The legality of the Prostitution Place behind the Nightlife

The rampant localization of prostitution that moves implicitly on the Nusantara Street of Makassar causes a long-standing problem that is neglected in terms of legislation, sexually transmitted diseases, and human trafficking. This study aims to provide information about raising social reality through case studies of the relationship between commercial sex workers and nightclubs (THM) on Nusantara street, as well as an observation of the phenomenon of pimps, customers, and commercial sex workers in the Indonesian legal system, and comparison on the perspectives of the government and local regulations in the City of Makassar. The method used in this research is depth interview, observation, and literature review. The findings indicate that there is a mutual relationship between nightclubs (THM) and prostitution activities, and that they even benefit each other. In addition, the existence of Regional Law on the Supervision and Control of the Procurement, Distribution, and Sale of Alcoholic Beverages shows that there is no firm step taken by the local authorities to minimize the activities of nightlife entertainment and hidden prostitution.


INTRODUCTION
Makassar or in the lontara language Mangkasara from 1971 to 1990 was the capital of the island of Sulawesi which was popular as a center of economic and trade activities. The rise of this activity has made Makassar the fourth largest metropolitan city in Indonesia and the largest metropolitan city in Eastern Indonesia. 1 The rapid development of the city of Makassar to date has made the city of Makassar busy with urbanization. As reported by the Makassar City Central Statistics Agency in 2021, the population of Makassar city has currently reached 1,423,877 million This localization area is a combination of various forms of entertainment which also trade in alcohol. 8 Initially consisting of only one type of business, the Nusantara street area was developed into a night's entertainment business by the businessmen. The strategic location on the shore of Losari beach, close to the Soekarno Hatta port and freight crates, causes the crowds and density at this location to become an important tourist attraction in the city of Makassar. 9 Based on data from the Makassar City Tourism and Culture Office, the average visitor to Nusantara Road is around 60% from other cities and the rest are local people. Visitors can consume alcohol or interact with flight attendants who also work as commercial sex workers, both of which are facilitated directly by the Night Entertainment Place (THM) manager. 10 The profits obtained from businesses on Nusantara Street are the largest contribution to Makassar City's Original Regional Revenue (PAD). Based on data from the One Stop Integrated Licensing and Investment Service (DPM-PTSP), this advantage was realized by the increase in before being temporarily closed due to the  The tight competition between night entertainment venues (THM) in the Jalan Nusantara area makes business people use various ways to increase the number of visitors, some of which are using the services of commercial sex workers and the alcoholic beverage trade. Apart from karaoke places, other facts show that prostitution on Nusantara Street is also disguised as massage parlors and bars/pubs. 14 This non-transparent guise frames prostitution as an appealing 8 Riyadi, A. (2017) In the end, the Jalan Nusantara case showed a new theme in the label of the prostitution business to be fully ensnared from a legal perspective, even though the massage parlor, pub, karaoke, and bar business violated Law No. "Trafficking in persons is the act of recruiting, transporting, harboring, sending, transferring or receiving a person using the threat of force, use of force, of abduction, of confinement, of fraud, of deception, of abuse of power or a position of vulnerability, of entrapment of money or of giving payments or benefits, to obtain consent. from a person who holds a vehicle over another person, whether carried out within a country or between countries, for exploitation or causing people to be exploited". 15 In 2011, the number of commercial sex workers in the city of Makassar reached 1,222 and, until now, there is no recent data showing how significant the increase in this number has been over the last ten years. 16  cases. This sexually transmitted disease is transmitted mostly through "free sex" partners from undercover prostitution practices that have begun to spread to all parties. 19 . Not only limited to places where it is legal to sell alcoholic beverages, such as bars, pubs, karaoke, massage parlors, and hotels. The spread of HIV/AIDS has begun to affect schoolchildren, college students, masseurs, SPGs,housewives,mistresses,etc. 20 The crime rate is also shown by online prostitution activities involving 15 young people in the city of Makassar. It is not uncommon to find sharp objects in prostitution locations and, of course, it is not uncommon for people who live in areas adjacent to prostitution locations to report their concerns to community stakeholders. 21 There are not too many scientific studies that seek to uncover prostitution activities on Nusantara Street, Makassar City. Some of these studies generally examine the dynamics of social attitudes and sexual health problems due to customer disobedience and inconsistency among commercial sex workers in using condoms. For this reason, this study aims to provide information about elevated social phenomena and realities on Nusantara Street, Makassar City, regarding the relationship between commercial sex workers (PSK) and night entertainment venues (THM). Then, in light of the legislation, examine the government's perspective on dealing with this.

METHOD
The method used in this research is in-depth interviews, observation and literature review.
In-depth interviews were conducted with commercial sex workers on Jalan Nusantara. The target population specializes in commercial sex workers on Nusantara Street in three locations, namely pubs, bars, and Karaoke, with as many as three people. The other target population is three business people. This empirical and legal research approach is used to gather facts and reality in the field.The research instrument uses unstructured interview questions to see other realities that may arise other than the intended goals of the researcher in this study. Observations were made in the area of Nusantara Street and in several nightclubs (THM). At the end of the study, the researchers also used literature to review other information along with the laws and regulations used in this study. | 65

ANALYSIS AND DISCUSSION
The analysis and discussion on the Legality of Prostitution Behind the Nightlife on Jalan Nusantara, Makassar City contains a description of the results of the study using an observation approach, in-depth interviews, and literature review. For this reason, in the analysis and discussion section, the researcher elaborates on providing information in raising social reality about a case study of the relationship between commercial sex workers and nightclubs (THM) on Nusantara Street, looking at the phenomenon of pimps, customers, and commercial sex workers in the legal system. Indonesia as well as a comparison of the perspective of the government and local regulations governing localization in the city of Makassar.

Actors at Nusantara Street
The strategy of cooperation or partnership is a business strategy activity used by two or more parties within a certain period of time to gain profit on the principle of mutual benefit.
According to John E. Roemer 2017, the elements of cooperation involve several aspects such as "agreements between two or more people, the desired activity together and the goals to be achieved in it, both financial and non-financial rights." 25 . Based on the theory of cooperation above, the case study on Jalan Nusantara itself has three elements of cooperation that have been carried out by Commercial Sex Workers and Liquor Business Actors in the long term. 26 .
This cooperation system is carried out without a written agreement on paper, but by word of mouth. Based on the results of interviews conducted with commercial sex workers who come from various areas, such as Manado and Java, they deliberately look for work on Nusantara Street. The profession carried out by Commercial Sex Workers varies depending on the agreement with the business owner, namely; karaoke guides (PK), hostesses and Commercial Sex Workers (PSK) themselves. The business actor then provides a room or partition measuring 4 x 5 in addition to running a low-end karaoke business and liquor trading. Profit-sharing is carried out by business actors by cutting the PK rate of Rp. 50,000 on the total payment received by PK of Rp. 250,000, a value that is considered very cheap when you see double commercial workers starting from inviting visitors to karaoke places, accompanying visitors to find and songs, being a waiter for alcoholic beverages while providing plus-plus services. 27,28 The liquor sales business, which is equipped with low-end karaoke, has also become the most popular place for prostitution on Jalan Nusantara. screens with free singing services in the lobby and are offered to visitors. Commercial sex workers disguised as waitresses will seek out and invite customers to visit the nightclub. The total number of women working as commercial sex workers is also diverse, as large liquor business establishments are interspersed with large karaokes that seat eight people and small places that seat seven to five people. 29 Meanwhile, if visitors just want to have fun karaoke without having sex with commercial sex workers, visitors can hire a waiter to guide the singing and accompany drinking liquor at a cost of IDR 50,000 without the additional services provided by business actors.
The average number of visitors per day ranges between 54 and 60, depending on the business services and entertainment options available. 30 In general, visitors will prefer karaoke compared to pubs/bars because the location of this prostitution is more visited by the lower middle class. This is based on the price given by the manager, which is very affordable. This is also what causes the Nusantara road area to be different from other places of prostitution in Indonesia. The following are various types of covert prostitution on Nusantara Street, which are presented in the following strive to promote their places of business properly, one of which is by working with commercial sex workers. The promotion process was carried out by word of mouth from sex worker providers, business owners who also act as cashiers (names not mentioned), then to bidders, and finally to the general public and visitors. However, visitors to nightclubs tend to choose entertainment venues provided with liquor and a large number of women in one particular business location, which is conveyed by word of mouth.
Furthermore, there is no marketing strategy carried out by commercial sex workers other than by looking attractive. Commercial sex workers mostly offer to work for THM owners, but it is possible that THM owners also ask for women's stock from pimp networks in several other big cities because business actors sometimes run out of stock for female sex service providers who want to change professions. In addition, to support this strategy of physical appearance, female commercial sex workers take a psychological approach to their interlocutors by having pleasant conversations so that they visit THM Nusantara more often. 32 Wisma where commercial sex workers live is also generally provided by business actors.
Meanwhile, the prostitution place under the guise of THM generally consists of three floors with the first floor being a public karaoke room, the second floor being a room with ten partitions, and the third floor being the business owner/boss room. Its strategic location on the main protocol road of Makassar city and right in front of the central port of visitors who will come and go from Makassar city also makes tourists immediately see the liquor business under the guise of karaoke which makes it a location that has not been eroded by decades.
The unstructured system in one area on Jalan Nusantara allows women to be invited out

B. Pimps, Customers and Commercial Sex Workers in the Indonesian Legislation System
The problem of Commercial Sex Workers itself has actually been regulated in the laws and regulations in Indonesia, one of which is Article 296 which reads "Anyone who intentionally connects or facilitates obscene acts by others, and makes it a search or habit, is threatened with imprisonment for a maximum of one year. years and four months" and also "whoever as a pimp Furthermore, there is no legal stipulation that regulates criminal entrapment for commercial sex workers and users of commercial sex services so that the facts that occur in Indonesia are that commercial sex workers are only given rehabilitation after raids by the Civil Service Police Unit Praja and then will be taken to the "rehabilitation center for women commercial sex workers" to train the formation of self-concept. One example in the city of Makassar is the women's social service center in Mattiro Decceng Sudiang Makassar, however, until now it has not had a significant impact on the condition of commercial sex workers and they even tend to not care and return to their workplaces.
In response to this, various efforts have been made until 2020 to increase the comfort of clients (CSWs) to feel at home in training at the Mattidecceng rehabilitation center in Makassar.
The da'wah management functions for women with disabilities aim to be able to assist in the management of the place as well as efforts to approach psychologically at the location. The religious guidance provided is expected to be able to provide self-understanding and the environment, however, this rehabilitation center has also experienced funding constraints since the UPTD PPSKW Social Office Mattirodecceng is no longer under the auspices of the Ministry of Social Affairs so that capital funding assistance, sports facilities, and skills assistance are not working properly.

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So far, prostitution has only become a social problem that has no definite solution because it still occurs secretly or openly. 35 For this reason, national criminal law reform and can then be adopted in the form of a regional regulation is the main mission in tackling corrupt practices. 36 So far, the individuals involved in the activity of buying and selling sex services cannot be strictly prosecuted by criminal law, only pimps or place providers can be prosecuted by the authorities. Criminal efforts to create an effective law against prostitution should also be given to users of prostitution services. Furthermore, the rehabilitation center as initiated by the local government in the form of job training, providing working capital can productively produce definite changes for commercial sex workers who want to change their profession..

Localization in Makassar City
The issue of localization in Indonesia has never been raised on the agenda of national government regulation to produce outputs in the form of national regulations that bind the Market and Civil Society. The city of Makassar itself does not yet have a regional regulation that regulates localization as has the Surabaya City Government since 1999 regarding Regional Regulation Number 7 "prohibition of using buildings/places for immoral acts and luring into immoral acts" which is also used by Mrs. Risma as mayor Surabaya at that time to displace the Dolly area. This is because the location of Jalan Nusantara cannot be categorized as a localization area. After all, it doubles as an object or tourist spot in the city of Makassar. This is evidenced by the absence of efforts by the Makassar City Regional House of Representatives to revoke regional regulation In contrast to the case with the city of Tangerang, which made regional regulations for limiting alcoholic beverages from a Draft Regional Regulation into a Regional Regulation on the Prohibition of the Distribution and Sales of Alcoholic Beverages as well as a Regional Regulation with the presence of commercial sex workers not only in the city of Tangerang but also in other cities in Indonesia. 39 Reflecting on the two big cities in Indonesia, this should be a new step for the city of Makassar as the third-largest city in Indonesia to avoid moral actions and damage the young generation of the Indonesian nation. 40 In reality, the practice of prostitution on Nusantara street is not as real and clear as the localization of prostitution in other cities such as Bandung which has the Saritem localization area, Yogyakarta which is identical to the localization of Pasar Kembang, Malvinas Bekasi, Hotel Alexis Jakarta and Dolly alley which was recently closed by the Mayor of Surabaya. 41 . The only thing that is in common is the "system" or the rules of practice, and health provision (e.g. health checks that are carried out once a week, anti-pregnancy injections, immune injections) 42 .
Then in terms of differences, the prostitution place on Nusantara Street and the prostitution place in Dolly is very different, where the Dolly area before being closed by the Mayor of Surabaya displayed female commercial sex workers in a glass window so that customers could see and point directly along the alley. There was no doubt that business people at that time jointly built 800 guesthouses to be turned into a prostitution business complete with dangdut cafes and massage parlors around it. As a result, brokers and parking attendants are also interested in making money from the utilization of the localization with profits that are mutually dependent on each other. Unlike the localization on Nusantara road in Makassar City, it is not as clear and structured as what happened in the Dolly area 43 . We can estimate the number of visitors to Dolly's prostitution sites in Surabaya, which can reach 9000 people per day, while the number of visitors to prostitution sites on Nusantara Street cannot be tracked due to the mingling with the immediate residential area and the varied functions of buildings in one area, for example, offices, expedition, and travel. 44 In 2015 the Makassar city government once scheduled an overhaul of the Nusantara road to becoming the largest culinary tourism center in Southeast Asia and will convert the function of a night entertainment venue (THM) following its permit function along 3 km in front of Losari beach. The design of this change is expected to have a positive effect not only in terms of economy but also the smoothness of the transportation system in tourist attraction areas (narrowing of roads, prevention of slowdowns and congestion, and other disturbances to patterns | 71 of origin and movement) and anticipation of environmental pollution, however, until 2020 this has not shown real implementation. 45 One of the major obstacles found by the Makassar city government, among others, was the refusal by business actors and commercial sex workers which was shown by varied opinions regarding this issue. 46 In addition to obstacles, one of the challenges that will be faced by the local government is continuous supervision, this means that if the Makassar city government has adopted the design, both human and financial resources are needed to periodically evaluate all night entertainment venues (THM) on Nusantara Street. so that there is no longer one of the entertainment venues that provide booths for the practice of prostitution 47 .
The Makassar city government itself needs to carry out regular inspections so that the commercial sex worker rehabilitation program can be carried out effectively. The raids that are generally carried out at this time are raids on alcoholic beverages which also capture commercial sex workers, but the Civil Service Police Unit only conducts identity checks (population administration technical) so that business actors who employ commercial sex workers from outside the city (non-resident Makassar) immediately report to the local village. 48 In general, this kind of inspection or sweeping consists of three types, namely; take action against violations of population administration, violations of business licenses to drink alcohol, and operational permits. Only one type of raid that has become the most serious concern of the Makassar city government is a business license that is not in accordance with its designation, such as cafes, karaoke and discotheques on Nusantara Street and other places that do not fit the designation used as undercover prostitution sites such as the following places: Royal Club on Pengayoman Street, Cafe Noyu Eat and Drink, as well as Publiq Dine and Wine. 49

Conclusion
The existence of commercial sex workers and nightclubs (THM) in the Jalan Nusantara area has a symbiotic relationship of mutualism in terms of obtaining financial benefits in the long term. The cooperation used applies to a profit-sharing system but is not limited to administrative matters between managers and commercial sex workers, but through word of mouth agreements.
As for the legal system in Indonesia, customers of commercial sex workers, in essence, do not yet have strong criminal sanctions in terms of legislation. This criminal sanction is only focused