Legal definitions
In Indonesia, “child” is inconsistently defined in various laws, including any person under 18 years old, an unmarried person under 21 years old, an unmarried person under 18 years old, and any person between the ages of 12 and 18 years old. Minors are similarly recognized as being under 21 years old and not previously married. The age of consent for sexual activity is 15 years old or if a girl is “recognizably not marriageable” based on the criminal code and Child Protection Law.
Child sexual exploitation and child pornography are explicitly defined in relevant laws. Sexually explicit content, child sexual abuse, computer-generated images or videos of child pornography/CSAM, and sextortion are not specifically defined, but similar concepts exist in Indonesian law. Concepts related to enticement are present as threats of violence in existing law, but enticement and grooming will be clearly defined in the New Indonesian Criminal Code that takes effect in January 202"Safety by Design" requirements
Regulatory requirements/recommendations
Online platforms, called Electronic Systems Operators (ESOs) in Indonesia, are required to actively ensure their electronic systems do not contain or facilitate the distribution of prohibited content (including CSAM and enticement), and the platform must remove such content. User Generated Content platforms are required to report content that violated Indonesian law, including CSAM. Online platforms are not required to report to any particular organization if they detect CSAM on their platforms, but failure to remove unlawful content may be considered a crime. There is a reporting platform available for voluntary reports.
Online platforms are not required to use human moderators or any specific software to review content.
Age verification requirements/recommendations
The Electronic Information and Transactions (EIT) Law would require online platforms to inform users of minimum age requirements, have an age verification mechanism, and have a mechanism for reporting products, services, and features that violate or may violate children’s rights. The government has not issued the requisite regulations to implement this law, so there is currently no enforcement.
Parental consent requirements/recommendations
Online platforms are not explicitly required to obtain parental consent before a child uses their services, but Indonesian contract law sets 21 years old as the age of consent for contract purposes. To the extent an online platform’s user agreement constitutes a contract, this may imply a parental notification requirement.
Legal remedies for child victims
Online platforms may be compelled to stop CSAM publication through court orders or by user takedown request within a specific timeline. Online platforms must also actively review and remove any content that would violate the law in Indonesia, including CSAM. Victims may also request a protective order prohibiting a person from posting exploitative content on other platforms. Financial damages or restitution may be sought through criminal proceedings. A victim may seek victim compensation if the offender’s assets are insufficient to constitute restitution, and victims are entitled to notifications about the progress of an investigation, presumably to include the arrest of an offender for conduct related to CSAM depicting the victim.
"Safety by Design" requirements
Without specifically referencing “Safety by Design,” Government Regulation 71 requires online platforms to be organized “in a reliable and safe manner” and to “be responsible for the proper operation” of their services. The regulation does not specify how online platforms are to fulfill those requirements.