Section 6. Discrimination and Societal Abuses
Birth Registration: Citizenship is derived through the citizenship of one’s parents. If citizenship of the parents cannot be determined, or the parents lack citizenship, citizenship can be acquired by birth in national territory.
The law prohibits fees for legal identity documents issued by the civil registry. Nevertheless, NGOs reported that in some districts local authorities did not provide free birth certificates.
Education: Although the constitution states that the government must provide tuition-free education, it does not cover fees charged for schoolbooks, uniforms, transportation, and other nontuition costs. The Ministry of Education and Culture, representing public and private schools, and the Ministry of Religious Affairs for Islamic schools and madrassahs, operated a system giving students from low-income families a financial grant for their educational needs. Nonetheless, high poverty rates nationwide put education out of reach for many children.
According to the Ministry of Women’s Empowerment and Child Protection’s 2019 Children Profile Report, approximately 10.9 million children ages five to 17 had not attended school and 3.2 million children had dropped out of school.
Child Abuse: The law prohibits child abuse, but NGOs criticized the slow police response to such allegations. The law also addresses economic and sexual exploitation of children. Some provincial governments did not enforce these provisions. In April, six female primary school students alleged their school principal had sexually assaulted them in Medan, North Sumatra. In May the principal was arrested and named as a suspect by police. In May a Quran teacher in Bekasi, West Java Province, was arrested for allegedly molesting a 15-year-old female student in a mosque where he worked.
Child, Early, and Forced Marriage: The minimum marriage age for women and men is 19. Exceptions to the minimum age requirements are allowed with court approval. The courts officially permitted more than 33,000 child marriages with parental consent between January and June 2020, with 60 percent of these involving individuals younger than 18. Children’s rights activists are concerned that increased economic pressure from COVID-19 may be leading parents to resort to child marriage to reduce the economic burden on their households. The National Statistics Agency reported in 2018 that approximately 11 percent of girls in the country married before the age of 18. Provinces with the highest rates of early marriage include West Sulawesi, Central Kalimantan, Southeast Sulawesi, South Kalimantan, and West Kalimantan. The main drivers of early marriage were poverty, cultural tradition, religious norms, and lack of sexual reproductive-health education.
The reduction of child marriage is one of the targets set in the National Mid-Term Development Plan 2020-2024. The government aimed to reduce new child marriages to 8.7 percent of all marriages by 2024.
Sexual Exploitation of Children: The law forbids consensual sex outside of marriage with girls younger than 15. It does not address heterosexual conduct between women and boys, but it prohibits same-sex sexual conduct between adults and minors.
The law prohibits the commercial sexual exploitation of children and the use of children in illicit activities. It also prohibits child pornography and prescribes a maximum sentence of 12 years and a substantial fine for producing or trading in child pornography.
According to 2016 data, the most recent available from the Ministry of Social Affairs, there were 56,000 underage sex workers in the country; UNICEF estimated that nationwide 40,000 to 70,000 children were victims of sexual exploitation and that 30 percent of female commercial sex workers were children.
In February media reported that an online matchmaking service named Aisha Weddings promoted services for those between the ages of 12 and 21 on its website and advertised unregistered and polygamous marriages. The website was blocked soon after being reported. Police stated that the website was registered in a foreign country.
From April to July, a mosque administrator allegedly sexually abused 16 children in Makassar, South Sulawesi Province in the mosque. The administrator paid the victims 10 to 20 thousand IDR ($0.70 to $1.40) to agree to engage in the sexual acts. In August police arrested the man, who faces up to 15 years in prison if convicted.
Displaced Children: Ministry of Social Affairs data from December 2020 estimated there were 67,368 street children in the country. The government continued to fund shelters administered by local NGOs and paid for the education of some street children.
Institutionalized Children: The Ministry of Social Affairs reported that in 2019 183,104 children were registered in its Integrated Social Welfare Data system, of whom 106,406 were residing in 4,864 child welfare institutions; 76,698 were in family placement.
In August two orphan children at the al-Amin Orphanage in Gresik Regency, East Java Province, were abused by the son of the orphanage’s administrator. The abuser used a wire to beat the two children, aged 10 and 11. The incident was reported to police.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at .