Contraception
Art. 63 of the Health Law of 2023 makes family planning a health effort aimed at regulating pregnancy, bringing healthy generations and lowering maternal and infant deaths; it gives everyone the right of access to services and obliges the government and the community to provide them to standard (art. 63(1)-(4)). Government Regulation No. 28 of 2024 (arts. 109 and 110) turns this into services for couples of reproductive age and for at-risk groups of reproductive age, delivered through the family-planning programme. The Criminal Code of 2023 punishes only the open display or offer of contraceptives to a child, with exceptions (arts. 408 to 410).
The Regulation gives each person of reproductive age the right to information on contraceptive services, to access to them and to choose a method for himself or herself without coercion (art. 109(4)); the method is chosen by the couple, taking into account age, number of births, number of children, health and religious norms (art. 109(5)). Services must be safe, of good quality and responsible, and cover care before and after the contraception itself, including emergency contraception, which is given to women not protected by contraception or who are rape victims, to prevent pregnancy (art. 110(2)-(3)). Medical personnel and health workers deliver it according to standard (art. 110(4)) at first-level and advanced facilities, integrated service posts, pharmacies (which hand over drugs or contraceptive devices), during home visits and in government contraceptive service units set up to reach areas that are hard to access (art. 110(5) and its elucidation).
For school-age children and adolescents the Regulation requires information and education on reproduction, risky sexual behaviour and family planning, and reproductive health services that include counselling, done with privacy and confidentiality, and the provision of contraceptives (art. 103(2), (4) and (5)); the elucidation of art. 103(2)(c) says the risks of sexual behaviour include child marriage and early marriage. For adults, services include supplying contraceptives to couples of reproductive age and at-risk groups (art. 104(3)(e)). Every prospective bride and groom must undergo a health examination at a health facility, which issues a certificate that can be used for the marriage (art. 105(4)-(5)); the elucidation of art. 105(2)(f) says the education given to them covers the spouses' roles in deciding on contraception and on the number and spacing of children.
The Criminal Code makes it an offence to openly show, offer or distribute writings to obtain contraceptives to a child, punishable by a fine of up to category I, that is Rp1,000,000 (arts. 79 and 408); the act is not punishable when done by an authorised officer for family planning, prevention of sexually transmitted infections or health education, a category that includes competent volunteers assigned by an authorised official (art. 410(1) and (3)).
The 2017 Indonesia Demographic and Health Survey found that 64% of currently married women aged 15 to 49 use a contraceptive method, 57% a modern one and 6% a traditional one; injectables are used by 29%, the pill by 12%, and implants and IUDs by 5% each. Eleven percent have an unmet need for family planning (4% to space and 7% to limit births), and 29% of users who started a method in the five years before the survey stopped within 12 months, 46% for the pill. Modern methods came 48% from the private sector, 34% from public providers and 18% from other sources. Among married men, 8% use a method.
Key points
| Right of access | Everyone has the right of access to family planning services (Health Law, art. 63(3)) |
|---|---|
| Target group | Couples of reproductive age and at-risk groups of reproductive age (Regulation 28/2024, art. 109(3)) |
| Free choice | Right to information, access and to choose a method without coercion; method chosen with age, health and religious norms in mind (art. 109(4)-(5)) |
| Emergency contraception | For women not protected by contraception and for rape victims (art. 110(3)) |
| Where | First-level and advanced facilities, integrated service posts, pharmacies, home visits, government service units (art. 110(5)) |
| Adolescents | Reproductive health services include counselling with privacy and confidentiality, and contraceptive supply (art. 103(4)-(5)) |
| Offer to a child | Fine up to Rp1,000,000 for openly showing or offering contraceptives to a child, unless done by an authorised officer (Criminal Code, arts. 79, 408 and 410) |
| Use among married women (2017) | Any method 64%; modern 57%; injectables 29%; pill 12%; implants 5%; IUD 5% (IDHS 2017) |
| Unmet need (2017) | 11% of married women: 4% to space births, 7% to limit them (IDHS 2017) |
In practice
- Choose a facility from those the Regulation lists: first-level or advanced health facility, an integrated service post, a pharmacy, a home visit or a government contraceptive service unit (art. 110(5)).
- Expect to choose the method yourself without coercion, after information on services (art. 109(4)); for an adolescent the Regulation requires counselling that respects privacy and confidentiality (art. 103(5)).
- For emergency contraception, which the Regulation provides for women not protected by contraception and for rape victims, go to a health worker or medical facility, since services are delivered by medical personnel and health workers (art. 110(3)-(4)).
- Before a wedding, the couple must pass the health examination and obtain the certificate (art. 105(4)-(5)); the premarital education covers the spouses' roles in decisions on contraception and spacing (elucidation of art. 105(2)(f)).
Cost and coverage
In the 2017 Indonesia Demographic and Health Survey, 84% of modern-method users paid for the method and the services they received; 34% had obtained their method from a public source and 48% from a private one, and the report notes that the mean cost is lower in government facilities than in private ones.
Recent changes
Between the 2012 and 2017 surveys the share of married women whose need for family planning was met rose from 62% to 64%, while unmet need stayed at 11% (IDHS 2017). Government Regulation No. 28 of 2024, dated 26 July 2024, is the current implementing text of the 2023 Health Law on contraception.
Where to go
- First-level and advanced health facilities, integrated service posts and pharmacies (Regulation 28/2024, art. 110(5)).
- Government contraceptive service units, set up to reach areas hard to access (art. 110(5)(f) and its elucidation).
- Health facilities that issue the premarital health certificate (art. 105(4)-(5)).
Worth knowing
The Health Law gives the right of access to everyone, while art. 109 of the Regulation frames the service around couples of reproductive age and mentions religious norms in the choice of method; the opened texts contain no article that requires proof of marriage to obtain a contraceptive, and the 2017 survey figures cover married women only.
Frequently asked questions
Do you have to be married to get contraception in Indonesia?
The Health Law gives everyone the right of access to family planning (art. 63(3)) and the Regulation lists contraceptive supply among the services for adolescents (art. 103(4)), but it frames the programme around couples of reproductive age (art. 109); none of the opened articles sets a proof-of-marriage requirement.
Is emergency contraception available?
Yes, in law: the Regulation provides it to women not protected by contraception and to rape victims, through medical personnel or health workers (art. 110(3)-(4)).
How many Indonesian women use contraception?
The 2017 DHS found that 64% of married women aged 15 to 49 used a method and 57% a modern method, with injectables the most common (29%) and 11% having an unmet need.
Sources
- Law No. 17 of 2023 on Health (Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan), official PDF on the BPK legal database — arts. 54(2)(b), 55 and 63
- Government Regulation No. 28 of 2024 implementing the Health Law (Peraturan Pemerintah Nomor 28 Tahun 2024), official PDF on the BPK legal database — arts. 103 to 105, 109 and 110 and their elucidation
- Law No. 1 of 2023 on the Criminal Code (KUHP), official PDF on the BPK legal database; in force 3 years after promulgation (art. 624), i.e. from 2 January 2026 — arts. 79 and 408 to 410
- Indonesia Demographic and Health Survey 2017 (National Population and Family Planning Board, Statistics Indonesia, Ministry of Health, ICF), final report, chapter 7 'Family Planning' — chapter 7: use, sources, unmet need, discontinuation, payment (pp. 90 to 96 of the report)
The general article: Contraception · Compare with another country
Abortion
Abortion is a criminal offence in Indonesia (up to 4 years for the woman, 5 for a person who performs it with her consent; Criminal Code, arts. 463 and 464), except for a medical emergency or for a pregnancy caused by rape or other sexual violence of no more than 14 weeks (art. 463(2)), and then only by medical personnel at an advanced-level facility after a consideration team's decision (Government Regulation 28/2024, arts. 119 to 121).
| Woman who has an abortion outside the exceptions | Up to 4 years' imprisonment (Criminal Code, art. 463(1); Health Law, art. 427) |
|---|---|
| Person performing it | With the woman's consent up to 5 years; without consent up to 12; 8 and 15 years if she dies (Criminal Code, art. 464) |
| Health professional | Penalty increased by one third and possible loss of rights (art. 465(1)-(2)); no penalty in the exceptions (art. 465(3)) |
Full detail: Abortion
Drugs and controlled substances
Narcotics are divided into Groups I, II and III, first fixed in Appendix I of Law No. 35 of 2009, with later changes by Ministerial regulation (art. 6); the Criminal Code refers to that Law for the classification and quantities (art. 611). As enacted in 2023, art. 622(1)(w) of the Code repealed arts. 111 to 126 of the Narcotics Law, but Law No. 1 of 2026, enacted on the day the Code took effect, rewrote that letter so that only arts. 112, 113, 117, 118, 122 and 123 (possession and production of each Group) are repealed; the other offence articles of the Narcotics Law, such as dealing in Group I drugs (art. 114), stay in force with penalties restated in Annex II of Law No. 1 of 2026. The Law's rules on addicts and users (arts. 54, 55, 103, 127 and 128) are not repealed.
Possessing, storing, controlling or supplying a narcotic without right carries up to 12 years for Group I drugs in non-plant form, 10 years for Group II and 7 years for Group III, and/or a fine of up to category VI (Rp2 billion); above 5 g the maximum becomes life or 20 years for Group I, 15 years for Group II and 10 years for Group III (Criminal Code, art. 609 as rewritten). Producing, importing, exporting or distributing carries up to 15 years for Group I, 12 for Group II and 10 for Group III and/or a fine of up to category V (Rp500 million); for a Group I plant over 1 kg or more than five trees, or Group I in non-plant form above 5 g, the penalty is death, life or up to 20 years, and the same for Group II above 5 g, while Group III above 5 g carries up to 15 years (art. 610 as rewritten). The 2023 text had set minimum terms and cumulative fines for these offences; the 2026 text removed them. The original Appendix I of the Narcotics Law lists the opium poppy, the coca leaf and cocaine, and the cannabis plant in Group I.
The Criminal Code treats the death penalty as an alternative of last resort (art. 98). As rewritten by Law No. 1 of 2026, a court imposes it with a ten-year probation period, during which it cannot be carried out (art. 100(1) and (6)); if the prisoner shows commendable conduct during the period, the sentence is changed to life imprisonment by presidential decision after the Supreme Court's opinion (art. 100(4)), and a sentence not carried out within ten years after clemency is refused, other than through flight, becomes life imprisonment by operation of law (art. 101). Execution is possible only if the prisoner's conduct during probation was not commendable and no clemency was requested or the President refused it, and it is postponed for a pregnant or nursing woman or a person with mental illness (art. 99).
Users are treated separately. Art. 127 of the Narcotics Law punishes a user ('penyalah guna', one who uses narcotics without right or against the law) with at most 4 years for Group I, 2 years for Group II and 1 year for Group III; the judge must take arts. 54, 55 and 103 into account, and a user who is proved to be a victim of abuse must undergo medical and social rehabilitation (art. 127(2)-(3)). Art. 54 says addicts and victims of narcotics abuse must undergo medical and social rehabilitation; the elucidation defines a victim as a person who used narcotics unintentionally because of persuasion, deceit, trickery, force or threats. A judge hearing a case against an addict may order treatment or rehabilitation, whether the addict is convicted or not, and the time in treatment counts as time served (art. 103). Parents or guardians of an addict under 18 must report to a health centre, hospital or designated rehabilitation institution, and an adult addict must report or be reported by the family (art. 55); parents who deliberately fail to report face a fine of up to category II, Rp10 million (art. 128(1) as adjusted by Law No. 1 of 2026, Annex II, in place of the original six months' detention or Rp1 million), an underage addict reported by the parents is not prosecuted, and an adult addict who is undergoing medical rehabilitation (two periods of treatment by a doctor at a hospital or institution designated by the Government) is not prosecuted (art. 128(2) and (3)).
A patient with a medical indication may possess limited quantities of Group II or III drugs prescribed by a doctor, but must have valid proof of lawful acquisition (art. 53; the elucidation of art. 53 lists a doctor's certificate, a copy of the prescription or a label). The National Narcotics Agency (BNN) was created by the Law as a non-ministerial government institution under and answerable to the President, with offices in provinces and regencies, and has the power to investigate narcotics offences alongside police investigators (arts. 64, 65, 71 and 81). Treatment may also be provided by government agencies or the community through religious and traditional approaches (art. 57). The Child Protection Law, as amended in 2014, separately forbids anyone to place, leave or involve a child in the abuse, production or distribution of narcotics or psychotropic substances (art. 76J(1)).
Key points
| Possession (Criminal Code, art. 609(1)) | Up to 12 years for Group I non-plant, 10 for Group II, 7 for Group III, and/or a fine up to category VI (Rp2 billion) |
|---|---|
| Possession above 5 g (art. 609(2)) | Group I life or up to 20 years; Group II up to 15; Group III up to 10 |
| Production, import, export, distribution (art. 610(1)) | Up to 15 years for Group I, 12 for Group II, 10 for Group III, and/or a fine up to category V (Rp500 million) |
| Aggravated trafficking (art. 610(2)) | Death, life or up to 20 years: Group I plants over 1 kg or 5 trees, Group I non-plant or Group II over 5 g; Group III over 5 g: up to 15 years |
| Death sentence | Alternative of last resort, imposed with a 10-year probation period during which it cannot be carried out (arts. 98 and 100) |
| User | At most 4 years (Group I), 2 years (Group II), 1 year (Group III); rehabilitation mandatory for a proven victim of abuse (Narcotics Law, art. 127) |
| Rehabilitation | Addicts and victims of abuse must undergo medical and social rehabilitation (art. 54); court-ordered treatment counts as time served (art. 103) |
| Duty to report | Parents of an addict under 18 must report; an adult addict must report or be reported (art. 55); parents failing to report: fine up to category II, Rp10 million (art. 128(1)) |
| Repeal | Arts. 112, 113, 117, 118, 122 and 123 of the Narcotics Law repealed by art. 622(1)(w) of the Criminal Code as rewritten by Law No. 1 of 2026 |
In practice
- A patient prescribed a Group II or III narcotic may keep it but needs valid proof that it was obtained lawfully, such as a doctor's certificate, a copy of the prescription or the label (Narcotics Law, art. 53 and its elucidation).
- A parent or guardian of an addict under 18 must report to a health centre, hospital or designated rehabilitation institution; deliberate failure carries a fine of up to category II, Rp10 million, since Law No. 1 of 2026, while a minor reported by the parents is not prosecuted (arts. 55 and 128).
- An adult addict may report to a health centre, hospital or designated rehabilitation institution or be reported by the family (art. 55); one who is undergoing medical rehabilitation, counted as two periods of treatment by a doctor, is not prosecuted (art. 128(3)).
- In court, a user can invoke arts. 54, 55 and 103: the judge must consider them (art. 127(2)) and may order treatment or rehabilitation, counted as time served (art. 103).
Cost and coverage
The sources opened for this page give no price for rehabilitation; the elucidation of art. 103 says the cost of treatment of an addict found guilty is borne entirely by the State as part of serving the sentence.
Recent changes
On 2 January 2026 the Criminal Code took effect together with Law No. 1 of 2026, which rewrote arts. 609 and 610 without minimum terms, narrowed the repeal of the Narcotics Law to arts. 112, 113, 117, 118, 122 and 123, restated the penalties of its other offence articles in Annex II and rewrote the death-penalty articles 99 to 101.
Where to go
- The National Narcotics Agency (BNN), at national, provincial and regency level, which investigates narcotics offences alongside the police (Narcotics Law, arts. 64, 65, 71 and 81).
- Health centres, hospitals and rehabilitation institutions designated by the Government, to which addicts report (art. 55).
Worth knowing
Texts written before 2026 that cite minimum terms for possession (4 years for Group I) or say that arts. 111 to 126 of the Narcotics Law were all repealed describe the 2023 wording; the version in force is the one rewritten by Law No. 1 of 2026. The classification of a substance depends on the original Appendix I as changed by Ministerial regulation, and the sources opened do not include those regulations.
Frequently asked questions
What is the penalty for possessing drugs in Indonesia?
Under art. 609 of the Criminal Code as rewritten by Law No. 1 of 2026, possession without right of a Group I non-plant narcotic carries up to 12 years and/or a fine of up to Rp2 billion, and life or up to 20 years above 5 g; lower maximums apply to Groups II and III.
Is there a death penalty for drug offences?
Yes as an alternative penalty for production, import, export or distribution above the thresholds of art. 610(2) (for example above 5 g of a Group I drug in non-plant form), imposed with a ten-year probation period during which it cannot be carried out (art. 100) and as a last resort (art. 98).
Do drug users go to prison or to rehabilitation?
Art. 127 of the Narcotics Law provides prison of up to 4, 2 or 1 year according to the group, but judges must consider rehabilitation (arts. 54, 55 and 103) and a user proved to be a victim of abuse must undergo medical and social rehabilitation (art. 127(3)).
Sources
- Law No. 1 of 2023 on the Criminal Code (KUHP), official PDF on the BPK legal database; in force 3 years after promulgation (art. 624), i.e. from 2 January 2026 — arts. 79, 98, 611, 612 and 624; 2023 wording of arts. 609, 610 and 622(1)(w)
- Law No. 1 of 2026 on the Adjustment of Criminal Provisions (Penyesuaian Pidana; enacted and in force 2 January 2026), official PDF on the BPK legal database — points 16 to 18 (arts. 99 to 101), 50 and 51 (arts. 609 and 610 rewritten), 55 (art. 622(1)(w) rewritten); Annex II (Narcotics Law penalties, art. 128(1))
- Law No. 35 of 2009 on Narcotics (Undang-Undang Nomor 35 Tahun 2009), transcription on Indonesian Wikisource (unofficial copy; articles 112, 113, 117, 118, 122 and 123 repealed by art. 622(1)(w) of the Criminal Code as rewritten by Law No. 1 of 2026) — arts. 6, 53, 54, 55, 57, 64, 65, 71, 81, 103, 127 and 128 and Appendix I; elucidation of arts. 53, 54, 55 and 103
- Law No. 35 of 2014 amending Law No. 23 of 2002 on Child Protection (Undang-Undang Nomor 35 Tahun 2014), PDF on the Ministry of Finance legal database (JDIH Kemenkeu) — art. 76J: ban on involving children in drug abuse or trafficking
The general article: Drugs and controlled substances · Compare with another country