LGBT rights in Indonesia

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LGBT rights in Indonesia
Indonesia (orthographic projection).svg
Indonesia
StatusLegal (except in Aceh)
Gender identityTransgender people have a constitutional right to change their legal gender with several conditions, although a third gender is not recognized
MilitaryNot explicitly prohibited by Law (de jure), Illegal (de facto)
Discrimination protectionsLimited protection following a legal process (see below)
Family rights
Recognition of relationshipsNo recognition of same-sex couples
AdoptionAdoption by single LGBT people recognized, but adoptions by same sex couples are banned

Lesbian, gay, bisexual, and transgender (LGBT) people in Indonesia face legal challenges and prejudices not experienced by non-LGBT residents. Traditional mores disapprove of homosexuality and transitioning, which impacts public policy. Indonesian same-sex couples and households headed by same-sex couples are not eligible for any of the legal protections available to opposite-sex married couples. Most parts of Indonesia do not have a sodomy law and do not currently criminalise private, non-commercial gay acts among consenting adults, yet Indonesian law does not protect the LGBT community against discrimination and hate crimes. In Aceh, homosexuality is illegal under Islamic Sharia law, and punishable by flogging or prison. Indonesia does not recognise same-sex marriage. In July 2015, the Minister of Religious Affairs stated that it is difficult for Indonesia to legalize same-sex marriage because firmly held religious norms speak strongly against it.[1] The importance in Indonesia for social harmony leads to duties rather than rights to be emphasised, which means that human rights broadly, including LGBT rights, are very fragile.[2] Despite this, the LGBT community in Indonesia has steadily become more visible and politically active.[2]

Coming out to family and friends is seldom undertaken by LGBT people in Indonesia, as they are afraid of rejection and social backlash. Nevertheless, there are some rare examples of understanding and acceptance by the families of LGBT persons.[3]

Despite Indonesia's reputation as a relatively moderate Muslim country, in the 21st century sharia-supporting fundamentalist Muslim groups have gained increasing support.[4] As a result, LGBT people have faced growing hostility and intolerance, including attacks and discrimination.[5] In early 2016, LGBT people and activists in Indonesia faced fierce opposition, homophobic attacks, and hate speech, even launched by Indonesian authorities.[6] In February 2016, Human Rights Watch urged the Indonesian government to defend the rights of LGBT people and publicly condemn officials' discriminatory remarks.[7] In 2017, two young gay men (aged 20 and 23) were sentenced to being caned in front of the public in the Aceh province.[8][9] In 2017, police launched multiple raids on gay saunas under the pretext of pornography-related offences. In May 2017, 141 men were arrested for a "gay sex party" in the capital Jakarta.[10] Another raid took place in October 2017, when Indonesian police raided a sauna in Central Jakarta popular with gay men, arresting 51 people. An over-broad interpretation of the Pornography Act, coupled with government inaction, has enabled the police to use it in targeting LGBT people.[11]

Legality of same-sex sexual activity[edit]

Currently, unlike neighbouring Malaysia, Indonesia does not explicitly have a sodomy law. The national Criminal Code does not prohibit private, non-commercial homosexual relations between consenting adults. A national bill to criminalise homosexuality, along with cohabitation, adultery and the practice of witchcraft, failed to be enacted in 2003 and no subsequent bill has been reintroduced.[12]

Indonesia allows one of its provincial governments to establish specific Islamic-based laws, such as criminal sanctions for homosexuality. These local penalties exist in the province of Aceh , where bylaws against LGBT rights have been passed.[13] The bylaws in Aceh criminalise consensual same-sex sexual acts; these sharia-based criminal codes permit as punishment up to 100 lashes or up to 100 months in prison for consensual same-sex sex acts.[13] In May 2017, two gay men, aged 20 and 23, in the Aceh province were each sentenced to a public caning of 83 lashes for having consensual sex in private.[8]

While Indonesia has allowed private and consensual sexual relations between persons of the same sex, it has a higher age of consent for same-sex relations than for heterosexual relations since 1993 (17 for heterosexuals and 18 for homosexuals).[14]

The Constitution does not explicitly address sexual orientation or gender identity. It does guarantee all citizens various legal rights, including equality before the law, equal opportunity, humane treatment in the workplace, religious freedom, freedom of opinion, peaceful assembly, and association. Such legal rights are all expressly limited by the laws designed to protect public order and religious morality.[15]

While homosexuality itself is legal, the government has taken specific steps to censor films and other media content that is deemed to be "promoting" homosexuality. In 2016, the government announced plans to ban several LGBT websites and computer applications.

Calls for discrimination and criminalisation[edit]

The most active opposition against the recognition of LGBT rights in Indonesia has come from religious authorities and pressure-groups, especially Islamic organisations. Indonesian Ulema Council (Majelis Ulama Indonesia or MUI) has made a statement, which stigmatised the LGBT population by declaring them "deviant" and an affront to the "dignity of Indonesia".[13]

In 2002, the Indonesian government gave Aceh Province the right to introduce Sharia Law, albeit only to Muslim residents. The northernmost province of Aceh proceeded to enact a sharia-based anti-homosexuality law that punishes anyone caught having gay sex with 100 lashes. The law was set for enforcement by the end of 2015.[16] Another example is the city of Palembang which introduced jail and fines for homosexual sex (though the laws are disbanded as of 2020[17][18]) .[19] Under the law, homosexuality is defined as an act of "prostitution that violates the norms of common decency, religion, and legal norms as they apply to societal rule."[20] The following acts are defined as acts of prostitution: homosexual sex, lesbian sex, sodomy, sexual harassment and other pornographic acts.

In March 2015, Indonesian Ulema Council (Majelis Ulama Indonesia or MUI) issued a fatwa, or religious edict, called for same-sex acts to be punished by caning, and in some instances, the death penalty.[13] The fatwa considers homosexuality a curable disease and says homosexual acts "must be heavily punished."[13]

Indonesian People's Representative Council (DPR) has dismissed the suggestion that the death penalty would be introduced for same-sex acts, citing that it is quite impossible to implement that policy in Indonesia. The DPR said that the MUI fatwa only serves as moral guidance to adherents, not as positive law, since legal power is only possessed by the state.[21]

In March 2016, the wake of surging anti-LGBT sentiments which started in early in 2016, Islamist parties like the Prosperous Justice Party (PKS) and the United Development Party (PPP) proposed an anti-LGBT bill to ban LGBT rights activism and criminalise LGBT behaviour.[22] Various politicians made statements against the LGBT community in following months that year.[23]

In late November 2016, the Islamic Defenders Front (FPI) tipped off police in Jakarta that there was a "sex party". The police then raided the gay gathering, charging the men with violating the national law against pornography, which is very broadly written.[24]

On 21 May 2017, police detained 144 people in a raid on a gay sauna, Atlantis Gym Jakarta.[25] The Indonesian Ulema Council made a statement that such activity is blasphemy against religion and an insult against Indonesian culture. "What kind of logic that able to accept this kind of sexual deviation, even animals are not gay. This is clearly not about equality," as stated by the Head of Law Department of MUI.[26] He made his remarks even though homosexuality has been observed in more than 1,500 animal species. Earlier in the same month, 14 men were arrested at a "gay party" in Surabaya.[27]

On 14 December 2017, the Constitutional Court of Indonesia issued a 5–4 ruling rejecting a petition by the conservative Family Love Alliance which sought to amend the Indonesian Criminal Code to make gay sex and sex outside of marriage illegal.[28] There were three articles of the Indonesian Criminal Code (KUHP) petitioned for review, namely article 248 on adultery, article 285 on rape, and article 292 on child abuse.[29] Under article 292 of the Criminal Code, child sexual abuse is a crime, both heterosexual or homosexual conducts. The petitioner sought to erase the term "underage" in article 292, in order to persecute all same-sex sexual conducts of all ages, including among consenting adults.[30] Which meant the petitioner sought to criminalise homosexuality. The court rejected to amend the law and held that the issue was a matter for the Indonesian Legislature.[31]

Since January 2018, as part of revising the criminal code, lawmakers have been working on a criminal code draft.[32] Despite the international criticism and the human rights organisations fears, if passed, the law would criminalise consensual sex between two unmarried people, cohabitation, adultery and rape. It will also enable lesbian, gay, bisexual or transgender people to be taken to court for their sexual orientation.[33]

In late September 2019, the outgoing People's Representative Council's plan to pass the revised criminal code (RKUHP) was met with widespread student demonstrations on 23, 24 and 25 September 2019.[34] The revision of the Criminal Code (RKUHP) is increasingly discriminating against LGBT people. Article 421 (1) concerning obscenity explicitly mentions the same-sex acts: "Everyone who commits obscene acts against other people of the same sex in public is convicted with a maximum imprisonment of 1 year and six months or a maximum fine of category III." The explicit mention of "same sex" obscenity is feared triggering discriminatory treatment and will generate bylaws that particularly targeting LGBT people.[35] As the response on this widespread opposition, the government have postponed or either intercepted this controversial revised criminal code .[36]

Recognition of same-sex relationships[edit]

Indonesian law does not recognise same-sex marriage, civil unions or domestic partnerships.[1]

Military service[edit]

Adoption and family planning[edit]

Same-sex couples are not eligible to adopt a child in Indonesia. Only married couples consisting of a husband and a wife can adopt.[37]

Even though the Indonesian law requires only married couples consisting a husband and a wife can adopt, adoption by single people regardless of sexual orientation or gender identity is allowed and there has been no laws prohibiting it .

Discrimination protections[edit]

As of 2019, no law exists to protect Indonesia citizens from discrimination or harassment based on their sexual orientation or gender identity.[1] Government agencies are slowly starting to enact anti-discrimination policies. The Office of the Attorney-General recently rescinded a public job offer declaring LGBT persons need not apply because of mental insanity after being advised by the National Human Rights Commission.[38]

In March 2019, a 30-year-old Indonesian police brigadier known as TT filed a case in the Semarang State Administrative Court in Central Java against the provincial police alleging a violation of the law on discrimination claiming he was fired for being gay after colleagues forcefully outed him and his partner. He also filed a complaint to the human rights commission.[39][40] In May 2019, the court rejected the lawsuit. His lawyer said the panel of judges decided that they could not continue examining the case because TT should have first appealed the dismissal to the authorities within the Central Java Police when he received the termination letter before resorting to filing a lawsuit.[41]

Though Indonesia does not explicitly have discrimination protections enshrined by the Indonesian constitution, the Indonesian police authorities ruled an order since 2015 that it would process any hate speech related to sexual orientations and gender identity.[42] The Indonesian government have stated that in a democratic country, every citizen has the right to express and think and that it will be protected and provided by the state. The main purpose to eradicate hate speech is to protect and control a harmonious social life in a heterogenous society .

Gender identity and expression[edit]

Transgender identity (also called waria) has long been part of Indonesian culture and society.[43] While transgender people in Indonesia are generally more accepted than gays, lesbians and bisexuals, they have, in recent years, faced growing discrimination and rejection, mostly from sharia-supporting Muslim groups, which have become more and more popular in Indonesia.[4] The status of transvestite, transsexual or other transgender persons in Indonesia is complex. Cross-dressing is not, per se, illegal and some public tolerance is given to some transgender people working in beauty salons or the entertainment industry, most notably the celebrity talk show host Dorce Gamalama. Transgender people are allowed to change their legal gender on official documents after undergoing sex reassignment surgery and after receiving a judge's approval. Individuals who undergo such surgery are later capable of marrying people of the opposite legal gender.[43]

Discrimination, harassment, even violence directed at transgender people is not uncommon. Indonesian law does not protect transgender people from discrimination or harassment.[44] Transgender people who do not hide their gender identity often find it challenging to maintain legitimate employment and thus are often forced into prostitution and other illegal activities to survive. The Islamic Indonesian Ulema Council ruled that transgender persons must live in the gender that they were born with. "If they are not willing to cure themselves medically and religiously", said a Council member, they must be willing "to accept their fate to be ridiculed and harassed."[45] However, the Indonesian judicial system takes the contrary position, with cases like Vivian Rubiyanti Iskandar (the first trans Indonesian to be legally recognised as female) giving rise to legal recognition of trans Indonesians' actual genders by the State.

Recent developments[edit]

In 2012, Yuli Retoblaut, a fifty-year-old transgender person and U.S. President Barack Obama's nanny for two years, publicly applied to be the head of the nation's National Commission on Human Rights.[46] The city of Yogyakarta has the only madrasa for transgender people in the world.[47] In January 2018, transgender women were arrested, stripped naked, had their heads shaved, and were publicly shamed in the province of Aceh.[48] Later in March, the Jakarta Social Agency declared waria to be socially dysfunctional. Sources reported that "the agency regularly conducted raids against transgender women". Detained trans individuals are taken by the agency to city-owned "rehabilitation" centres, where they are incarcerated, along with homeless people, beggars, and street buskers, and only released if documentation stating their lack of homelessness was received, and a statement is signed where the individual promises not to repeat their "offence". Officials have stated this is being done to create a deterrent against being transgender, and that continued violations will result in jail time.[49][50][51]

Since June 2021, the Ministry of Home Affairs has conducted outreach efforts to issue transgender Indonesians with identification papers, including a Kartu Tanda Penduduk. Transgender residents of Banten, West Java, Central Java, East Java, North Sumatra, South Sumatra, South Sulawesi, Lampung, and Papua have benefited so far. The stated reasoning was that many of them were undocumented, especially where their families did not approve of them (in Indonesia, the family register is an essential identification paper), leaving them without access to work or social services. The Ministry also stated that only the "male" and "female" sex descriptors would be recognized for the time being, with no option for a third gender / X designator, and that transgender Indonesians would have their gender at birth printed unless they had already obtained recognition from the courts.[52]

Living conditions[edit]

86% of Indonesian citizens identifies themselves as Muslim.[53] According to the Ministry of Health (Indonesia) in 2012, Indonesia has around 1 million MSMs both visible or not. More than 5% of them of which are diagnosed with HIV. Whereas its estimated, that Indonesia has around 31 thousand Transgender women. It is estimated that the LGBT community constitutes around 3% of the Indonesian population, which is around 8 million.[54] The family policy of the authorities, the social pressure to marry and religion means that homosexuality is generally not supported.[53] Both modernist and traditionalist Muslims as well also other religious groups such as Christians, especially Roman Catholics, generally oppose homosexuality. Many Islamic fundamentalist groups such as the FPI (Islamic Defenders Front) and the FBR (Betawi Council Forum) are openly hostile towards LGBT people by attacking the home or work of those they believe are a threat to the values of Islam.[20]

Explicit discrimination and violent homophobia are carried out mainly by religious extremists, while subtle discrimination and marginalisation occur in daily life among friends, family, at work or school.[53] LGBT people often suffer abuse by the hands of the police, but it is hard to document due to victims refusing to give statements due to their sexuality.[53] LGBT people are often arrested or charged due to their sexual orientation.[53] Gays in jails are often sexually abused due to their sexual orientation, and often do not report it due to being traumatised and fear of being sent back to prison to suffer further abuse.[53]

Indonesia does have a reputation as being a relatively moderate and tolerant Muslim nation, which does have some application to LGBT people. There are some LGBT people in the media, and the national government has allowed a discreet LGBT community to exist, who sometimes organises public events. However, conservative Islamic social mores tend to dominate within the broader society. Homosexuality and cross-dressing remain taboo and periodically LGBT people become the targets of local religious laws or fanatical vigilante groups.[55]

In January 2018, the Aceh police ransacked a parlour with support from the Aceh autonomous government. The police tortured all LGBT citizens within the premises of the parlour, shaved the heads of transgender women, stripped their shirts and bras, and paraded them in the street while forcing them to shout "to become men". The event was criticised by human rights organisation.[56]

According to Planet Romeo in 2015, despite getting big discrimination, Indonesia has low abuse rate toward LGBT people, only 4% serious physical abuse, most of abuse in Indonesia is verbal abuse, and most LGBT people in Indonesia don't get any serious abuse at all. Indonesia ranked 73 on Gay Happiness Index, surpassing Malaysia at 77 and India at 81. Low public opinions is the reason why Indonesia is ranked low, despite having bigger public behaviour score comparing countries that ranked higher than Indonesia.[57]

Media[edit]

The Law Against Pornography and Pornoaction (2006) prohibits "…any writing or audio-visual presentation – including songs, poetry, films, paintings, and photographs that show or suggest sexual relations between persons of the same sex."[58] Those in violation of the law could be fined or sentenced to prison for up to seven years.[20] However, the media is now giving homosexuality more media coverage in Indonesia.[2]

In February 2016, the public discourse and debates on homosexuality and LGBT issues intensified with the occurrence of high-profile cases of alleged homosexual misconducts, involving Indonesian celebrities. First, an accusation of sexual approach and harassment by TV personality Indra Bekti upon several men. Followed by the case of dangdut singer Saiful Jamil, who has been named a suspect in a sexual assault involving an underage male fan.[59]

Until recently, the depiction of LGBT people was quite visible in Indonesian media, especially in television, with famous TV personalities, hosts, artist and celebrities with effeminate demeanour, or even cross-dressers were quite common in Indonesian television shows. However, after the alleged homosexual scandals involving Indonesian celebrities, in March 2016, the national broadcasting commission emphasised a policy banning TV and radio programs that make LGBT behaviour appear "normal", saying this was to protect children and teenagers who are "susceptible to imitating deviant LGBT behaviours".[6] This meant that broadcast companies, especially television stations, are discouraged from featuring effeminate figures, transgender people or cross-dressing in their programs, although such practices were previously quite common in Indonesian TV shows, especially TV variety shows and lawak (comedy) performances.[6]

Political party opinions[edit]

Most of major political parties and politicians remain silent in the cause of LGBT rights. Islamist parties like Prosperous Justice Party (PKS) and United Development Party (PPP) spoke strongly against LGBT rights and went further to propose a national bill to criminalise LGBT. In March 2016, PKS and PPP proposed an anti-LGBT bill to ban LGBT activism, and criminalise LGBT rights and behaviour.[22] National Mandate Party (PAN), despite sharing anti-LGBT right sentiments with PKS and PPP however, has asked people not to discriminate and harass the LGBT community. However, in return, the party also urged LGBT people not to promote LGBT rights in Indonesia.[60]

Currently, no political party in Indonesia has openly supported the LGBT rights movement. However, in October 2016, President Joko Widodo stated that he is a defender of LGBT rights and that LGBT people should have the right not to be discriminated against.[61] Also, some politicians from the PDI-P (Party for the Indonesian Democracy Struggle) and the moderately conservative PKB (National Awakening Party) has sympathised support for LGBT rights.[20] PDI-P further stated that as a pluralist party, they could accept the existence of LGBT people. Despite holding that it is deviant behaviour, PDI-P has urged people to tolerate LGBT people and not extend hostile sentiments against them.[62]

LGBT rights movement in Indonesia[edit]

Indonesian LGBT activists protests in Jakarta 2018

In 1982, the first gay rights interest group was established in Indonesia. "Lambda Indonesia" and other similar organisations arose in the late 1980s and 1990s.[63] Today, some of the major LGBT associations in the nation include "GAYa NUSANTARA" and "Arus Pelangi".

The gay and lesbian movement in Indonesia is one of the oldest and largest in Southeast Asia.[53] Lambda Indonesia activities included organising social gatherings, consciousness-raising and created a newsletter, but the group dissolved in the 1990s. Gaya Nusantara is a gay rights group which focuses on homosexual issues such as AIDS. Another group is the Yayasan Srikandi Sejati, which was founded in 1998. Their primary focus is health issues about transgender people, and their work includes providing HIV/AIDS counselling and free condoms to transgender sex workers at a free health clinic.[20] There are now over thirty LGBT groups in Indonesia.[20]

Yogyakarta, Indonesia, hosted a 2006 summit on LGBT rights that produced the Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity.[64] However, a summit in March 2010 in Surabaya was met with condemnation from the Islamic Defenders Front and was disrupted by conservative protesters.[65]

By 2015, the victory of LGBT rights movement in Western countries has had significant implications in Indonesia. As numerous influential Western countries began legalising same-sex marriage since 2001, the LGBT rights issue has caught the attention and awareness of the general public in Indonesia and generated public discourse. The popular opinion split into several stances, and the main reaction was not positive. The right-wing elements in Indonesian politics, especially religious-based political parties and organisation have publicly condemned LGBT rights. Some argued that currently, Indonesia is under the threat of global LGBT "propaganda", which promotes an "LGBT lifestyle".[66] Same-sex marriage or civil union became the main issue discussed in public regarding LGBT rights, although LGBT activists have argued that currently they do not fight for same-sex marriage, but simply seek the fundamental human rights of security, freedom from fear and freedom of assembly.[5]

The comic Alpantuni depicts a gay Indonesian character who faces anti-LGBT sentiment featuring Muslim characters. Its Instagram account later was shut down by authorities.[67] However, he was able to reactivate it later.

In response to a proposed bill meant to mandate conversion therapy to individuals suspected of being LGBT, queer-identifying Indonesian musician/songwriter Kai Mata "generat[ed] media buzz for being the first openly gay musician in Indonesia,"[68] vocally out amidst government hostility and harsh public sentiment.[69] The comments section echoed support from the international community, hope from closeted Indonesians, and backlash from other citizens, telling her "I’m Indonesian and normal, please leave the country if you do not want to undergo therapy and recover."[70]

HIV/AIDS[edit]

Legal guidelines regarding HIV/AIDS do not exist, although AIDS is a significant problem in most countries in the region. Those infected with HIV traveling to Indonesia can be refused entry or threatened with quarantine. Due to the lack of sex education in Indonesian schools, there is little knowledge of the disease among the general population. Some organisations, however, do offer sex education, though they face open hostility from school authorities. At the beginning of the gay rights movement in Indonesia, LGBT organisations focused exclusively on health issues which led to the public believing that AIDS was a "gay disease" and led to LGBT people being stigmatised.[20]

Opposition[edit]

Traditionally, Indonesians are quite tolerant towards LGBT people who keep quiet and stay discreet about their private lives.[71] However, this level of tolerance is not extended towards the LGBT rights movements, which has faced fierce condemnation in the public sphere from Indonesian authorities. A wave of anti-LGBT rhetoric began in January 2016 when Higher Education Minister Mohamad Nasir said LGBT people should be barred from university campuses.[6] The Minister called for a ban on gay groups on university campuses after a group of University of Indonesia (UI) students established a counselling and support group called the Support Group and Resource Center on Sexuality Studies (SGRC).[72] The group was meant as a counselling service, resource centre and support group on sexuality and gender issues, especially for LGBT youth and students, who often suffer from abuses, harassment, violence and discrimination regarding their gender and sexuality. SGRC sees LGBT people as human beings who need a friend and protection. The group, which sought to advocate for those who suffer from gender-based violence, explained that they do not "turn" or "encourage" people to be gay, nor had they tried to "cure" gay people.[73] Amid the heat of the issue, the University of Indonesia refused to be held responsible for SGRC's actions and announced the group was not an officially registered student organisation.[72] Another official pressured smartphone instant-messaging services to drop gay and lesbian-themed emoji, prompting one company to comply.[5]

Generally, religious authorities in Indonesia condemn homosexual acts and are fiercely against the LGBT rights movement. The most active opposition has come from majority-Islamic groups, with Majelis Ulama Indonesia, the country's top Muslim clerical body, calling for the criminalisation of homosexuality.[13] Other religious groups, such as Christianity and specifically Roman Catholicism, have expressed their rejection of LGBT rights in Indonesia. Indonesian Catholic authorities have reiterated that Catholicism does not recognise same-sex marriage but assured that, despite their perceived transgressions, LGBT people should be protected and not harmed.[74]

The Indonesia Psychiatric Association (PDSKJI) classifies homosexuality, bisexuality and transgenderism as mental disorders. Referring to Law No.18/2014 on Mental Health and the association's Mental Health and Mental Disorder Diagnostic Guidelines, the PDSKJI categorises homosexual and bisexual Indonesians as "people with psychiatric problems" and transgender people as having "mental disorders".[75]

Some military figures have used conspiracy theory rhetoric. Defense Minister Ryamizard Ryacudu called the LGBT movement a "proxy war" to brainwash Indonesians, and claimed that it received "foreign funding",[6] pointing to funds from United Nations organisations like UNAIDS or Western governments and foundations.

There have been a few incidents of LGBT people being harassed. LGBT groups are now working on setting up safe houses and draw up evacuation plans in case of need. In Yogyakarta, in February 2016, 23 LGBT activists were roughed up by police, who told local media they stopped them from holding a rally to avoid a clash with a hardline Muslim group holding an anti-LGBT protest nearby.[6]

The chair of the People's Consultative Assembly Zulkifli Hasan mentioned in a statement that, "As a movement, the existence of LGBT must be opposed. We must limit its room to move. However, as individual people, they must be protected like any other citizen.”[76] Antropologist Sharyn Graham Davies commented that the main focus of this opposition was that sexual and gender diversity may be tolerated but as long as LGBT people remain invisible in the Indonesian society and did not form a visible movement.[77][78] On the other hand, amid fierce hostilities, some officials – including former Governor of Jakarta Basuki Tjahaja Purnama and former Political, Legal, and Security Affairs Minister Luhut Binsar Panjaitan — have defended the LGBT community. "Whoever they are, wherever they work, he or she continues to be an Indonesian citizen. They have the right to be protected as well," Panjaitan said.[6] President Joko Widodo has also expressed support for LGBT rights and has called on an end to discrimination.[61]

In 2018, the city of Pariaman in Sumatra passed a "public morality" regulation to fine its gay and transgender residents 1m Indonesian rupiah ($70) for disturbing "public order" by banning "acts that are considered LGBT". The regulation forbids "immoral acts" between same-sex couples and prohibits residents from "acting as a transvestite" in public. Several cities in West Sumatra have taken steps to marginalise LGBT groups.[79][80]

In June 2019, the head of Indonesia's population and family planning agency Nofrijal has labelled LGBT citizens the 'main enemy of national development'.[81][82]

Public opinion[edit]

According to a 2017 poll carried out by ILGA, 32% of Indonesians agreed that gay, lesbian and bisexual people should enjoy the same rights as straight people, while 47% disagreed. Additionally, 37% agreed that they should be protected from workplace discrimination. 38% of Indonesians, however, said that people who are in same-sex relationships should be charged as criminals, while 36% disagreed. As for transgender people, 49% agreed that they should have the same rights, 55% believed they should be protected from employment discrimination, and 41% believed they should be allowed to change their legal gender.[83]

Results online conducted by the ILGA in October 2016 shows that 69% of Indonesians oppose same sex marriage, 14% support, while 17% have stated a neutral view.[84]

According to the SMRC national survey, 46% of Indonesians would accept if their family members came out as a part of the LGBT community, but the proportion who said "wouldn't accept" was slightly higher.[85]

At a census conducted by the Pew Research center in 2019, it was reported that 9% of Indonesians believed that homosexuality should be accepted by society, an increase from only 3% in 2013.[86]

Summary table[edit]

Same-sex sexual activity legal Yes Legal nationwide except noted below, though LGBT people are sometimes arrested under Indonesia's pornography law,[87]

No Illegal in Aceh [88]

Equal age of consent Yes (Indonesian law rules that the age of consent minimum for sexual activity is 18 years old.)[89][90]
Freedom of expression Yes Expressing support for LGBT is allowed and every LGBT-related content is allowed as long as it does not contain pornographic elements and is not targeted at an audience under 18 years of age. However, LGBT content is not allowed on TV during Ramadan.[91][92][93]
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) Yes Not enshrined by the constitution but the Indonesian police authorities rules that any hate speech related to gender or sexual orientation could be reported and processed following a legal process.[94]
Same-sex marriages No
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
Adoption by single people regardless of sexual orientation Yes By law, adoption must be from a married heterosexual couple. However, single parents are allowed to adopt children if the minister permits. There are no requirements regarding sexual orientation to adopt a child as a single parent.[95][96]
LGBT allowed to serve openly in the military No There is no military law that clearly states that LGBT people are prohibited from joining the military. However, several soldiers were fired because they were caught having same-sex sexual activity under the ST/1648–2019 telegram.[97][98]
Right to change legal gender Yes Trans/intersex individuals are allowed to change legal gender (requires surgery and judicial approval). Gender/sex change will be recognized by the state as the opposite legal gender.[99]
Third gender option No Despite allowing transgender people to have their own electric identification card in 9 provinces in June 2021, a third gender option is not available.[100]
Access to IVF for lesbians No
Conversion therapy banned No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood Yes[101]
Homosexuality declassified as a mental illness Yes The Indonesian Heath Ministry (Kemenkes) does not classify homosexuality and bisexuality as a mental disorder, while treats the view of Transgenderism separately.[102]

See also[edit]

References[edit]

  1. ^ a b c "Difficult for Indonesia to legalize gay marriage: Minister". The Jakarta Post. Jakarta. 2 July 2015. Archived from the original on 17 November 2018. Retrieved 17 March 2016.
  2. ^ a b c Offord, Baden; Cantrell, Leon (May 2001). "Homosexual Rights as Human Rights in Indonesia and Australia". Journal of Homosexuality. Routledge. 40 (3&4): 233–252. doi:10.1300/J082v40n03_12. ISSN 0091-8369. PMID 11386335. S2CID 26743310.
  3. ^ Liza Yosephine. "A portrait of a gay Indonesian". The Jakarta Post. Archived from the original on 3 November 2018. Retrieved 17 May 2016.
  4. ^ a b Valdameri, Elena. "Radical Islam Is Gaining Ground in Indonesia". thewire.in. Archived from the original on 1 January 2018. Retrieved 1 February 2018.
  5. ^ a b c Jeffrey Hutton (15 February 2016). "Anti-Gay Actions in Indonesia Threaten a Fragile Population". The New York Times. Archived from the original on 21 September 2018. Retrieved 2 March 2017.
  6. ^ a b c d e f g Alisa Tang (8 March 2016). "Under attack, Indonesian LGBT groups set up safehouses, live in fear". Reuters. Archived from the original on 28 July 2018. Retrieved 1 July 2017.
  7. ^ "Indonesia: Flurry of Anti-Gay Statements by Officials, Condemn Bias; Pledge to Protect LGBT Groups". Human Rights Watch. 11 February 2016. Archived from the original on 25 January 2019. Retrieved 18 March 2016.
  8. ^ a b "Indonesia's Aceh: Two gay men sentenced to 85 lashes". BBC News Online. 17 May 2017. Archived from the original on 23 August 2017. Retrieved 21 July 2018.
  9. ^ "Two Men Publicly Caned in Indonesia for Having Gay Sex". NBC News. Reuters. 23 May 2017. Archived from the original on 28 April 2019. Retrieved 23 May 2017.
  10. ^ "Indonesian police arrest 141 men over 'gay sex party'". BBC News Online. 22 May 2017. Archived from the original on 21 May 2019. Retrieved 21 July 2018.
  11. ^ Andreas Harsono (8 October 2017). "Indonesian Police Raid 'Gay Party', Government Inaction Fosters Police Use of Pornography Law to Target LGBT People". Human Rights Watch. Archived from the original on 9 February 2018. Retrieved 9 October 2017.
  12. ^ Indonesia Seeks to Imprison Gays Archived 5 February 2012 at the Wayback Machine, 365Gay.com, 30 September 2003
  13. ^ a b c d e f "In response to anti-LGBT fatwa, Jokowi urged to abolish laws targeting minorities". The Jakarta Post. 18 March 2015. Archived from the original on 22 May 2019. Retrieved 7 April 2015.
  14. ^ "LGBT World Legal Wrap up Survey" (PDF). Archived from the original on 21 February 2013. Retrieved 23 May 2017.
  15. ^ "Archived copy" (PDF). Archived from the original (PDF) on 18 August 2011. Retrieved 24 July 2010.{{cite web}}: CS1 maint: archived copy as title (link)
  16. ^ Gayatri Suroyo and Charlotte Greenfield (27 December 2014). "Strict sharia forces gays into hiding in Indonesia's Aceh". reuters. Archived from the original on 28 December 2015. Retrieved 12 January 2015.
  17. ^ "Satpol PP Palembang, Ungkap Sering Temukan Pasangan LGBT, Tapi Sulit Ditindak".
  18. ^ "Belum ada Perda, Pasangan Gay Transgender Terjaring Razia Dilepas". 6 February 2020.
  19. ^ Dead link Archived 9 December 2006 at the Wayback Machine, Nov 2006
  20. ^ a b c d e f g Indonesia: Gays Fight Sharia Laws Archived 27 June 2013 at the Wayback Machine, Doug Ireland
  21. ^ "Fatwa MUI Hukum Mati Kaum Homoseksual Dinilai Sulit Diterapkan". Tribunnews (in Indonesian). 18 March 2015. Archived from the original on 14 March 2016. Retrieved 7 April 2015.
  22. ^ a b Qommarria Rostanti (8 March 2016). Achmad Syalaby (ed.). "Giliran PPP Dukung Inisiasi RUU LGBT". Republika (in Indonesian). Archived from the original on 1 January 2018. Retrieved 18 March 2016.
  23. ^ "These Political Games Ruin Our Lives". 10 August 2016. Archived from the original on 23 June 2019. Retrieved 23 May 2017.
  24. ^ "Indonesian Militant Islamists, Police Raid Gay Gathering". Human Rights Watch. 29 November 2016. Archived from the original on 6 April 2017. Retrieved 15 December 2016.
  25. ^ "Indonesia police arrest dozens in raid on Jakarta gay sauna". ABC News. Archived from the original on 4 June 2017. Retrieved 22 May 2017.
  26. ^ Sutrisno, Elvan Dany. "MUI: Pesta Gay Lecehkan Agama dan Budaya Bangsa". detiknews. Archived from the original on 14 December 2017. Retrieved 22 May 2017.
  27. ^ "Indonesian police arrest 141 men over 'gay sex party'". BBC News. 22 May 2017. Archived from the original on 21 May 2019. Retrieved 23 May 2017.
  28. ^ "Indonesian court rejects push to outlaw extramarital and gay sex". The Sydney Morning Herald. 14 December 2017. Archived from the original on 10 April 2018. Retrieved 14 December 2017.
  29. ^ Indonesia, CNN. "Netizen Sambut 'Kemenangan' LGBT Usai Putusan MK". CNN Indonesia (in Indonesian). Archived from the original on 1 January 2018. Retrieved 18 December 2017.
  30. ^ Media, Kompas Cyber. "Penjelasan MK soal Tuduhan Putusan yang Melegalkan Zina dan LGBT - Kompas.com". KOMPAS.com (in Indonesian). Archived from the original on 25 January 2018. Retrieved 18 December 2017.
  31. ^ "Indonesian Constitutional Court Declines to Ban Sex Outside Marriage". New York Times. 14 December 2017. Archived from the original on 8 June 2019. Retrieved 14 December 2017.
  32. ^ "After accusation of same-sex marriage support, Indonesian political parties rush to criminalize LGBT". Coconuts Jakarta. 22 January 2018. Archived from the original on 11 July 2018. Retrieved 14 February 2018.
  33. ^ "Criminalization code - The Jakarta Post". www.thejakartapost.com. Archived from the original on 27 July 2019. Retrieved 27 July 2019.
  34. ^ "DPR tunda pengesahan RKUHP, pemerintah pertahankan revisi UU KPK". BBC Indonesia (in Indonesian). 24 September 2019. Archived from the original on 2 October 2019. Retrieved 27 September 2019.
  35. ^ "RKUHP Dinilai Akan Perparah Diskriminasi terhadap LGBT". CNN Indonesia (in Indonesian). Archived from the original on 27 September 2019. Retrieved 27 September 2019.
  36. ^ Haryanti Puspa Sari (24 September 2019). "Ketua DPR: RKUHP Ditunda sampai Waktu yang Tak Ditentukan". KOMPAS.com (in Indonesian). Archived from the original on 27 September 2019. Retrieved 27 September 2019.
  37. ^ "Yayasan Sayap Ibu Jakarta". Archived from the original on 30 May 2015. Retrieved 17 June 2015.
  38. ^ Post, The Jakarta. "AGO makes U-turn on anti-LGBT recruitment policy". The Jakarta Post. Archived from the original on 25 December 2017. Retrieved 14 December 2017.
  39. ^ Foundation, Thomson Reuters. "Indonesian ex-police brigadier says he was fired for being gay". news.trust.org. Archived from the original on 7 June 2019. Retrieved 20 May 2020.
  40. ^ Glauert, Rik (19 May 2019). "Indonesian police going to court alleging he was fired for being gay". Gay Star News. Archived from the original on 10 July 2019. Retrieved 6 June 2019.
  41. ^ Post, The Jakarta. "Court rejects gay policeman's legal challenge". The Jakarta Post. Archived from the original on 27 July 2019. Retrieved 27 July 2019.
  42. ^ https://berkas.dpr.go.id/puslit/files/info_singkat/Info%20Singkat-VII-21-I-P3DI-November-2015-28.pdf
  43. ^ a b "Sex or gender? Aming's challenge - Coconuts Jakarta". coconuts.co. 24 June 2016. Archived from the original on 13 August 2018. Retrieved 1 February 2018.
  44. ^ "thebacklot.com - Corner of Hollywood and Gay". thebacklot.com. Archived from the original on 29 September 2007. Retrieved 17 June 2015.
  45. ^ "AP Exclusive: Obama's transgender ex-nanny outcast". Yahoo News. 5 March 2012. Archived from the original on 16 November 2018. Retrieved 17 June 2015.
  46. ^ "Obama's transgender former nanny living in fear in Indonesia". The Guardian. Guardian News and Media Limited. 6 March 2012. Archived from the original on 19 April 2019. Retrieved 20 February 2016.
  47. ^ "Transgender Muslims Find a Home for Prayer in Indonesia". The New York Times. 22 December 2015. Archived from the original on 18 April 2019. Retrieved 20 February 2016.
  48. ^ "Police arrest 12 trans women and shave their heads 'to make them men'". PinkNews. Archived from the original on 11 January 2019. Retrieved 9 March 2018.
  49. ^ Post, The Jakarta. "Jakarta Social Agency targets transgender people as 'social misfits'". The Jakarta Post. Archived from the original on 17 November 2018. Retrieved 9 March 2018.
  50. ^ "Indonesia is rounding up trans women and forcing them into rehab". PinkNews. Archived from the original on 23 April 2019. Retrieved 9 March 2018.
  51. ^ Post, The Jakarta. "Mother's request to release arrested transgender daughter ignored". The Jakarta Post. Archived from the original on 14 December 2018. Retrieved 9 March 2018.
  52. ^ "9 Provinsi sudah layani ktp elektronik untuk transgender". nasional.tempo.co (in Indonesian). Archived from the original on 29 August 2021. Retrieved 11 June 2021.
  53. ^ a b c d e f g Laurent, Erick (May 2001). "Sexuality and Human Rights". Journal of Homosexuality. Routledge. 40 (3&4): 163–225. doi:10.1300/J082v48n03_09. ISSN 0091-8369. PMID 15814505. S2CID 25121615.
  54. ^ "Berapa Jumlah Gay & Lesbian di Indonesia?". 6 July 2015. Archived from the original on 4 September 2021. Retrieved 4 September 2021.
  55. ^ Spartacus International Gay Guide, page 484. Bruno Gmunder Verlag, 2007
  56. ^ "Indonesia is set to ban gay sex". pinknews.co.uk. 31 January 2018. Archived from the original on 24 August 2019. Retrieved 1 February 2018.
  57. ^ https://www.planetromeo.com/wp-content/uploads/2015/05/GAY_HAPPINESS_MONITOR_2015.pdf
  58. ^ "Indonesia's New Anti-Porn Agenda". Time. 6 November 2008. Archived from the original on 9 November 2008.
  59. ^ Safrin La Batu (20 February 2016). "Saiful case intensifies LGBT debate". The Jakarta Post. Jakarta. Archived from the original on 30 November 2018. Retrieved 16 March 2016.
  60. ^ "PAN Minta Masyarakat Tidak Diskriminatif dengan Komunitas LGBT". Okezone (in Indonesian). 26 February 2016. Archived from the original on 1 January 2018. Retrieved 18 March 2016.
  61. ^ a b "Indonesia's President Finally Speaks Out Against Worsening Anti-LGBT Discrimination". TIME.com. Archived from the original on 28 December 2018. Retrieved 2 November 2016.
  62. ^ Faiq Hidayat (18 February 2016). "PDIP bisa maklumi LGBT, perlu diedukasi bukan dimusuhi". Merdeka.com (in Indonesian). Archived from the original on 1 October 2018. Retrieved 18 March 2016.
  63. ^ "Archived copy". Archived from the original on 5 September 2008. Retrieved 5 September 2008.{{cite web}}: CS1 maint: archived copy as title (link)
  64. ^ "The Yogyakarta Principles: The Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity". Archived from the original on 26 July 2011. Retrieved 17 June 2015.
  65. ^ Earth Times. Conservative Indonesian Muslims break up gay meeting Archived 9 September 2018 at the Wayback Machine. 26 March 2010
  66. ^ Intan Paramaditha (27 February 2016). "The LGBT debate and the fear of 'gerakan'". The Jakarta Post. Sydney. Archived from the original on 28 November 2018. Retrieved 18 March 2016.
  67. ^ "Where did Alpantuni go? Instagram accused of removing gay Muslim comic strip". The Jakarta Post. 13 February 2019. Archived from the original on 14 February 2019. Retrieved 14 February 2019.
  68. ^ "What Do the May 1998 Riots Mean for Young Chinese Indonesians?". thediplomat.com. Archived from the original on 12 December 2020. Retrieved 14 December 2020.
  69. ^ "This lesbian singer-songwriter is the living embodiment of why queer representation is so important". PinkNews - Gay news, reviews and comment from the world's most read lesbian, gay, bisexual, and trans news service. 27 April 2020. Archived from the original on 22 September 2020. Retrieved 14 December 2020.
  70. ^ "LGBT+ Indonesian woman pleads for help to stop proposed law forcing people into conversion therapy". GCN. 3 March 2020. Archived from the original on 29 January 2021. Retrieved 14 December 2020.
  71. ^ Gollmer, Anggatira (2 March 2011). "It's OK to be gay in Indonesia so long as you keep it quiet". Deutsche Welle. Archived from the original on 19 May 2015. Retrieved 17 March 2016.
  72. ^ a b "Mahasiswa Beri Konseling LGBT, Begini Respons UI". Tempo.co (in Indonesian). 21 January 2016. Archived from the original on 6 April 2017. Retrieved 5 April 2016.
  73. ^ Wisnu Prasetyo (23 January 2016). "Support Group untuk LGBT di UI: Kami Tak Mendorong dan Menyembuhkan Orang dari Gay". detikNews (in Indonesian). Archived from the original on 4 March 2019. Retrieved 5 April 2016.
  74. ^ "Sikap Gereja Katolik terhadap isu LGBT". UCAN Indonesia (in Indonesian). 19 February 2016. Archived from the original on 14 September 2018. Retrieved 16 March 2016.
  75. ^ Liza Yosephine (24 February 2016). "Indonesian psychiatrists label LGBT as mental disorders". The Jakarta Post. Jakarta. Archived from the original on 4 November 2018. Retrieved 17 March 2016.
  76. ^ Nurbianto, Bambang (21 March 2016). "More political leaders speak out against LGBT". The Jakarta Post. Retrieved 20 January 2022.{{cite web}}: CS1 maint: url-status (link)
  77. ^ Davies, Sharyn Graham (15 July 2016). "Indonesia's anti-LGBT panic". East Asia Forum. Retrieved 20 January 2022.{{cite web}}: CS1 maint: url-status (link)
  78. ^ Davies, Sharyn Graham (2019). "Waria". Global Encyclopedia of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) History. Gale eBooks. pp. 1717–1720. ISBN 978-0-684-32554-5.
  79. ^ Indonesian city to fine LGBT residents for disturbing 'public order' Archived 26 July 2019 at the Wayback Machine The Guardian, 2018
  80. ^ "Indonesian city plans to fine residents for 'LGBT behaviour'". South China Morning Post. 1 December 2018. Archived from the original on 18 December 2019. Retrieved 28 July 2019.
  81. ^ Radio, Kantor Berita. "BKKBN Ingin Kepala Daerah Bikin Perda untuk Perangi LGBT?". kbr.id. Archived from the original on 14 June 2020. Retrieved 20 May 2020.
  82. ^ Glauert, Rik (4 June 2019). "Indonesia govt official labels LGBTI people 'main enemy of national development'". Gay Star News. Archived from the original on 19 June 2019. Retrieved 6 June 2019.
  83. ^ ILGA-RIWI Global Attitudes Survey Archived 13 January 2018 at the Wayback Machine ILGA, October 2017
  84. ^ [1] Archived 10 May 2017 at the Wayback Machine ILGA, December 2016
  85. ^ https://www.bbc.com/indonesia/indonesia-42813753
  86. ^ "The Global Divide on Homosexuality Persists". Pew Research Center. 25 June 2020. Archived from the original on 25 December 2020. Retrieved 21 December 2020.
  87. ^ "Download Undang-Undang No. 44 Tahun 2008 - hukumonline.com". www.hukumonline.com. Archived from the original on 25 July 2019. Retrieved 22 May 2017.
  88. ^ "QANUN ACEH NOMOR 6 TAHUN 2014 TENTANG HUKUM JINAYAT (Aceh Religious Bylaw on Crimes" (PDF). Aceh Provincial Website. 2004. Archived from the original (PDF) on 26 June 2017. Retrieved 6 September 2017.
  89. ^ Problematika Batas Usia Dewasa di Indonesia
  90. ^ https://www.hukumonline.com/klinik/a/bisakah-dipenjara-karena-berhubungan-seks-dengan-pacar-lt5018012dba3d7
  91. ^ "Pasang Bendera Pelangi, Nikita Mirzani Dukung LGBT?". 8 June 2019.
  92. ^ "Film Kucumbu Tubuh Indahku kembali Tayang di Bioskop 6 Februari". Archived from the original on 13 May 2020. Retrieved 7 February 2021.
  93. ^ "KPI Larang TV Siarkan Adegan Berpelukan & LGBT Selama Ramadan 2021". Archived from the original on 11 April 2021. Retrieved 11 April 2021.
  94. ^ Rongiyati, Sulasi (November 2015). "Surat Edaran Kapolri Tentang Ujaran Kebencian: Menjaga Kebebasan Berpendapat Dan Harmonisasi Kemajemukan" (PDF). Info Singkat. 7 (21): 1–4. ISSN 2088-2351.
  95. ^ https://www.hukumonline.com/klinik/detail/ulasan/lt58536910d0461/bolehkah-isingle-parent-i-mengadopsi-anak/
  96. ^ https://dukcapil.gunungkidulkab.go.id/ini-tata-cara-mengadopsi-anak-sesuai-undang-undang/
  97. ^ "Fenomena LGBT di Tubuh TNI-Polri dan Evaluasi Diklat Militer".
  98. ^ https://news.detik.com/berita/d-5234849/pecat-tentara-gay-tni-tegaskan-tak-akan-terima-lgbt-jadi-prajurit
  99. ^ Beyama, Putri Della Yuswika Argita (2016). "Pengaturan Perubahan Jenis Kelamin Menurut Ketentuan Hukum Di Indonesia" (PDF). Essay (in Indonesian): 47. Archived from the original (PDF) on 27 January 2018. Retrieved 6 September 2017.
  100. ^ "9 Provinsi sudah layani ktp elektronik untuk transgender". nasional.tempo.co (in Indonesian). Archived from the original on 29 August 2021. Retrieved 11 June 2021.
  101. ^ http://ayodonor.pmi.or.id/about.php
  102. ^ https://www.kompasiana.com/psikosomatik_andri/56c66aabd07a615b048b456b/homoseksual-dan-biseksual-bukan-gangguan-jiwa

External links[edit]