While Indonesia has allowed private and consensual sexual relations between persons of the same sex, it used to have higher age of consent for same-sex relations than for heterosexual relations since 1993 (17 for heterosexuals and 18 for homosexuals). 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. 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. These local penalties exist in the province of Aceh, where bylaws against LGBT rights have been passed. Indonesia allows one of its provincial governments to establish specific Islamic-based laws, such as criminal sanctions for homosexuality. 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.
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The national Criminal Code does not prohibit private, non-commercial homosexual relations between consenting adults. Ĭurrently, unlike neighbouring Malaysia, Indonesia does not explicitly have a sodomy law. An over-broad interpretation of the Pornography Act, coupled with government inaction, has enabled the police to use it in targeting LGBT people. Another raid took place in October 2017, when Indonesian police raided a sauna in Central Jakarta popular with gay men, arresting 51 people. In May 2017, 141 men were arrested for a "gay sex party" in the capital Jakarta. In 2017, police launched multiple raids on gay saunas under the pretext of pornography-related offences. In 2017, two young gay men (aged 20 and 23) were sentenced to being caned in front of the public in the Aceh province.
In February 2016, Human Rights Watch urged the Indonesian government to defend the rights of LGBT people and publicly condemn officials' discriminatory remarks. In early 2016, LGBT people and activists in Indonesia faced fierce opposition, homophobic attacks, and hate speech, even launched by Indonesian authorities. As a result, LGBT people have faced growing hostility and intolerance, including attacks and discrimination. ĭespite Indonesia's reputation as a relatively moderate Muslim country, in the 21st century sharia-supporting fundamentalist Muslim groups have gained increasing support. Nevertheless, there are some rare examples of understanding and acceptance by the families of LGBT persons. Ĭoming out to family and friends is seldom undertaken by LGBT people in Indonesia, as they are afraid of rejection and social backlash. Despite this, the LGBT community in Indonesia has steadily become more visible and politically active. The importance in Indonesia for social harmony leads to an emphasis on duties over rights, meaning that human rights broadly, including LGBT rights, are very fragile.
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.
Indonesia does not recognise same-sex marriage. In Aceh, homosexuality is illegal under Islamic Sharia law, and punishable by flogging or prison. Most parts of Indonesia do not have a sodomy law and do not currently criminalise private, non-commercial gay acts among consenting adults, yet there is no specific Indonesian law that protects the LGBT community against discrimination and hate crimes. 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. Traditional mores disapprove of homosexuality and transitioning, which impacts public policy. Lesbian, gay, bisexual, and transgender ( LGBT) people in Indonesia face legal challenges and prejudices not experienced by non- LGBT residents. Limited protection following a legal process ( see below)Īdoption by single LGBT people recognized, but adoptions by same sex couples are banned Not explicitly prohibited by Law (de jure), Illegal (de facto) Transgender people have a constitutional right to change their legal gender with several conditions, although a third gender is not recognized