The age of consent in Indonesia is effectively 18. Any sexual act with a person under that age can be prosecuted as rape or sexual violence against a child, carrying prison sentences that reach 15 years and, in the most serious cases, life imprisonment or death. Indonesia also criminalizes sex between unmarried adults, which adds a separate layer of risk that applies no matter how old the parties are.
Why the Line Is 18
Two laws work together to put the threshold at 18. The Child Protection Law (Law No. 35 of 2014, amending Law No. 23 of 2002) defines anyone under 18 as a child and criminalizes sexual violence and exploitation against children.1International Committee of the Red Cross. Law Number 35 of 2014 on the Amendment of the Law Number 23 of 2002 on Child Protection
The new Criminal Code (KUHP), which replaced the Dutch-era penal code on January 2, 2026, goes further. Article 473 classifies sexual intercourse with a child as rape regardless of whether force was involved, listing it alongside forcible rape with the same category of punishment. Article 415 criminalizes obscene acts with someone known or reasonably suspected to be a child.2The World is Watching. Law of the Republic of Indonesia Number 1 of 2023 on the Criminal Code
Prosecutors can charge under either framework or both. In practice, they often do.
Penalties for Sexual Offenses Against a Minor
Under the New Criminal Code
Article 473 treats sexual intercourse with a child as rape, with a minimum of three years and a maximum of 15 years in prison, plus fines. If the victim is the offender’s biological child, stepchild, or a child in their care, the sentence increases by one-third. Obscene acts short of intercourse are punishable under Article 415 by up to nine years. If the offense causes serious physical injury, the maximum rises to 12 years; if the victim dies, Article 416 allows up to 15 years.2The World is Watching. Law of the Republic of Indonesia Number 1 of 2023 on the Criminal Code
Under the Child Protection Law
The Child Protection Law often produces harsher sentences. Article 81 of Law No. 35 of 2014 sets a minimum of five years and a maximum of 15 years for sexual violence against a child, with fines up to five billion rupiah (roughly $300,000). A 2016 amendment added steeper consequences for severe or repeat offenses: the death penalty, life imprisonment, a maximum of 20 years in prison, and the possibility of court-ordered chemical castration with electronic monitoring.1International Committee of the Red Cross. Law Number 35 of 2014 on the Amendment of the Law Number 23 of 2002 on Child Protection
No Close-in-Age Exception
Indonesia does not recognize a close-in-age or “Romeo and Juliet” exception. Two 17-year-olds in a consensual relationship face the same legal exposure as an adult with a minor. There is no statutory defense based on the parties being similar in age, and no reduced penalty tier for peer relationships. Families on either side can initiate a criminal complaint regardless of mutual consent. Anyone under 18 is legally incapable of consenting to sexual activity.
Sex Outside Marriage Is Also a Crime
Even when both parties are over 18, consent alone is not enough under Indonesian law. Article 411 of the new Criminal Code makes sexual intercourse between people who are not married to each other punishable by up to one year in prison. Article 412 makes living together as an unmarried couple punishable by up to six months.
Both offenses are complaint-based. Police cannot investigate on their own; a prosecution can only begin if a spouse, parent, or child of one of the people involved files a formal complaint.3Constitutional Court of the Republic of Indonesia. Adultery Crime Will be Prosecuted if Reported by Husband or Wife or Parents or Children The structure limits random enforcement, but it also gives family members real power over adults’ private lives, and the threat of a complaint can matter even when no case is ever filed.
How These Laws Apply to Foreign Nationals
The Criminal Code applies to everyone inside Indonesia’s borders. Tourists, expatriates, and foreign workers are not exempt. The Indonesian government has pointed to the complaint-based structure of the extramarital sex and cohabitation offenses as a practical safeguard against arbitrary enforcement against visitors, because police cannot open a case without a family member’s complaint.
The child protection provisions work differently. They are not complaint-based. Any sexual offense involving a person under 18 can be prosecuted by authorities directly, regardless of who reports it or the nationality of the accused. Foreign nationals convicted of sexual offenses against children face the same penalties as Indonesian citizens and serve those sentences in Indonesian facilities. Several countries also maintain laws allowing prosecution of their own citizens for child sexual offenses committed abroad, so a foreign national can face consequences at home as well.
Minimum Age for Marriage
Marriage age in Indonesia is separate from the age of consent and is higher. Law No. 16 of 2019, which amended the 1974 Marriage Law, raised the minimum age for both men and women to 19. Before the amendment, women could marry at 16 with parental permission while men needed to be 19.4UNICEF. UNICEF Welcomes Recent Amendment of Indonesia’s Marriage Act
Even at 19, marriage still requires parental consent until the age of 21. Marriage without parental permission is only available from 21.4UNICEF. UNICEF Welcomes Recent Amendment of Indonesia’s Marriage Act Where parents refuse consent or one party is under 19, the only route is a judicial dispensation from a religious court for Muslims or a district court for everyone else.