Current Version
| Region | Indonesia |
| Issue | Homosexual activity |
| Status | varies |
| Start Date | Jan 1, 2002 |
| End Date | Jan 1, 2016 |
| Description | Sex between consenting adults (18 years of age by the Law on Child Protection, No. 23/2002) of the same sex or gender is not criminalized in the Indonesian Penal Code. There are three exceptions where homosexuality is marginalized in local ordinances: 1. District Ordinance on Social Order (No. 10/2007) in Banjar, South Kalimantan Province. It mentions “abnormal” homosexual and heterosexual acts (in addition to “normal” ones) in its definition of “prostitute.” No explanation is given for “normal” or “abnormal” acts. It also prohibits the formation of organizations “leading to immoral acts” that are “unacceptable to the culture of [local] society.” These are later explained by giving examples of lesbian and gay organizations “and the like.” 2. City Ordinance on the Development of a Value System in Social Life Based on the Teachings of Islam and Local Social Norms (No. 12/2009) in Tasikmalaya, West Java. It prohibits adultery and prostitution, both heterosexual and homosexual. 3. City Ordinance on the Prevention, Eradication and Prosecution of Social Ills (No. 9/2010) in Padang Panjang, West Sumatra. The section with de$nition of terms explicitly mentions “homosexual and lesbian” relationships and later prohibits such relationships and prohibits persons from “o#ering themselves for homosexual and lesbian relationships either with or without payment.” Alongside these local ordinances, Aceh province (a province with significant legislative autonomy from the rest of Indonesia) from October, 2015, criminalises homosexual sex between muslim men with a punishment of up to 100 lashes. |
| Sources | Being LGBT in Asia - Indonesia Report 2014 http://www.asia-pacific.undp.org/content/rbap/en/home/operations/projects/overview/being-lgbt-in-asia.html http://www.loc.gov/law/foreign-news/article/indonesia-aceh-province-law-expands-caning-punishment-to-adultery-and-homosexual-acts/ |
Revision History (5)
Revision by LGBT_southeastasian
| Old Value | New Value (Current) | |
|---|---|---|
| Value Special | varies | |
| Note | Sex between consenting adults (18 years of age by the Law on Child Protection, No. 23/2002) of the same sex or gender is not criminalized in the Indonesian Penal Code. There are four exceptions where homosexuality is marginalized in local ordinances: 1. Provincial Ordinance on the Eradication of Immoral Behavior (No. 13/2002) in South Sumatra. This classifies homosexual acts and anal sex performed by men (without speci$cation whether insertive or receptive) as immoral behaviour, along with acts such as prostitution, adultery, gambling and the consumption of alcoholic drinks. 2. District Ordinance on Social Order (No. 10/2007) in Banjar, South Kalimantan Province. It mentions “abnormal” homosexual and heterosexual acts (in addition to “normal” ones) in its definition of “prostitute.” No explanation is given for “normal” or “abnormal” acts. It also prohibits the formation of organizations “leading to immoral acts” that are “unacceptable to the culture of [local] society.” These are later explained by giving examples of lesbian and gay organizations “and the like.” 3. City Ordinance on the Development of a Value System in Social Life Based on the Teachings of Islam and Local Social Norms (No. 12/2009) in Tasikmalaya, West Java. It prohibits adultery and prostitution, both heterosexual and homosexual. 4. City Ordinance on the Prevention, Eradication and Prosecution of Social Ills (No. 9/2010) in Padang Panjang, West Sumatra. The section with de$nition of terms explicitly mentions “homosexual and lesbian” relationships and later prohibits such relationships and prohibits persons from “o#ering themselves for homosexual and lesbian relationships either with or without payment.” Alongside these local ordinances, Aceh province (a province with significant legislative autonomy from the rest of Indonesia) from October, 2015, criminalises homosexual sex between muslim men with a punishment of up to 100 lashes. | Sex between consenting adults (18 years of age by the Law on Child Protection, No. 23/2002) of the same sex or gender is not criminalized in the Indonesian Penal Code. There are three exceptions where homosexuality is marginalized in local ordinances: 1. District Ordinance on Social Order (No. 10/2007) in Banjar, South Kalimantan Province. It mentions “abnormal” homosexual and heterosexual acts (in addition to “normal” ones) in its definition of “prostitute.” No explanation is given for “normal” or “abnormal” acts. It also prohibits the formation of organizations “leading to immoral acts” that are “unacceptable to the culture of [local] society.” These are later explained by giving examples of lesbian and gay organizations “and the like.” 2. City Ordinance on the Development of a Value System in Social Life Based on the Teachings of Islam and Local Social Norms (No. 12/2009) in Tasikmalaya, West Java. It prohibits adultery and prostitution, both heterosexual and homosexual. 3. City Ordinance on the Prevention, Eradication and Prosecution of Social Ills (No. 9/2010) in Padang Panjang, West Sumatra. The section with de$nition of terms explicitly mentions “homosexual and lesbian” relationships and later prohibits such relationships and prohibits persons from “o#ering themselves for homosexual and lesbian relationships either with or without payment.” Alongside these local ordinances, Aceh province (a province with significant legislative autonomy from the rest of Indonesia) from October, 2015, criminalises homosexual sex between muslim men with a punishment of up to 100 lashes. |
Revision by Muhammadaji2022
| Old Value | New Value | |
|---|---|---|
| Note | Sex between consenting adults (18 years of age by the Law on Child Protection, No. 23/2002) of the same sex or gender is not criminalized in the Indonesian Penal Code. There are five exceptions where homosexuality is marginalized in local ordinances: 1. Provincial Ordinance on the Eradication of Immoral Behavior (No. 13/2002) in South Sumatra. This classifies homosexual acts and anal sex performed by men (without speci$cation whether insertive or receptive) as immoral behaviour, along with acts such as prostitution, adultery, gambling and the consumption of alcoholic drinks. 2. City Ordinance on the Eradication of Prostitution (No. 2/2004) in Palembang, capital of South Sumatra Province. It is similar to the Provincial Ordinance, but uses the term “prostitution” instead of “immoral behavior.” 3. District Ordinance on Social Order (No. 10/2007) in Banjar, South Kalimantan Province. It mentions “abnormal” homosexual and heterosexual acts (in addition to “normal” ones) in its definition of “prostitute.” No explanation is given for “normal” or “abnormal” acts. It also prohibits the formation of organizations “leading to immoral acts” that are “unacceptable to the culture of [local] society.” These are later explained by giving examples of lesbian and gay organizations “and the like.” 4. City Ordinance on the Development of a Value System in Social Life Based on the Teachings of Islam and Local Social Norms (No. 12/2009) in Tasikmalaya, West Java. It prohibits adultery and prostitution, both heterosexual and homosexual. 5. City Ordinance on the Prevention, Eradication and Prosecution of Social Ills (No. 9/2010) in Padang Panjang, West Sumatra. The section with de$nition of terms explicitly mentions “homosexual and lesbian” relationships and later prohibits such relationships and prohibits persons from “o#ering themselves for homosexual and lesbian relationships either with or without payment.” Alongside these local ordinances, Aceh province (a province with significant legislative autonomy from the rest of Indonesia) from October, 2015, criminalises homosexual sex between muslim men with a punishment of up to 100 lashes. | Sex between consenting adults (18 years of age by the Law on Child Protection, No. 23/2002) of the same sex or gender is not criminalized in the Indonesian Penal Code. There are four exceptions where homosexuality is marginalized in local ordinances: 1. Provincial Ordinance on the Eradication of Immoral Behavior (No. 13/2002) in South Sumatra. This classifies homosexual acts and anal sex performed by men (without speci$cation whether insertive or receptive) as immoral behaviour, along with acts such as prostitution, adultery, gambling and the consumption of alcoholic drinks. 2. District Ordinance on Social Order (No. 10/2007) in Banjar, South Kalimantan Province. It mentions “abnormal” homosexual and heterosexual acts (in addition to “normal” ones) in its definition of “prostitute.” No explanation is given for “normal” or “abnormal” acts. It also prohibits the formation of organizations “leading to immoral acts” that are “unacceptable to the culture of [local] society.” These are later explained by giving examples of lesbian and gay organizations “and the like.” 3. City Ordinance on the Development of a Value System in Social Life Based on the Teachings of Islam and Local Social Norms (No. 12/2009) in Tasikmalaya, West Java. It prohibits adultery and prostitution, both heterosexual and homosexual. 4. City Ordinance on the Prevention, Eradication and Prosecution of Social Ills (No. 9/2010) in Padang Panjang, West Sumatra. The section with de$nition of terms explicitly mentions “homosexual and lesbian” relationships and later prohibits such relationships and prohibits persons from “o#ering themselves for homosexual and lesbian relationships either with or without payment.” Alongside these local ordinances, Aceh province (a province with significant legislative autonomy from the rest of Indonesia) from October, 2015, criminalises homosexual sex between muslim men with a punishment of up to 100 lashes. |
Revision by Muhammadaji2022
| Old Value | New Value | |
|---|---|---|
| Note | Sex between consenting adults (18 years of age by the Law on Child Protection, No. 23/2002) of the same sex or gender is not criminalized in the Indonesian Penal Code. There are five exceptions where homosexuality is criminalized in local ordinances: 1. Provincial Ordinance on the Eradication of Immoral Behavior (No. 13/2002) in South Sumatra. This classifies homosexual acts and anal sex performed by men (without speci$cation whether insertive or receptive) as immoral behaviour, along with acts such as prostitution, adultery, gambling and the consumption of alcoholic drinks. 2. City Ordinance on the Eradication of Prostitution (No. 2/2004) in Palembang, capital of South Sumatra Province. It is similar to the Provincial Ordinance, but uses the term “prostitution” instead of “immoral behavior.” 3. District Ordinance on Social Order (No. 10/2007) in Banjar, South Kalimantan Province. It mentions “abnormal” homosexual and heterosexual acts (in addition to “normal” ones) in its definition of “prostitute.” No explanation is given for “normal” or “abnormal” acts. It also prohibits the formation of organizations “leading to immoral acts” that are “unacceptable to the culture of [local] society.” These are later explained by giving examples of lesbian and gay organizations “and the like.” 4. City Ordinance on the Development of a Value System in Social Life Based on the Teachings of Islam and Local Social Norms (No. 12/2009) in Tasikmalaya, West Java. It prohibits adultery and prostitution, both heterosexual and homosexual. 5. City Ordinance on the Prevention, Eradication and Prosecution of Social Ills (No. 9/2010) in Padang Panjang, West Sumatra. The section with de$nition of terms explicitly mentions “homosexual and lesbian” relationships and later prohibits such relationships and prohibits persons from “o#ering themselves for homosexual and lesbian relationships either with or without payment.” Alongside these local ordinances, Aceh province (a province with significant legislative autonomy from the rest of Indonesia) from October, 2015, criminalises homosexual sex between muslim men with a punishment of up to 100 lashes. | Sex between consenting adults (18 years of age by the Law on Child Protection, No. 23/2002) of the same sex or gender is not criminalized in the Indonesian Penal Code. There are five exceptions where homosexuality is marginalized in local ordinances: 1. Provincial Ordinance on the Eradication of Immoral Behavior (No. 13/2002) in South Sumatra. This classifies homosexual acts and anal sex performed by men (without speci$cation whether insertive or receptive) as immoral behaviour, along with acts such as prostitution, adultery, gambling and the consumption of alcoholic drinks. 2. City Ordinance on the Eradication of Prostitution (No. 2/2004) in Palembang, capital of South Sumatra Province. It is similar to the Provincial Ordinance, but uses the term “prostitution” instead of “immoral behavior.” 3. District Ordinance on Social Order (No. 10/2007) in Banjar, South Kalimantan Province. It mentions “abnormal” homosexual and heterosexual acts (in addition to “normal” ones) in its definition of “prostitute.” No explanation is given for “normal” or “abnormal” acts. It also prohibits the formation of organizations “leading to immoral acts” that are “unacceptable to the culture of [local] society.” These are later explained by giving examples of lesbian and gay organizations “and the like.” 4. City Ordinance on the Development of a Value System in Social Life Based on the Teachings of Islam and Local Social Norms (No. 12/2009) in Tasikmalaya, West Java. It prohibits adultery and prostitution, both heterosexual and homosexual. 5. City Ordinance on the Prevention, Eradication and Prosecution of Social Ills (No. 9/2010) in Padang Panjang, West Sumatra. The section with de$nition of terms explicitly mentions “homosexual and lesbian” relationships and later prohibits such relationships and prohibits persons from “o#ering themselves for homosexual and lesbian relationships either with or without payment.” Alongside these local ordinances, Aceh province (a province with significant legislative autonomy from the rest of Indonesia) from October, 2015, criminalises homosexual sex between muslim men with a punishment of up to 100 lashes. |
Revision by Muhammadaji2022
| Old Value | New Value | |
|---|---|---|
| Note | Sex between consenting adults (18 years of age by the Law on Child Protection, No. 23/2002) of the same sex or gender is not criminalized in the Indonesian Penal Code. There are five exceptions where homosexuality is criminalized in local ordinances: 1. Provincial Ordinance on the Eradication of Immoral Behavior (No. 13/2002) in South Sumatra. This classi$es homosexual acts and anal sex performed by men (without speci$cation whether insertive or receptive) as immoral behaviour, along with acts such as prostitution, adultery, gambling and the consumption of alcoholic drinks. 2. City Ordinance on the Eradication of Prostitution (No. 2/2004) in Palembang, capital of South Sumatra Province. It is similar to the Provincial Ordinance, but uses the term “prostitution” instead of “immoral behavior.” 3. District Ordinance on Social Order (No. 10/2007) in Banjar, South Kalimantan Province. It mentions “abnormal” homosexual and heterosexual acts (in addition to “normal” ones) in its definition of “prostitute.” No explanation is given for “normal” or “abnormal” acts. It also prohibits the formation of organizations “leading to immoral acts” that are “unacceptable to the culture of [local] society.” These are later explained by giving examples of lesbian and gay organizations “and the like.” 4. City Ordinance on the Development of a Value System in Social Life Based on the Teachings of Islam and Local Social Norms (No. 12/2009) in Tasikmalaya, West Java. It prohibits adultery and prostitution, both heterosexual and homosexual. 5. City Ordinance on the Prevention, Eradication and Prosecution of Social Ills (No. 9/2010) in Padang Panjang, West Sumatra. The section with de$nition of terms explicitly mentions “homosexual and lesbian” relationships and later prohibits such relationships and prohibits persons from “o#ering themselves for homosexual and lesbian relationships either with or without payment.” Alongside these local ordinances, Aceh province (a province with significant legislative autonomy from the rest of Indonesia) from October, 2015, criminalises homosexual sex between muslim men with a punishment of up to 100 lashes. | Sex between consenting adults (18 years of age by the Law on Child Protection, No. 23/2002) of the same sex or gender is not criminalized in the Indonesian Penal Code. There are five exceptions where homosexuality is criminalized in local ordinances: 1. Provincial Ordinance on the Eradication of Immoral Behavior (No. 13/2002) in South Sumatra. This classifies homosexual acts and anal sex performed by men (without speci$cation whether insertive or receptive) as immoral behaviour, along with acts such as prostitution, adultery, gambling and the consumption of alcoholic drinks. 2. City Ordinance on the Eradication of Prostitution (No. 2/2004) in Palembang, capital of South Sumatra Province. It is similar to the Provincial Ordinance, but uses the term “prostitution” instead of “immoral behavior.” 3. District Ordinance on Social Order (No. 10/2007) in Banjar, South Kalimantan Province. It mentions “abnormal” homosexual and heterosexual acts (in addition to “normal” ones) in its definition of “prostitute.” No explanation is given for “normal” or “abnormal” acts. It also prohibits the formation of organizations “leading to immoral acts” that are “unacceptable to the culture of [local] society.” These are later explained by giving examples of lesbian and gay organizations “and the like.” 4. City Ordinance on the Development of a Value System in Social Life Based on the Teachings of Islam and Local Social Norms (No. 12/2009) in Tasikmalaya, West Java. It prohibits adultery and prostitution, both heterosexual and homosexual. 5. City Ordinance on the Prevention, Eradication and Prosecution of Social Ills (No. 9/2010) in Padang Panjang, West Sumatra. The section with de$nition of terms explicitly mentions “homosexual and lesbian” relationships and later prohibits such relationships and prohibits persons from “o#ering themselves for homosexual and lesbian relationships either with or without payment.” Alongside these local ordinances, Aceh province (a province with significant legislative autonomy from the rest of Indonesia) from October, 2015, criminalises homosexual sex between muslim men with a punishment of up to 100 lashes. |
Revision by beaunewham
| Old Value (Original) | New Value | |
|---|---|---|
| Note | Provincial Ordinance on the Eradication of Immoral Behavior (No. 13/2002) in South Sumatra. This classes homosexual acts and anal sex performed by men (without specification whether insertive or receptive) as immoral behaviour, along with acts such as prostitution, adultery, gambling and the consumption of alcoholic drinks. | Sex between consenting adults (18 years of age by the Law on Child Protection, No. 23/2002) of the same sex or gender is not criminalized in the Indonesian Penal Code. There are five exceptions where homosexuality is criminalized in local ordinances: 1. Provincial Ordinance on the Eradication of Immoral Behavior (No. 13/2002) in South Sumatra. This classi$es homosexual acts and anal sex performed by men (without speci$cation whether insertive or receptive) as immoral behaviour, along with acts such as prostitution, adultery, gambling and the consumption of alcoholic drinks. 2. City Ordinance on the Eradication of Prostitution (No. 2/2004) in Palembang, capital of South Sumatra Province. It is similar to the Provincial Ordinance, but uses the term “prostitution” instead of “immoral behavior.” 3. District Ordinance on Social Order (No. 10/2007) in Banjar, South Kalimantan Province. It mentions “abnormal” homosexual and heterosexual acts (in addition to “normal” ones) in its definition of “prostitute.” No explanation is given for “normal” or “abnormal” acts. It also prohibits the formation of organizations “leading to immoral acts” that are “unacceptable to the culture of [local] society.” These are later explained by giving examples of lesbian and gay organizations “and the like.” 4. City Ordinance on the Development of a Value System in Social Life Based on the Teachings of Islam and Local Social Norms (No. 12/2009) in Tasikmalaya, West Java. It prohibits adultery and prostitution, both heterosexual and homosexual. 5. City Ordinance on the Prevention, Eradication and Prosecution of Social Ills (No. 9/2010) in Padang Panjang, West Sumatra. The section with de$nition of terms explicitly mentions “homosexual and lesbian” relationships and later prohibits such relationships and prohibits persons from “o#ering themselves for homosexual and lesbian relationships either with or without payment.” Alongside these local ordinances, Aceh province (a province with significant legislative autonomy from the rest of Indonesia) from October, 2015, criminalises homosexual sex between muslim men with a punishment of up to 100 lashes. |
| Sources | Being LGBT in Asia - Indonesia Report 2014 http://www.asia-pacific.undp.org/content/rbap/en/home/operations/projects/overview/being-lgbt-in-asia.html | Being LGBT in Asia - Indonesia Report 2014 http://www.asia-pacific.undp.org/content/rbap/en/home/operations/projects/overview/being-lgbt-in-asia.html http://www.loc.gov/law/foreign-news/article/indonesia-aceh-province-law-expands-caning-punishment-to-adultery-and-homosexual-acts/ |