Bodily Integrity and Sexual Autonomy: Protection Against Marriage-Based Exploitation in Indonesia
- DOI
- 10.2991/978-2-38476-626-0_10How to use a DOI?
- Keywords
- Bodily Integrity; Sexual Autonomy; Criminal Law Protection; Women Victims; Deceptive Marriage-Based Exploitation
- Abstract
Deceptive marriage-based exploitation has traditionally been treated as a private moral issue rather than as a legal problem affecting women’s bodily integrity and sexual autonomy. This article reconstructs the issue through feminist criminal law, victimology, and international human rights law. Using normative legal research with statutory, conceptual, human rights, and comparative approaches, the study analyzes Indonesian law, including Law Number 12 of 2022 concerning Sexual Violence Crimes and Law Number 1 of 2023 concerning the Indonesian Criminal Code. It also draws comparative lessons from Canada, England, and Australia concerning affirmative consent and sexual consent obtained through deception. The study finds that deceptive marriage-based exploitation may generate multidimensional harms, including physical, psychological, sexual, social, and economic victimization. CEDAW General Recommendation No. 35 strengthens the obligation of states to prevent, investigate, punish, and remedy gender-based violence in public and private spheres. Indonesian criminal law should therefore develop gender-sensitive protection that recognizes bodily integrity and sexual autonomy as protected legal interests.
- Copyright
- © 2026 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Lusiana Margareth Tijow PY - 2026 DA - 2026/10/29 TI - Bodily Integrity and Sexual Autonomy: Protection Against Marriage-Based Exploitation in Indonesia BT - Proceedings of the 3rd International Conference on Citizenship Education and Democratic Issues (ICCEDI 2026) PB - Atlantis Press SP - 83 EP - 94 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-626-0_10 DO - 10.2991/978-2-38476-626-0_10 ID - Tijow2026 ER -