Lost Condom, Violated Consent: The Urgency for Legal Recognition of Stealthing in Indonesia

Stealthing, the non-consensual removal of a condom during sexual intercourse without the victim’s knowledge, is a serious violation of sexual autonomy, leading to significant physical, psychological, and reproductive harm. In Indonesia, while Law No. 12 of 2022 on Sexual Violence Crimes and the new Criminal Code have expanded recognition of sexual violence beyond physical coercion, they fail to explicitly address conditional consent violations such as stealthing. This doctrinal gap leaves victims in a legal gray area, reflecting patriarchal norms that prioritize male sexual prerogatives and obscure nonphysical harms. Stealthing exposes victims to multidimensional consequences, including sexually transmitted infections, unintended pregnancies, and psychological trauma, yet remains under-recognized in legal practice. Comparative evidence from jurisdictions including Canada, Australia, and Switzerland demonstrates that consent is dynamic, contingent, and retractable, providing a persuasive model for recognizing stealthing as criminal conduct. Using a hermeneutic framework and Friedman’s legal system analysis, this study highlights gaps in Indonesia’s legal substance, structure, and culture, recommending explicit criminalization of conditional consent violations, enhanced law enforcement capacity, and cultural interventions to promote consent awareness.