Mitigation of Prostitution in the Carita Beach Tourist Area, Pandeglang Regency

1. Introduction

Exploring human life in society is always an intriguing endeavor due to the various dynamics that occur between individuals, between individuals and groups, and between groups within society. These dynamics have certain consequences, some positive because they benefit communal life in society, and others negative because they only benefit certain individuals or groups while simultaneously causing friction, friction, and conflicts that sometimes persist over time. These dynamics impact the aspect of order that is essential in every interaction within society, and at certain levels, they have disrupted the balance (equilibrium) of various interests that had been harmoniously intertwined in the life of a society, ultimately disturbing and offending the sense of justice within that society itself. 

It cannot be denied that every individual and group within society always has interests that are not always in line with the common interests of the entire community, where these various interests are often related to the fulfillment of basic needs such as clothing, food, and shelter, as well as non-material needs such as self-respect, honor, safety, and so on.

In every society, there are certain attitudes and behaviors that are categorized as reprehensible because, collectively, these attitudes and behaviors are deemed as such based on the consideration that they do not meet the agreed-upon standards of values. These standards may be the result of reflections on the long-standing practices of community leaders, certain customs, or regulations imposed by the -authorities in regulating the continuity of community life.

There is no uniform human behavior because human cultural behavior differs from one another due to differences in place and environment, history and origin, spirit and soul, intellect and way of thinking, as well as the culture and religion they adhere to (Hadikusuma, 2006). Human actions are categorized as crimes because legal regulations impose sanctions as a consequence of such actions (Ashiddiqie & Safa’at, 2014). Various problems arise in human social interactions due to being trapped in materialism and neglecting religious teachings, ethics, and morals. Today, economic needs are very dominant, but in reality, human social interactions are centered on issues of character and spirituality (Abustan, 2020).

An example of reprehensible behavior that is generally condemned by society is prostitution, which has existed since ancient times in various parts of the world. Terminologically, it comes from the Latin word prosituare, which means to allow oneself to commit adultery, engage in debauchery, sexual abuse, and fornication (Siregar, 2019). In short, prostitution can be described as the exchange of sexual relations for money or gifts as a commercial transaction (T & V, 2025).

From a historical perspective, from the early 19th century to the early 21st century, prostitution has shown a dynamic ebb and flow with a steadily increasing trend, as shown in the following graph.

On December 28, 2008, Antara News reported that 14 children involved in prostitution who often operated at the Carita Beach Hotel were arrested by the police for disturbing the public and disrupting public order. Many female sex workers engaged in prostitution around Carita Beach charged rates of Rp. 200,000 to Rp. 300,000. They were residents of Pandeglang District, Lebak District, and Cilegon City, aged around 20 years old. Additionally, five men were also apprehended. All of this was done because prostitution is highly likely to cause social diseases and disrupt public safety and order. Among them, some admitted to working as sex workers because they were abandoned by their husbands and had to support two children still attending elementary school (Antara, 2008). As a comparison, on September 15, 2015, a joint team of SATPOL PP, TNI, and Serang Police conducted a raid in the Anyer beach tourism area, successfully apprehending thirty women suspected of being sex workers at a karaoke venue (Firo, 2015). Even by 2023, the police had managed to arrest two men who committed an indecent act by forcing a middle school student in Pandeglang to drink alcohol so they could sell him (Kokasih & Haris, 2023).

According to the World Population Review 2024, Indonesia ranks 75th in the world in terms of crime rates. This is a classic example of crime related to economic issues. For example, in Pandeglang, there is a shop that offers prostitution services to tourists visiting Citra Beach. The rates offered vary widely, ranging from Rp. 400,000 to Rp. 600,000, depending on the agreement and other factors. This practice is supported by the warung owner, who acts as an intermediary between the women and the interested tourists (Fatoni & Novriadji, 2023). On the other hand, the community in Pandeglang Regency opposes the existence of such establishments, as they are considered to violate regulations since these places lack environmental permits and only have restaurant licenses. The Chairman of the MUI in Carita supports the closure of these establishments, as they contravene the norms of the community (Nipal, 2025).

The existence of prostitution has many negative impacts due to various aspects of the practice, including the following:

1. In terms of education, prostitution causes demoralization;

2. In terms of society, prostitution is considered a disease in society;

3. Religious aspect: Indonesia is a country where society lives by religious values, and prostitution is forbidden by all religions recognized by the state;

4. Health aspect: prostitution is a cause of dangerous infectious diseases such as HIV/AIDS (KPAI, 2015).

To maintain village security, every village, including Sukanagara Village, has one Bhabinkamtibmas (BHABIN) member who is on duty every day. These Bhabinkamtibmas members are not only responsible for maintaining security but also for educating the community about crime prevention. One area particularly vulnerable to criminal activity is the coastal region, where criminal incidents often involve perpetrators from outside the village. Bhabinkamtibmas plays a crucial role in reducing the risk of crime by providing education and preventive approaches to residents. Additionally, there are several social issues that require attention, such as family disputes that sometimes escalate into conflicts. Although these conflicts do not fall under the category of serious crimes, they still require proper resolution to maintain social harmony within the village. The outreach efforts conducted by Bhabinkamtibmas also include resolving these internal conflicts to ensure that the security situation in Sukanagara Village remains conducive and that relations between residents remain harmonious.

2. Research Method

This article uses an empirical-sociological research method based on data collected in the form of primary data obtained directly from the main source, namely interview results, as well as secondary data covering official documents in the form of laws and regulations, books, and research results. Through the data collected, both primary and secondary, data elimination was carried out to produce important information used in writing this article.

3. Research Outcome and Discussion

3.1. Factors Hindering Law Enforcement Efforts Related to Prostitution in the Carita Beach Tourist Area

Based on interview results, it is known that, in general, the crime rate in the Carita Beach Tourism Area is relatively low because security conditions over the past three years have been fairly stable and conducive. The most common type of crime is motorcycle theft, but these cases occur more frequently within the village than outside it. This situation indicates that, although the area is relatively safe, the risk of crime still exists, particularly from perpetrators coming from outside the village^[1]. Meanwhile, based on observations, it was found that prostitution in the Carita Beach Tourism Area occurs covertly but is quite widespread and requires careful scrutiny to uncover its indications. They rarely appear openly because they generally blend in with tourists, except in nightlife venues such as karaoke bars and others, where their presence can be easily detected with the naked eye. 

Referring to the opinions of Philippe Nonet and Philip Selznick (1978), who stated that responsive law should encourage more dynamic legal instruments for social regulation and social change to address public concerns about various phenomena that violate social order. Society needs changes to the relevant laws because prostitution, both conventional and online, is not in line with religious norms, morality, and decency in society (Sangadji, 2016).

In every society, there are always established norms of behavior, and if these norms are violated, the state has the right to punish or impose penalties (criminal law) or what is known as strafrecht (criminal law), which focuses on the act (daadstrafrecht) of legal behavior committed by humans and is formulated in a legal regulation, as a consequence of the application of the principle of legality (Ariman &Raghib, 2015).

The legal approach to prostitution in the Carita beach resort area faces a number of relatively complex obstacles because, in terms of formal jurisdiction, the applicable positive law is very liberal in spirit and heavily influenced by Western thinking, as both the old and new Criminal Codes only impose penalties on organizers (pimps), allowing freelance or non-pimped sex workers to operate freely despite such actions being deemed highly reprehensible under religious law, customary law, and Sundanese customary law. Meanwhile, Pandeglang Regency Regulation No. 12 of 2007, which amends Regulation No. 16 of 2003, regulates violations of morality, Alcoholic Beverages, Gambling, and the Abuse of Narcotics, Psychotropic Substances, and Addictive Substances, prostitution is only categorized as a violation of morality, so the assessment of whether prostitution is good or bad depends on the conscience of the perpetrator. As is well known, in matters of morality, the standard is good moral intent, which exists only in those who have not committed or have very few sins and mistakes, so that their conscience/ heart of the person concerned is still functioning properly. However, various realities of life will affect a person, causing them to ignore or set aside their conscience and faith and fall into a very practical assessment of life based on instinct.

When humans prioritize practical considerations and are driven by their instincts or impulses while neglecting their rationality, conscience, and faith solely for survival, the human side as God's creatures with a special status is eroded, and only the animalistic side emerges. It cannot be denied that scientifically, humans are conceptualized as homo sapiens (animals), but this concept has been fully accepted by the Sundanese and other ethnic groups in the Indonesian archipelago, known for their religious-magical way of thinking.

Based on Soerjono Soekanto's perspective, there are at least five factors influencing the enforcement of law: legal factors, law enforcement agencies, facilities and infrastructure, society, and culture. It can be argued that the primary obstacles in enforcing the law against prostitution in the Carita coastal tourist area are legal factors and cultural factors. This situation requires careful consideration based on the intention to maintain harmony in the environment, as existing positive legal norms do not align with moral and religious norms.

In the past, before the FPI was designated as a banned organization, activists frequently conducted sweeps targeting prostitution around Carita Beach, using Islamic religious norms as their basis. On one hand, these actions were effective in reducing prostitution levels in the area compared to the Anyer beach area. However, such actions cannot be fully tolerated as they were carried out unilaterally and without legal authority. If left unchecked, this could undermine the state's authority as the sole entity legally authorized to use force.

Prostitution has weakened the social order, yet no serious efforts have been made to eradicate it. Currently, prostitution is covered by Article 296 of the Criminal Code, which threatens imprisonment for anyone whose occupation and habits deliberately facilitate indecent acts by others with a third party. There are no specific regulations to prosecute people who use prostitution services. According to Philippe Nonet and Philip Selznick, responsive laws should address public concerns, especially since prostitution violates social norms and religious values in Indonesia. Article 296 is seen as a preventive measure for those providing prostitution services, though preventive efforts should also target those using such services and the services themselves. The public needs to recognize that prostitution has negative consequences and no positive effects whatsoever. However, it is important to remember that individuals working in this field are also subjects of the law whose rights must be protected. They require guidance and rehabilitation, and the government is responsible for ensuring their well-being to prevent such actions from recurring (Siregar, 2019).

According to Barda Nawawi, this can be illustrated in the following diagram.

The Criminal Justice System (SPP) is the implementation of Criminal Policy, which is essentially the Criminal Law Enforcement System (SPHS) aimed at combating crime. Its concrete manifestation is the Indonesian National Police (POLRI), which is internationally recognized by the United Nations as an important component in combating crime (5th UN Congress report/1975). Nationally, the Indonesian National Police (POLRI) through Article 1 paragraph (1) of the Criminal Code (KUHAP) states that “Investigators are officials of the Indonesian National Police or certain civil servants who are given special authority by law to conduct investigations.” and Article 1(8) of the Police Law states, “An investigator is a police officer of the Republic of Indonesia who is authorized by law to conduct investigations” (Arief, 2008).

Currently, in the old Criminal Code (KUHP) that is still in use, it does not criminalize those who engage in prostitution but rather those who facilitate prostitution. The provisions of this regulation are contained in Article 296 of the KUHP, which states, “Anyone who intentionally causes or facilitates indecent acts by one person with another, and makes it a livelihood or habit, shall be punished with imprisonment for a maximum of one year and four months or a fine of up to fifteen thousand rupiah.” This provision clearly targets those who organize prostitution (indecent acts), while those who engage in prostitution (indecent acts) are not subject to criminal penalties. Article 506 of the KUHP also focuses on prosecuting those who provide facilities or venues for prostitution activities, commonly known as pimps. The wording of this article is as follows: “Any person who derives profit from the indecent acts of a woman and makes it a source of income shall be punished with imprisonment for a maximum of one year.”

Looking at the new Criminal Code currently in place, namely Law No. 1 of 2023, which will be implemented in 2026, a new article referring to prostitution activities, Article 421, states: “If the criminal act referred to in Article 419 or Article 420 is committed as a habit or to derive profit as a livelihood, the penalty may be increased by one-third (1/3).” However, once again, the regulations still target service providers rather than the services themselves. In the previous article, Article 411 on adultery, Paragraph (1) states: “Any person who engages in sexual intercourse with someone who is not their spouse shall be punished for adultery with imprisonment for a maximum of 1 (one) year or a fine of up to Category II.” However, the element “with a person who is not their spouse” implies that one of the parties involved in the sexual intercourse due to prostitution must already have a spouse. Furthermore, this article is a complaint article that requires a complaint to be filed first before it can be considered a criminal offense. Therefore, the authority to file a complaint lies with the spouse or parents, and as long as there is no complaint regarding prostitution, the parties cannot be punished (Tamba, 2023).

It is worth noting the view of Abdul Fickar Hadjar, a criminal law expert at Trisakti University, that the prostitution article is based on a commercial relationship pattern in order to prosecute both the users and providers of prostitution services, as prostitution contradicts religious values and the Pancasila principles because women involved in prostitution do so unwillingly, as victims of violence who are marginalized and thus enter the world of prostitution (Astuti, 2025). This perspective deserves full attention from all segments of society, particularly law enforcement agencies, local government officials, the military, religious leaders, and community figures, as prostitution places women who should be honored in a humiliating position and treats them as commodities or animals.

To a certain extent, the involvement of many parties in the law enforcement process can be seen as a distraction (Abdullah, 2018). However, the reality and needs on the ground due to limited personnel and budget in the police force have led police leaders at the regional level, from the Provincial Police to the Sector Police, to implement community policing programs to build networks in law enforcement efforts, such as police partners, informants, so that the various external limitations faced by police officers on the ground can be addressed in such a way as to carry out law enforcement efforts—whether preventive, persuasive, or repressive by involving various community components from the village level up to the provincial level. Therefore, it is inevitable that Bhabinkamtibmas officers need to coordinate intensively with TNI personnel assigned as Babinsa in specific villages or neighborhoods. Additionally, Babinsa personnel need to maintain good communication with religious and community leaders in the relevant area so that their duties can be carried out more efficiently and effectively. Given the development of technology and information that has made community life increasingly complex, Bhabinkamtibmas officers need to engage more closely with the younger generation, particularly high school students, Islamic boarding schools, and religious groups such as mosque youth, church youth, Buddhist youth, and other religious groups so that various opportunities for criminal acts and prostitution can be quickly and systematically prevented, or at least anticipated in such a way as to minimize cases of prostitution.

There needs to be legal certainty that can support the eradication of prostitution, which has become a social ill, by referring to the important principle in criminal law, namely the principle of legality, where the law should clearly regulate this through specific rules. As a country governed by the rule of law, Indonesia also adheres to the principle of legality, which aims to provide legal certainty. This principle is one of two principles for imposing criminal penalties. The principle of legality must be applied to the actions (Rasjid, 2015) of the person concerned. However, it should be noted that criminal law provisions, particularly those related to immoral acts, including prostitution, not only emphasize the principle of legality in order to provide legal certainty but must also provide the principles of propriety and spirituality, which contain legal proportionality in achieving substantial justice and not just procedural justice.

In this regard, considering that the wording of the old and new Criminal Code is not significantly different, while the complexity of society has become increasingly materialistic, hedonistic, and consumeristic, a new phenomenon has emerged over the past few decades where sex workers operate independently without being under the control of a pimp and have spread among the younger generation by leveraging advancements in information technology, giving rise to online prostitution in major cities and even remote villages. Pimps can indeed be prosecuted under the human trafficking provisions of Article 10 in conjunction with Article 4 of Law No. 21 of 2007 on the Eradication of Human Trafficking Crimes and Law No. 35 of 2014 amending Law No. 23 of 2002 on Child Protection.

As we all know, prostitution has various backgrounds, including economic, cultural, educational, and environmental factors. Some also argue that prostitution is purely driven by economic factors (Yani & Ihsan, 2020). They take shortcuts to meet their basic needs or maintain a certain lifestyle, such as using branded goods, while disregarding the potential of reason and faith in navigating their lives as creatures of God endowed with reason and conscience in deciding the actions they will take. In truth, economic factors as a reason for engaging in prostitution are a cliché, reflecting a practical way of thinking in facing concrete situations, as “there are many paths to Rome,” where everything depends on each individual's life choices in pursuing hopes, desires, aspirations, and life goals, regardless of the circumstances they face.

If those involved in prostitution were willing to postpone their desires and needs for a short time and live a simple life, there are many types of work they could do, such as starting a small culinary business, becoming a domestic worker, a farm laborer/fisherman, or a middleman trader, even processing raw materials into semi-finished or finished goods, or becoming a scavenger of used items, plastic, cardboard, and so on, which have economic value to sell to collectors. It all comes down to the individual’s conscience to choose among the available options as temporary work while waiting for better opportunities to develop and achieve prosperity in the future. According to data from an interview with Mr. Ade Saipullah, the number of criminal cases at the Carita Police Station from January 2024 to October 2024 totaled 25, with 14 cases resolved through Restorative Justice (RJ), (CL), and SP3, while 11 cases remain unsolved.^[1]

Data from the Pandeglang District Statistics Agency (BPS) indicates a positive correlation between poverty levels and unemployment rates in Banten, particularly in Pandeglang, while crime rates have a negative correlation with the aforementioned BPS data, leading to an increase in crime and a backlog of cases. This data is supported by the statement from the Banten Police Chief that crime in Banten has been increasing in 2023, even stating that the time between crimes occurring could reach 1 hour, 3 minutes, and 4 seconds for one crime to occur (Rifa’i, 2023). 

3.2. Mitigation Measures That Must Be Taken to Overcome Obstacles in Law Enforcement Efforts

As we all know, crime prevention and control need to be based on “criminal policy” as part of “social policy,” which includes “social welfare policy” and “social defense policy.” In this regard, the enforcement of criminal law in concerto or judicial/applicative policy requires the achievement of “Social Welfare” and “Social Defense.” This is significant because, sociologically speaking, crime arises in society with various backgrounds, including prostitution. Therefore, the collective interest of living together must continue to be pursued by law enforcement officials and the community itself.

In various situations, it is sometimes unavoidable that a group of people, driven by religious or community leaders, take repressive actions as an expression of concern and care for an event that has occurred in their environment. Responses to crime and its perpetrators can be categorized into two types: repressive reactions and preventive reactions. Repressive reactions aim to address crimes that have already occurred, while preventive reactions focus more on efforts to prevent crimes from recurring. Additionally, there is a difference between formal and informal reactions. Formal reactions are carried out by authorized parties in the form of legal sanctions against criminals, while informal reactions originate from the community through social supervision to enforce existing norms. Informal reactions typically occur within the community or surrounding environment, taking into account the form and location of the reaction (Edrisy, 2023).

Low crime rates mean that most issues can be resolved using Restorative Justice (RJ) if possible. The Carita Police always strive to use RJ if possible, explaining the ineffectiveness of taking cases to court due to several issues that will be faced, such as high costs, cases that do not really require a judge, and minor cases that are considered not yet worthy of being brought to court. Typically, the police will explain the consequences of the actions taken. Moreover, cases reported to the police usually have already gone through a peaceful resolution accepted by both parties involved.

According to Aristotle, if there are no poor or rich people in a country, crime will be far from that country's life. This can be interpreted to mean that if a country only has prosperity, there will be no crime because all citizens are equal (Emilia & Eko, 2018). This view needs to be considered carefully, as the difference between the poor and the rich will always be found in every life that relies on efforts to meet basic needs, even in socialist-communist countries. In the traditional communities of the past, including in Banten, equality and conditions were carefully maintained, and this is evident in their houses and clothing, which can still be seen in the lives of the Baduy people. However, in more open societies, an individual's or group's economic achievements are influenced by numerous variables. Therefore, what must be maintained is the level of inequality between individuals or groups to prevent social jealousy among them.

The cliché excuse often given by sex workers is that they turned to prostitution because of economic problems, even though reality shows that this situation occurs because they took a shortcut in dealing with a reality called economic pressure or hardship. This is indeed highly subjective, as many others facing economic pressure or hardships choose very different paths and are willing to navigate the ups and downs of life, ultimately managing to escape poverty and achieve a prosperous life.

Given that Indonesia is a welfare state, all government officials from the village to the central level are required to dedicate themselves to improving the welfare of their citizens. Therefore, in addressing prostitution cases in the Carita coastal tourist area, all parties—including government officials, community leaders, religious leaders, and youth leaders, need to work together by prioritizing a prosperity approach so that extreme poverty can be prevented and prostitution can be stopped as early as possible, relying on religious teachings and Sundanese local wisdom that strongly emphasize togetherness and social responsibility towards fellow creatures of God.

Even though the formal legal framework tends to be liberal, while Pandeglang Regency Regulation No. 12 of 2007 has not classified prostitution as a severely reprehensible act as defined in religious law and Sundanese customary law, intellectuals, religious leaders, and community leaders can appeal to the Constitutional Court to uphold prostitution as reprehensible and prohibited by law so that the Pandeglang Regency and Banten Province governments can establish more stringent operational regulations regarding the handling of prostitution in the relevant areas.

Before this happens, all components of society and local governments, from the village level to the Banten provincial level, need to immediately mitigate the practice of prostitution, which has a very broad impact because it can destroy the foundations of family life and spread infectious diseases in society by organizing sympathetic, educational initiatives, and repressive operations to raise awareness among those involved in prostitution activities while also taking preemptive and preventive actions to prevent the emergence of new prostitution offenders among both teenagers and adults. This is particularly important given the advancement of information technology, which enables prostitution activities to be conducted online.

Mitigation is divided into two types: structural and non-structural. Structural mitigation involves efforts to minimize the impact using technology that provides physical tools. Non-structural mitigation, on the other hand, is carried out without using physical infrastructure, focusing instead on policy-making, regulations, education, and public awareness. Referring to the issue of prostitution that has spread in the Pandeglang area, it illustrates the weakness in the implementation of mitigation due to the insensitivity of law enforcement in addressing this issue, resulting in mitigation not being implemented consistently and responsibly. 

4. Conclusion

Based on the above explanation, it can be argued that the Carita Police Station needs to take collaborative steps with the Carita sub-district Muspika (sub-district head and military commander) by taking into account the views of religious and community leaders, both directly and indirectly, to address prostitution in the Carita beach resort area by applying a preemptive, persuasive approach to sex workers and a repressive approach to pimps. The main challenges in enforcing the law against prostitution activities in the Carita coastal tourist area are legal and cultural factors, where shifts in societal values have led individuals to choose prostitution as a means of livelihood, reflecting a mindset of breaking through/ shortcut to meet their livelihood needs or lifestyle. In this regard, the leadership and staff of the Carita Police Station need to enhance coordination and collaboration with various community components to mitigate personnel and operational cost constraints. It is necessary to enhance the role and functions of Bhabinkamtibmas and tourism police by involving scouts, student councils, youth groups, and religious groups: mosque youth and church youth in providing comfort and security for tourism activities so that immoral acts, including prostitution, can be prevented, or at least minimized.

Acknowledgment: Through this article, the research team would like to thank the following sources from the Carita Police Chief and his staff, community leaders, and religious leaders in the Carita sub-district for taking the time to provide information to the Carita research team. We would also like to thank the entire research team for their contributions to the article and interviews.

Funding Information: This research was funded by the author's university, which provided financial support during the research process.

Conflicting Interest Statement: The authors declare no conflicts of interest related to this research. This study was conducted independently without any influence from external parties that could affect the results

Publishing Ethical and Originality Statement: All authors declared that this work is original and has never been published in any form and in any media, nor is it under consideration for publication in any journal, and all sources cited in this work refer to the basic standards of scientific citation.

Declaration of Generative AI and AI-assisted Technologies: This study has not used any generative AI tools or technologies in the preparation of this manuscript.

^[1] Interview with Ade Saipullah di Polres Carita on 25 October 2025

^[1] Interview with Bhabinkamtibmas desa Sukanagara and Kawoyang, 25 October 2024