be punished with a maximum imprisonment of twelve years.

Article 287

(1) Any person who out of marriage has carnal knowledge of a woman whom he knows or reasonably should presume that she has not reached the age of fifteen years or, if it is not obvious from her age, that she is not yet marriageable, shall be punished by a maximum imprisonment of nine years.

(2) A prosecution shall be instituted only by complaint, unless the woman has not yet reached the age of twelve years or one of the cases of Article 291 and 294 is present.

Article 288

(1) Any person who in marriage has carnal knowledge of a woman of whom he knows or reasonably should presume that she is not yet marriageable, shall, if the act results in bodily harm, be punished by a maximum imprisonment of four years.

(2) If the act results in serious physical injury a maximum imprisonment of eight years shall be imposed.

(3) If the act results in death, a maximum imprisonment of twelve years shall be imposed.

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