BACKGROUND OF RESEARCH
Premarital sex has been a lingering issue in Indonesian society for some time now. The issue is particularly important to solve, especially among the country’s youth. This is because the country is heading to a demographic bonus where the number of productive citizens (aged 15-64) is going to surpass the non-productive (65 and above). Therefore, there is a growing urgency to cultivate a youth that is globally competitive, independent, resilient, and intelligent (S, Dharma, Hreeloita & S, Resinta, 2022). This is, of course, one of the considerations for the country to accelerate growth in accordance with the global SDGs (UNICEF, n.d.). According to a national census conducted in 2020, the number of youths in Indonesia (aged 16-30) is around 64.5 million, almost a quarter of the country’s population (23.86%). This is more apparent in urban areas than in Indonesia’s rural areas, with more than half of these youths (55.11%) concentrated in the Island of Java. Therefore, the issue of premarital sex has to be solved as soon as possible to achieve the above urgencies (BPS-Statistics Indonesia, 2020).
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Data/Statistics
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Indeed, risky sexual behavior, among them premarital sex, requires special attention. One of the risks of engaging in premarital sex is the vulnerability of these youths to diseases like HIV, AIDS, and unplanned pregnancy. According to a survey conducted by The Greater Jakarta Transition to Adulthood, the number of first sex before marriage is higher compared to the number of first sex after marriage at the age of 15 and 16, but after the age of 17, the majority of people have their first sexual intercourse after marriage and the gap difference gradually increases as the age goes up. However, a 2020 published research based in the Greater Jakarta area has stated that the possibility of underreporting is still a major issue that can seriously affect the population. Underreporting refers to the act of not fully disclosing or not providing accurate information about something. Even more so, there is a discrepancy between females and males, with female underreporting cases being substantially higher than their male counterparts.
Furthermore, results from the 2012 Demographic and Health Survey indicated that 1.0% of females aged 15-24 had engaged in premarital sex, but by age 25, the research shows that it increases from 3.5 to 18% if underreporting is being considered. By the age of 35, 22% are expected to have conducted pre-marital sex. However, the educated class is less inclined to engage in premarital sex (O’Donnell, J., Utomo, I.D. & McDonald, P, 2020). Another research published in 2019 also shows that the average age for youths to have sex is at the age of 17.7 years, with the highest proportion of premarital sex being those aged 15-19 years old at 58.2%. In addition, the proportion of those who claimed to have had premarital sex is higher among males than females (7.3% vs. 2.3%), with those who dated having a higher chance of engaging in negative sexual behavior (Oktriyanto & Alfiansari, 2019).
Sex is still a big taboo among the population in a familial context, and premarital sex is a big no for Indonesians. The topic of sex itself tends to bring great embarrassment to the family (Giriani, P. Nella & Hapsarini, Dhita, 2021). Despite this, recent developments have led to greater freedom of sexual exploration among the youth (Anon, 2020). A research-based study in Mataram, Indonesia, published in 2023, shows that even though CSE (Comprehensive Sexual Education) is mandated by the UN, Indonesia, like many Muslim countries in particular, still does not incorporate sexual education into its curriculum and faces conflict doing so. Teachers still have conflict in implementing CSE in their local contexts concerning government policy, cultural, and religious values. They are not equipped to do so due to a lack of training since the subject is not incorporated into the curriculum, though they believe that faith and morality will help students to deal with the issue (Shibuya, F., Sari, D.P., Warnaini, C. et al, 2023). The issue is indeed complex, with varying opinions, though it still requires public attention.
Who actually involves in this issue?
High-risk sexual behaviors are the challenges for adolescents during a transitional period. According to research conducted in Indonesia in 2021, the prevalence of premarital sex tends to be higher in street adolescents and scavengers, including homeless adolescents. Most of these teenagers live in urban areas. In the study, a total of 223 teenagers aged 10-21 years old took part, including 138 men and 85 women; 115 homeless teens, and 108 scavengers. Middle age adolescents had the highest rates of having sex before marriage, having several sex partners, and having their first sex before the age of 18. There are several factors causing this issue, such as dating, pornography, alcohol consumption, non-medical use of prescription drugs, and the use of sexual stimulants (Gunardi, 2021).
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What happens when pregnancy occurs outside of marriage?
According to Indonesian Law, a woman that is pregnant outside of marriage could directly marry the man who impregnate her. The marriage could be carried out without waiting for the birth of the child. Currently in Indonesia, the minimum age for women and men to marry is 19 years old (UNICEF, 2019), which is a welcome sight, considering the number of child marriages in Indonesia is high. For pregnant women, they are given 1.5 months of maternity leave and a full salary (Article 84 of Manpower Law No. 13/2003). However, research states that there’s still no assurance that these women will be able to return to their job after taking leave. Additionally, breastfeeding support is also not monitored properly (Siregar et. al, 2019).
As for the protection of a child’s rights, a child that is born outside of marriage has the same right as every other child in a marriage according to the rules of Law Number 35 of 2014 concerning child protection in Indonesia.
Real Issue
This issue apparently became serious enough for the government that the Indonesian parliament passed a criminal code, criminalizing the act, which is now punishable by imprisonment, announced recently in late 2022. However, it won't take effect until 2025 at the earliest. People who have sex outside of marriage will spend a year in prison if they are caught. If couples who aren't married are living together, they could go to jail for up to six months (Expat Health & Safety, 2023). This also applies to foreign residents and tourists (Jamaluddin, Chen, Watson, 2022). With foreign arrivals in Bali estimated to reach a pre-pandemic level by 2025 of 6 million, this issue will indeed be concerning for the tourists who tend to have a liberal view of sex, which can result in less investment and tourism in the country (Teresia & Lamb, 2022). Human Rights Watch noted that many have criticized and shown concern for the new criminal code. It is considered to strengthen the government and enable them to force political opponents into silence. The premarital sex ban is considered to be an invasion of privacy and enabling intrusion of intimacy, especially considering that many people, especially those living by tribal traditions do not have marriage certificates. The fate of LGBT and women is also possibly affected (Anon, 2022).
Issue Statement
The ban on premarital sex in Indonesia has been controversial. It has raised many different opinions and arguments in society. Some say it is vital to protect the country's morality and ideals, while others say it's a breach of human rights and a restriction on personal freedom. Therefore, this research will focus on bringing awareness regarding the issue to the public and consider other philosophical perspectives to promote better sexual relationships and behavior.
