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I Am Gay I Will Not Be Toutured Again

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LGBT rights in Indonesia
Indonesia (orthographic projection).svg

Republic of indonesia
Status Legal [note 1]
Gender identity Transgender people take a constitutional right to change their legal gender with several conditions, although a third gender is non recognized
War machine Not explicitly prohibited past Law (de jure), Illegal (de facto)
Discrimination protections Limited protection following a legal process (run across beneath)
Family rights
Recognition of relationships No recognition of same-sex couples
Adoption Adoption by single LGBT people recognized, but adoptions by aforementioned sex couples are banned

Lesbian, gay, bisexual, and transgender (LGBT) people in Indonesia face legal challenges and prejudices not experienced past non-LGBT residents. Traditional mores disapprove of homosexuality and transitioning, which impacts public policy. Indonesian aforementioned-sex couples and households headed by same-sexual practice couples are not eligible for any of the legal protections bachelor to opposite-sexual activity married couples. About parts of Republic of indonesia exercise not take a sodomy police and do not currently criminalise private, not-commercial gay acts amid consenting adults, notwithstanding at that place is no specific Indonesian constabulary that protects 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 Republic of indonesia to legalize same-sex spousal relationship because firmly held religious norms speak strongly against information technology.[1] The importance in Indonesia for social harmony leads to an emphasis on duties over rights, significant that human rights broadly, including LGBT rights, are very fragile.[2] Despite this, the LGBT community in Republic of indonesia has steadily get more visible and politically active.[2]

Coming out to family unit and friends is seldom undertaken by LGBT people in Republic of indonesia, equally they are afraid of rejection and social backlash. Nevertheless, there are some rare examples of understanding and credence past 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.[v] In early 2016, LGBT people and activists in Republic of indonesia faced trigger-happy opposition, homophobic attacks, and hate oral communication, even launched by Indonesian government.[half dozen] In February 2016, Homo 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 (anile 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] Some other raid took place in Oct 2017, when Indonesian law raided a sauna in Central Jakarta popular with gay men, arresting 51 people. An over-broad estimation of the Pornography Deed, coupled with regime inaction, has enabled the police force to utilise it in targeting LGBT people.[11]

Legality of same-sex sex [edit]

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

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

While Republic of 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).[fourteen]

The Constitution does not explicitly address sexual orientation or gender identity. It does guarantee all citizens various legal rights, including equality before the police force, equal opportunity, humane handling in the workplace, religious freedom, freedom of opinion, peaceful associates, and clan.[15]

While homosexuality itself is legal, the regime has taken specific steps to conscience films and other media content that is deemed to be "promoting" homosexuality. In 2016, the government appear plans to ban several websites and figurer applications that promotes homosexuality.

Calls for discrimination and criminalisation [edit]

The most agile opposition against the recognition of LGBT rights in Indonesia has come from religious regime and pressure level-groups, particularly Islamic organisations. Indonesian Ulema Quango (Majelis Ulama Indonesia or MUI) has made a statement, which stigmatised the LGBT population by declaring them "deviant" and an barb to the "dignity of Indonesia".[thirteen]

In 2002, the Indonesian regime gave Aceh Province the right to introduce Sharia Law, admitting but to Muslim residents. The northernmost province of Aceh proceeded to enact a sharia-based anti-homosexuality police force that punishes anyone defenseless having gay sexual activity with 100 lashes. The constabulary was ready 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 every bit an act of "prostitution that violates the norms of common decency, religion, and legal norms every bit they apply to societal rule."[20] The following acts are defined equally acts of prostitution: homosexual sexual practice, 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 aforementioned-sexual activity acts to exist punished by caning, and in some instances, the death penalty.[xiii] The fatwa considers homosexuality a curable disease and says homosexual acts "must be heavily punished."[13]

Indonesian People's Representative Quango (DPR) has dismissed the suggestion that the death penalty would be introduced for same-sexual activity 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 just possessed by the state.[21]

In March 2016, the wake of surging anti-LGBT sentiments which started in early in 2016,parties like the Prosperous Justice Party (PKS) and the United Development Political 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 Nov 2016, the Islamic Defenders Front (FPI) tipped off law in Djakarta that there was a "sex activity party". The police so 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 irreverence confronting faith and an insult against Indonesian civilisation. "What kind of logic that able to accept this kind of sexual departure, even animals are non gay. This is clearly not about equality," every bit stated by the Caput of Law Department of MUI.[26] He made his remarks even though homosexuality has been observed in more than one,500 animal species. Before in the aforementioned calendar month, fourteen men were arrested at a "gay party" in Surabaya.[27]

On 14 December 2017, the Constitutional Court of Indonesia issued a 5–iv ruling rejecting a petition past the conservative Family Honey Brotherhood which sought to meliorate the Indonesian Criminal Code to make gay sexual practice and sex outside of marriage illegal.[28] There were iii articles of the Indonesian Criminal Code (KUHP) petitioned for review, namely commodity 248 on adultery, article 285 on rape, and article 292 on child abuse.[29] Under article 292 of the Criminal Lawmaking, 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 courtroom rejected to amend the law and held that the issue was a matter for the Indonesian Legislature.[31]

Since January 2018, every bit 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 activity betwixt two unmarried people, cohabitation, infidelity and rape. It will also enable lesbian, gay, bisexual or transgender people to exist taken to court for their sexual orientation.[33]

In late September 2019, the outgoing People's Representative Quango's plan to laissez passer the revised criminal code (RKUHP) was met with widespread educatee demonstrations on 23, 24 and 25 September 2019.[34] The revision of the Criminal Code (RKUHP) is increasingly discriminating confronting LGBT people. Article 421 (1) concerning obscenity explicitly mentions the same-sexual activity acts: "Everyone who commits obscene acts against other people of the same sex in public is convicted with a maximum imprisonment of i 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 especially targeting LGBT people.[35] As the response on this widespread opposition, the regime have postponed or either intercepted this controversial revised criminal code .[36]

Recognition of same-sex relationships [edit]

Indonesian law does non recognise same-sex marriage, civil unions or domestic partnerships.[one]

War machine service [edit]

Adoption and family planning [edit]

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

Even though the Indonesian constabulary requires only married couples consisting a hubby and a wife can adopt, adoption by unmarried people regardless of sexual orientation or gender identity is allowed and in that location has been no laws prohibiting it .

Discrimination protections [edit]

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

In March 2019, a 30-year-old Indonesian constabulary brigadier known equally 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 challenge he was fired for beingness gay afterwards colleagues forcefully outed him and his partner. He likewise filed a complaint to the human rights commission.[39] [xl] In May 2019, the court rejected the lawsuit. His lawyer said the console of judges decided that they could non continue examining the case because TT should take first appealed the dismissal to the authorities within the Primal Coffee 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 constabulary authorities ruled an lodge since 2015 that it would process any detest oral communication related to sexual orientations and gender identity. The Indonesian government take stated that in a democratic country, every denizen has the correct to express and think and that it volition be protected and provided past the state.[42] The main purpose to eradicate hate speech is to protect and command a harmonious social life in a heterogenous society.[42] Similarly, the Regulation of the Caput of the National Police of the Republic of Indonesia Number 8 of 2009 stipulates the duty of the police to protect the special rights of minority groups, including in the terms of sexual orientation. [43] On the other hand, while not explicitly mentioned in the constitution, theoretically there is a guarantee of protection against discriminatory practices in employment based on any ground in the Constitution and the Human Rights Law (No. 39/1999).[44]

Gender identity and expression [edit]

Transgender identity (also called waria) has long been office of Indonesian culture and society.[45] While transgender people in Indonesia are generally more accepted than gays, lesbians and bisexuals, they have, in recent years, faced growing bigotry and rejection, by and large from sharia-supporting Muslim groups, which have become more and more pop in Indonesia.[iv] The status of transvestite, transsexual or other transgender persons in Indonesia is complex. Cross-dressing is non, per se, illegal and some public tolerance is given to some transgender people working in beauty salons or the amusement industry, most notably the celebrity talk show host Dorce Gamalama. Transgender people are immune to change their legal gender on official documents after undergoing sexual activity reassignment surgery and later on receiving a approximate'southward approval. Individuals who undergo such surgery are afterwards capable of marrying people of the opposite legal gender.[45]

Discrimination, harassment, fifty-fifty violence directed at transgender people is not uncommon. Indonesian police force does not protect transgender people from discrimination or harassment.[46] Transgender people who do not hide their gender identity often notice 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 alive 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 exist willing "to accept their fate to be ridiculed and harassed."[47] Even so, the Indonesian judicial system takes the contrary position, with cases like Vivian Rubiyanti Iskandar (the first trans Indonesian to be legally recognised equally female person) giving rise to legal recognition of trans Indonesians' actual genders by the State.

Recent developments [edit]

In 2012, Yuli Retoblaut, a l-yr-old transgender person and U.Southward. President Barack Obama's nanny for two years, publicly practical to exist the head of the nation'south National Commission on Human Rights.[48] The metropolis of Yogyakarta has the only madrasa for transgender people in the world.[49] In January 2018, transgender women were arrested, stripped naked, had their heads shaved, and were publicly shamed in the province of Aceh.[50] Subsequently in March, the Jakarta Social Bureau alleged 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 echo 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.[51] [52] [53]

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, Westward Java, Key Java, E Coffee, North Sumatra, S 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 corroborate of them (in Indonesia, the family register is an essential identification newspaper), leaving them without access to work or social services. The Ministry also stated that simply the "male person" and "female" sex descriptors would be recognized for the time existence, with no pick for a tertiary gender / Ten designator, and that transgender Indonesians would accept their gender at birth printed unless they had already obtained recognition from the courts.[54]

Living atmospheric condition [edit]

86% of Indonesian citizens identifies themselves as Muslim.[55] According to the Ministry building of Health (Indonesia) in 2012, Indonesia has around ane one thousand thousand 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. Information technology is estimated that the LGBT community constitutes around 3% of the Indonesian population, which is around viii million.[56] The family policy of the authorities, the social pressure level to marry and religion ways that homosexuality is generally not supported.[55] Both modernist and traditionalist Muslims besides likewise other religious groups such equally Christians, especially Roman Catholics, more often than not oppose homosexuality. Many Islamic fundamentalist groups such every bit the FPI (Islamic Defenders Front) and the FBR (Betawi Quango Forum) are openly hostile towards LGBT people past attacking the home or work of those they believe are a threat to the values of Islam.[twenty]

Explicit bigotry and violent homophobia are carried out mainly by religious extremists, while subtle bigotry and marginalisation occur in daily life amidst friends, family unit, at work or school.[55] LGBT people often suffer abuse by the hands of the police, but information technology is difficult to document due to victims refusing to requite statements due to their sexuality.[55] LGBT people are frequently arrested or charged due to their sexual orientation.[55] Gays in jails are ofttimes sexually abused due to their sexual orientation, and often practice not report information technology due to being traumatised and fear of beingness sent back to prison house to suffer further corruption.[55]

Republic of indonesia does have a reputation as being a relatively moderate and tolerant Muslim nation, which does have some awarding to LGBT people. At that place 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, bourgeois Islamic social mores tend to dominate within the broader society. Homosexuality and cross-dressing remain taboo and periodically LGBT people get the targets of local religious laws or fanatical vigilante groups.[57]

In January 2018, the Aceh police force ransacked a parlour with back up from the Aceh democratic government. The police tortured all LGBT citizens within the bounds 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 effect was criticised by human rights organisation.[58]

According to Planet Romeo in 2015, Republic of indonesia has a depression corruption rate toward LGBT people. Indonesia ranked 73 on Gay Happiness Index, surpassing Malaysia at 77 and Republic of 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.[59]

Media [edit]

The Law Against Pornography and Pornoaction (2006) prohibits "…any writing or sound-visual presentation – including songs, poetry, films, paintings, and photographs that prove or advise sexual relations betwixt persons of the same sex."[lx] Those in violation of the constabulary could be fined or sentenced to prison for upwardly to vii years.[twenty] Even so, the media is now giving homosexuality more media coverage in Indonesia.[ii]

In February 2016, the public discourse and debates on homosexuality and LGBT issues intensified with the occurrence of high-profile cases of declared homosexual misconducts, involving Indonesian celebrities. First, an accusation of sexual arroyo and harassment past TV personality Indra Bekti upon several men. Followed by the instance of dangdut singer Saiful Jamil, who has been named a doubtable in a sexual assault involving an underage male person fan.[61]

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 tv set shows. Yet, later the alleged homosexual scandals involving Indonesian celebrities, in March 2016, the national broadcasting commission emphasised a policy banning TV and radio programs that brand LGBT behaviour appear "normal", saying this was to protect children and teenagers who are "susceptible to imitating deviant LGBT behaviours".[six] This meant that broadcast companies, especially goggle box stations, are discouraged from featuring effeminate figures, transgender people or cross-dressing in their programs, although such practices were previously quite mutual in Indonesian TV shows, especially TV diversity 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 similar Prosperous Justice Party (PKS) and United Evolution Political 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 nib 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 even so, has asked people non to discriminate and harass the LGBT customs. Yet, in return, the party also urged LGBT people not to promote LGBT rights in Republic of indonesia.[62]

Currently, no 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 accept the right not to exist discriminated against.[63] Too, 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 have the existence of LGBT people. Despite holding that information technology is deviant behaviour, PDI-P has urged people to tolerate LGBT people and not extend hostile sentiments confronting them.[64]

LGBT rights movement in Indonesia [edit]

Indonesian LGBT activists protests in Jakarta 2018

In 1982, the first gay rights interest group was established in Republic of indonesia. "Lambda Indonesia" and other similar organisations arose in the belatedly 1980s and 1990s.[65] Today, some of the major LGBT associations in the nation include "GAYa NUSANTARA" and "Arus Pelangi".

The gay and lesbian movement in Indonesia is ane of the oldest and largest in Southeast Asia.[55] Lambda Republic of 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 grouping is the Yayasan Srikandi Sejati, which was founded in 1998. Their master focus is health bug about transgender people, and their work includes providing HIV/AIDS counselling and free condoms to transgender sex workers at a complimentary health clinic.[xx] There are now over xxx 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.[66] All the same, a top in March 2010 in Surabaya was met with condemnation from the Islamic Defenders Front and was disrupted by bourgeois protesters.[67]

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 defenseless 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-fly 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".[68] Same-sex wedlock or civil union became the chief outcome discussed in public regarding LGBT rights, although LGBT activists have argued that currently they exercise not fight for same-sex marriage, merely simply seek the fundamental human rights of security, freedom from fright 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 government.[69] However, he was able to reactivate information technology later.

In response to a proposed nib 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 offset openly gay musician in Indonesia,"[lxx] vocally out amidst government hostility and harsh public sentiment.[71] 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, delight leave the country if you do not desire to undergo therapy and recover."[72]

HIV/AIDS [edit]

Legal guidelines regarding HIV/AIDS exercise not be, 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 sexual activity education in Indonesian schools, there is little knowledge of the disease among the general population. Some organisations, still, do offer sexual activity teaching, though they face open hostility from schoolhouse government. 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 beingness stigmatised.[20]

Opposition [edit]

Traditionally, Indonesians are quite tolerant towards LGBT people who keep quiet and stay discreet about their individual lives.[73] However, this level of tolerance is not extended towards the LGBT rights movements, which has faced tearing condemnation in the public sphere from Indonesian authorities. A wave of anti-LGBT rhetoric began in January 2016 when Higher Pedagogy Minister Mohamad Nasir said LGBT people should be barred from university campuses.[6] The Government minister called for a ban on gay groups on academy campuses subsequently a group of University of Indonesia (UI) students established a counselling and support group called the Back up Group and Resource Heart on Sexuality Studies (SGRC).[74] The group was meant every bit a counselling service, resource heart and back up group on sexuality and gender issues, especially for LGBT youth and students, who frequently endure from abuses, harassment, violence and discrimination regarding their gender and sexuality. SGRC sees LGBT people as human beings who demand a friend and protection. The grouping, 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.[75] Amidst the rut 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 educatee organisation.[74] Another official pressured smartphone instant-messaging services to drop gay and lesbian-themed emoji, prompting one company to comply.[v]

Generally, religious authorities in Republic of indonesia condemn homosexual acts and are fiercely against the LGBT rights motion. The virtually agile opposition has come from majority-Islamic groups, with Majelis Ulama Indonesia, the country'south top Muslim clerical body, calling for the criminalisation of homosexuality.[13] Other religious groups, such every bit Christianity and specifically Roman Catholicism, accept expressed their rejection of LGBT rights in Indonesia. Indonesian Catholic regime have reiterated that Catholicism does not recognise same-sex marriage only assured that, despite their perceived transgressions, LGBT people should be protected and not harmed.[76]

The Indonesia Psychiatric Association (PDSKJI) classifies homosexuality, bisexuality and transgenderism as mental disorders. Referring to Law No.eighteen/2014 on Mental Health and the association'south Mental Wellness and Mental Disorder Diagnostic Guidelines, the PDSKJI categorises homosexual and bisexual Indonesians as "people with psychiatric problems" and transgender people as having "mental disorders".[77]

Some military figures have used conspiracy theory rhetoric. Defense Minister Ryamizard Ryacudu called the LGBT movement a "proxy state of war" to educate Indonesians, and claimed that it received "strange funding",[six] pointing to funds from Un organisations similar UNAIDS or Western governments and foundations.

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

The chair of the People's Consultative Associates Zulkifli Hasan mentioned in a statement that, "Equally a movement, the beingness of LGBT must be opposed. Nosotros must limit its room to move. Nonetheless, as individual people, they must be protected like any other denizen."[78] Anthropologist Sharyn Graham Davies commented that the chief focus of this opposition was that sexual and gender diversity may be tolerated but every bit long as LGBT people remain invisible in the Indonesian order and did not form a visible motility.[79] [80] On the other hand, amongst fierce hostilities, some officials – including former Governor of Jakarta Basuki Tjahaja Purnama and quondam 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 take the right to be protected likewise," Panjaitan said.[six] President Joko Widodo has also expressed support for LGBT rights and has called on an end to bigotry.[63]

In 2018, the city of Pariaman in Sumatra passed a public order past law 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-sexual activity couples and prohibits residents from "acting as a transvestite" in public. Several cities in West Sumatra have taken steps to marginalise LGBT groups.[81] [82]

In June 2019, the head of Indonesia's population and family planning bureau Nofrijal has labelled LGBT citizens the 'master enemy of national development'.[83] [84]

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 every bit 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 exist charged as criminals, while 36% disagreed. Every bit for transgender people, 49% agreed that they should have the aforementioned rights, 55% believed they should be protected from employment discrimination, and 41% believed they should be immune to alter their legal gender.[85]

Results online conducted by the ILGA in Oct 2016 shows that 69% of Indonesians oppose aforementioned sex marriage, fourteen% support, while 17% accept stated a neutral view.[86]

According to the SMRC national survey, 46% of Indonesians would have if their family members came out as a part of the LGBT community, just the proportion who said "wouldn't have" was slightly higher.[87]

At a census conducted by the Pew Research centre in 2019, it was reported that 9% of Indonesians believed that homosexuality should be accepted past club, an increase from only 3% in 2013.[88]

Summary table [edit]

Same-sexual activity sexual activity legal Yes Legal nationwide except noted below, though LGBT people are sometimes arrested under Indonesia's pornography law,[89]

No Illegal in Aceh [90]

Equal historic period of consent Yes (Indonesian police force rules that the age of consent minimum for sex activity is xviii years one-time.)[91] [92]
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 non allowed on Television set during Ramadan.[93] [94] [95]
Anti-bigotry laws in employment only Unknown Theoretically, there is a guarantee of protection against discriminatory practices based on any ground in the Constitution and the Human being Rights Constabulary (No. 39/1999).[44]

However, authorities doesn't allowed LGBT people to registered civil service under country's nobility premise.[96] This motive is besides affecting other sectors of employment, including individual companies.[97] [98]

Anti-discrimination laws in the provision of appurtenances and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) Yes Non enshrined by the constitution but the Indonesian police government rules that any hate oral communication related to gender or sexual orientation could be reported and processed following a legal process.[42]
Same-sex marriages No
Recognition of same-sex couples No
Stepchild adoption by same-sexual practice couples No
Joint adoption by same-sex couples No
Adoption by single people regardless of sexual orientation Yes By constabulary, adoption must be from a married heterosexual couple. All the same, single parents are immune to adopt children if the minister permits. At that place are no requirements regarding sexual orientation to adopt a child as a single parent.[99] [100]
LGBT immune to serve openly in the military No There is no war machine law that clearly states that LGBT people are prohibited from joining the military. Still, several soldiers were fired because they were caught having same-sex sexual activity under the ST/1648–2019 telegram.[101] [102]
Right to change legal gender Yes Trans/intersex individuals are immune to change legal gender (requires surgery and judicial approving). Gender/sex modify volition be recognized past the land as the opposite legal gender.[103]
Third gender option No Despite assuasive transgender people to accept their own electric identification card in 9 provinces in June 2021, a third gender selection is not available.[104]
Access to IVF for lesbians No
Conversion therapy banned No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood Unknown No law related to it.[105] MSMs may exist prohibited from donating blood under the allegation of "bad habits" on the questionnaire.[106]
Homosexuality declassified as a mental disease Yes The Indonesian Heath Ministry (Kemenkes) does not classify homosexuality and bisexuality as a mental disorder, while treats the view of Transgenderism separately.[107]

See besides [edit]

  • Homosexuality in Indonesia
  • Human rights in Indonesia
  • LGBT rights in Asia
  • Recognition of same-sex unions in Indonesia

Notes [edit]

  1. ^ Only illegal in the democratic province of Aceh.

References [edit]

  1. ^ a b c "Difficult for Republic of indonesia to legalize gay union: Minister". The Jakarta Post. Djakarta. 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". Periodical of Homosexuality. Routledge. twoscore (iii&4): 233–252. doi:10.1300/J082v40n03_12. ISSN 0091-8369. PMID 11386335. S2CID 26743310.
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External links [edit]

  • GAYa NUSANTARA LGBT community support grouping in Indonesia
  • Arus Pelangi promoting LGBT rights and awareness in Indonesia
  • Tom Boellstorff: The Gay Archipelago
  • Betwixt Religion and Desire: Being A Gay Muslim in Indonesia

ridingsfalleaseed.blogspot.com

Source: https://en.wikipedia.org/wiki/LGBT_rights_in_Indonesia

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