- Homosexuality⚢Varies by Region
- Marriage⚭✖ Unrecognized
- Changing GenderAmbiguous
- AdoptionMarried couples only
- Discrimination✖ No protections
- Employment Discrimination✖ No protections
- Housing Discrimination✖ No protections
- MilitaryDon't Ask, Don't Tell
- Donating Blood✔ Legal
- Age of Consent✖ Unequal
- Conversion Therapy✔ Banned
Public Opinion
"Should Society Accept Homosexuality?"
Indonesia ranks #32 out of 39 countries surveyed. (Source: Pew Research Center, June 4, 2013)
(93%) No
Yes (3%)
History
Varies by Region
Six strockes and a fine of 830 dollars American. Not enforced by Malaysian Courts as of August 29, 2018.
Current status
(since Oct 23, 2015)
(since Oct 23, 2015)
Varies by Region
Aceh's law on criminalizing same sex behaviour for Muslim men came into effect on October 23rd, 2015.
Varies by Region
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$nition of terms explicitly mentions
“homosexual and lesbian” relationships and later prohibits such relationships and prohibits
persons from “o#ering themselves for homosexual and lesbian relationships either with or
without payment.”
Alongside these local ordinances, Aceh province (a province with significant legislative autonomy from the rest of Indonesia) from October, 2015, criminalises homosexual sex between muslim men with a punishment of up to 100 lashes.
23/2002) of the same sex or gender is not criminalized in the Indonesian Penal Code.
There are five exceptions where homosexuality is criminalized in local ordinances:
1. Provincial Ordinance on the Eradication of Immoral Behavior (No. 13/2002) in South Sumatra.
This classi$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.
Current status
(since Aug 18, 1945)
(since Aug 18, 1945)
Unrecognized
The date is the ratification of the Indonesian Constitution. Same-sex marriage is not a legislative priority in Indonesia.
Sexual orientation and gender identity
Full discrimination protections in All areas. although discrimination is prevalent.
Current status
No protections
There is no anti-discrimination law on the basis of sexual orientation and gender identity.
Theoretically there is a guarantee of protection against discriminatory practices based on any
ground in the Constitution and the Human Rights Law (No. 39/1999). Similarly, the Labor Law
(No. 13/2003) prohibits discrimination in employment. However, this is little known in LGBT
communities, and has not been used in court in a case to challenge discrimination against LGBT
people.
Theoretically there is a guarantee of protection against discriminatory practices based on any
ground in the Constitution and the Human Rights Law (No. 39/1999). Similarly, the Labor Law
(No. 13/2003) prohibits discrimination in employment. However, this is little known in LGBT
communities, and has not been used in court in a case to challenge discrimination against LGBT
people.
Current status
(since Aug 18, 1945)
(since Aug 18, 1945)
No protections
None exist currently.
Current status
(since Aug 18, 1945)
(since Aug 18, 1945)
Don't Ask, Don't Tell
There is not a specific law against LGBT military service however, gay and lesbian Indonesians face discrimination when attempting to serve in the military.
Current status
Unequal
The age of consent for males and females engaged in heterosexual activity is 19 and 16, respectively. For homosexual activity, the age of consent is 18.
Current status
(since Mar 10, 2016)
(since Mar 10, 2016)
Banned
Only under a nationwide ban on the practice.
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