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 and no subsequent bill has been reintroduced. 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. Call for discrimination and criminalisation[ edit ] The strongest opposition against the recognition of LGBT rights in Indonesia has come from religious authorities and pressure-groups, especially Islamic organisations.
The northernmost province of Aceh proceeded to enact a sharia -based anti-homosexuality law that punishes anyone caught having gay sex with lashes. The law was set for enforcement by the end of In March , Indonesian Ulema Council Majelis Ulama Indonesia or MUI issued fatwa , or religious edict, called for same-sex acts to be punished by caning, and in some instances, the death penalty. The DPR said that the MUI fatwa is only served as a moral guidance for its adherent, not as positive law with legal power that only possessed by the state.
The police then raided the gay gathering, charging the men with violating the national law against pornography, which is very broadly written.
Earlier in the same month, 14 men were arrested at a "gay party" in Surabaya. The petitioner sought to erase the term "underage" in article , in order to persecute all same-sex sexual conducts of all ages, including among consenting adults. The court rejected to amend the law, and held that the issue was a matter for the Indonesian Legislature.
Only married couples consisting of a husband and a wife can adopt. The police tortured all LGBT citizens within the premises of the parlor, shaved the heads of transgender women, stripped their shirts and bras, and paraded them in the street while forcing to shout 'to become men'.
The event caused massive outrage from human rights organization throughout the world, from Europe, Australia, the Americas, and to liberal sections of Asia. In February , the Indonesian government planned to pass a legislation that would criminalize gay sex. The legislation is supported by all of the 10 political parties of the country, and is expected to pass before Valentines Day.
Indonesia has been branded as the most homophobic country in core Asia, along with Malaysia. Legal aspects of transsexualism Transgender identity also called waria has long been part of Indonesian culture and society.
Cross-dressing is not, per se, illegal and some public tolerance is given to some transgender people working in beauty salons or in 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 same biological sex.
Indonesian law does not protect transgender people from discrimination or harassment. The Islamic Indonesian Ulema Council ruled that transgender persons must live in the gender that they were born with. President Barack Obama 's nanny for two years, publicly applied to be the head of the nation's National Commission on Human Rights. Sources reported that "the agency regularly conducted raids against transgender women". Detained trans individuals are taken by the agency to city-owned "rehabilitation" centers, 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 "offense".
Officials have stated this is being done to create a deterrent against being transgender, and that continual violations will result in jail time. 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.
First, an accusation of sexual approach and harassment done 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.
However, after the alleged homosexual scandals involving Indonesian celebrities, in March , the national broadcasting commission emphasized a policy banning TV and radio programs that make LGBT behavior appear "normal", saying this was to protect children and teenagers who are "susceptible to imitating deviant LGBT behaviors". The gay and lesbian movement in Indonesia is one of the oldest and largest in Southeast Asia.
Another group is the Yayasan Srikandi Sejati, which was founded in As numerous influential Western countries like European nations and the United States began legalizing same-sex marriage in , 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 reaction mainly was not positive. The right-wing elements in Indonesian politics, especially religious-based political parties and organization have publicly condemned LGBT rights. Those infected with HIV travelling 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. 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. Strongest opposition has come from majority-Islamic groups, with Majelis Ulama Indonesia , the country's top Muslim clerical body, calling for criminalization of homosexuality.
Indonesian Catholic authorities have reiterated that Catholicism does not recognize same-sex marriage but assured that, despite their perceived transgressions, LGBT people should be protected and not harmed.
Referring to Law No. There have been a few incidents of LGBT people being harassed. LGBT groups are now working to set up safehouses and draw up evacuation plans in case of need.
In Yogyakarta , on February , 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.
They have the right to be protected as well," Panjaitan said.