LGBTQ rights in Indonesia

LGBTQ rights in Indonesia
Indonesia
StatusNever criminalised (except in Aceh province)
Gender identityTransgender people allowed to change their legal gender with several conditions
MilitaryNot explicitly prohibited by Law (de jure), Illegal (de facto)
Discrimination protectionsLimited protection following a legal process
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-LGBTQ residents. Traditional social norms disapprove of homosexuality and gender 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 the country does not currently prohibit non-commercial, private and consensual sexual activity between members of the same-sex, yet there is no specific Indonesian law that protects the LGBT community against discrimination and hate crimes. In Aceh, homosexuality is illegal under Islamic Sharia law and it is punishable by flogging or imprisonment. Indonesia does not recognize same-sex marriage.

In July 2015, the Minister of Religious Affairs stated that it is difficult for Indonesia to legalize same-sex marriage because deep-seated religious norms speak strongly against it.[1] 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.[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 cases 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] ten were charged.[11] Another raid took place in October 2017, when Indonesian police raided a sauna in Central Jakarta popular with gay men, arresting 51 people, although only six were charged, including the spa owner.[12] An over-broad interpretation of the Pornography Act, coupled with government inaction, has enabled the police to use it in targeting LGBT people.[13]

  1. ^ "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 Offord, Baden; Cantrell, Leon (May 2001). "Homosexual Rights as Human Rights in Indonesia and Australia". Journal of Homosexuality. 40 (3&4). Routledge: 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. ^ Cite error: The named reference radical was invoked but never defined (see the help page).
  5. ^ 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. ^ 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. ^ "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. ^ "Polisi Bantah Telanjangi 141 Gay di Kelapa Gading". Archived from the original on 22 May 2017. Retrieved 12 December 2022.
  12. ^ "Pemilik Spa yang Dipakai 51 Pria Disangka Gay Jadi Tersangka". Archived from the original on 24 July 2022. Retrieved 12 December 2022.
  13. ^ 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.