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LGBT Rights in Indonesia

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Not legal
    Censorship
    ✖ State-enforced
    Changing Gender
    ✖ Legal, but requires surgery
    Non-binary gender recognition
    ✖ Not legally recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    Ambiguous
    Housing Discrimination
    Ambiguous
    Adoption
    ✖ Single only
    Military
    ✖ Illegal
    Donating Blood
    Ambiguous
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal

Public opinion polls in particular regions of Indonesia have found that homophobic beliefs persist.

Indonesia Surveys

of Indonesians believed that Transgender people should be protected from employment discrimination

of Indonesians believed they should be allowed to change their legal gender.

History

Homosexual activity in Indonesia

?

Homosexual activity in Indonesia is legal.

Current status
Since Dec 6, 2022
Legal
Legal (except in Aceh province, and Aceh is an autonomous province)

Aug 9, 2001–Dec 6, 2022
Varies by Region
Homosexuality is legal in Indonesia. The age of consent is 18 years old. Illegal in the Autonomous province of Aceh. Although, the Indonesian law allows homosexual conducts an overbroad interpretation of the pornography law, coupled with government action has enabled the police to use in targetting LGBT people.

1993–Sep 24, 2019
Legal
Legal Nationwide (The age of consent in Indonesia for a Homosexual Activity is 18 years old since 1993), except in Aceh :

Aceh's law on criminalizing "Anal Sex" for Muslim men came into effect on October 23rd, 2015.

Indonesia's proposed new penal code which sought to criminalize Homosexual conducts was failed to pass as of September 24, 2019.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 1, 2002–Jan 1, 2016
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 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

asia-pacific.undp.org/conte…

loc.gov/law/foreign-news/ar…
Added by beaunewham  ·  1 accurate vote  ·  Report Error  ·  Log

Aug 16, 1945–Oct 25, 2015
Legal
The date listed is the ratification of the Indonesian Constitution. Homosexuality is legal in Indonesia with the exception of Aceh and the city of Palembang .
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Indonesia

?

Same-sex marriage in Indonesia is not legal.

Current status
Not legal
There is no legal recognition of same-sex unions in Indonesia. Article 1 of the Law No. 1 of the Year 1974 on Marriage states unequivocally that marriage is "a physical and spiritual bond between a man and a woman as husband and wife, having the purpose of establishing a happy and lasting family founded on the Belief in God Almighty".[1] Moreover, Article 2 states that a marriage is only lawful if it is in accordance with the laws of the religions of the respective parties. Meanwhile, Indonesians who have entered into same-sex marriage abroad are not allowed to register their marriage in Indonesia due to Article 1 of the Marriage Act.[2] Additionally, Article 34(1) of the Law No. 23 of the Year 2006 on Civil Administration obliges all marriages to be reported to the local authorities within 60 days after marriage, and the explanation of Article 34(1) states that "marriage" can only be performed by a man and a woman
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Censorship of LGBT Issues in Indonesia

?

Censorship of LGBT Issues in Indonesia is state-enforced.

Current status
State-enforced
Most of Indonesia doesn't have censorship towards the LGBT community , but in some certain places like the TV shows it does. Some popular LGBT Websites have also been banned. Nevertheless, LGBT movies are most times free to be broadcasted in Indonesian cinemas.
Added by Muhammadaji2022  ·  1 accurate vote  ·  Report Error  ·  Log

Right to change legal gender in Indonesia

?

Right to change legal gender in Indonesia is legal, but requires surgery.

Current status
Since 1973
Legal, but requires surgery
A court ruling in Indonesia in December 2009 stipulated that Indonesians who have undergone gender re-assignment surgery must be allowed to change their gender on identity documents.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Indonesia

?

Legal recognition of non-binary gender in Indonesia is not legally recognized.

Current status
Not legally recognized
Indonesia does not legally recognize non-binary identities, despite genderless identities being part of its culture and history.
Added by Willow  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Indonesia

?

LGBT discrimination in Indonesia is illegal in some contexts.

Current status
Since Oct 8, 2015
Illegal in some contexts
The Indonesian police authorities ruled an order since 2015 that it would process any hate speech related to sexual orientation or gender.
Added by LGBT_southeastasian  ·  1 accurate vote  ·  Report Error  ·  Log

Until Oct 8, 2015
No protections
LGBT Indonesians face discrimination on the work place.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT employment discrimination in Indonesia

?

LGBT employment discrimination in Indonesia is ambiguous.

Current status
Ambiguous
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.
Sources:
Being LGBT in Asia: Indonesia Country Report 2014

asia-pacific.undp.org/conte…
Added by beaunewham  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in Indonesia

?

LGBT housing discrimination in Indonesia is ambiguous.

Current status
Since Aug 18, 1945
Ambiguous
None exist currently.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Indonesia

?

Same-sex adoption in Indonesia is single only.

Current status
Single only
Same-sex couples are legally prohibited from adopting children in Indonesia by a joint adoption.

In theory, a single person may adopt, but the prospective parent must be in a marriage recognized by Indonesia which is heterosexual according to national law, making it virtually impossible for same-sex couples to adopt children.

Serving openly in military in Indonesia

?

Serving openly in military in Indonesia is illegal.

Current status
Illegal
Under the ST/398/2009 telegram letter of the Indonesian Military, it is illegal for LGBTQIA+ identifying people to serve in the military, openly or secretly. The Indonesian Military aggressively hunts, cracks down, imprison, and dishonorably discharge LGBTQIA+ identifying members of the Indonesian Military. Back then, the Indonesian Psychological Association stated that LGBTQIA+ identity is a mental illness. Numerous people inside the Military were imprisoned if vigilantes caught Military members having private, consensual, gay sex.

We compiled and translated the tweets from the Indonesian Air Force’s Official Account responding to questions about recruiting LGBTQIA+ identifying people to the Indonesian Military. Here are all the tweets in chronological order:

1. When being asked if members of the LGBTQIA+ community can serve in the Indonesian Military, here are their response: (https://twitter.com/_TNIAU/status/950706476623933446)
Ooohhh, cannot (shocked face)

Upon selection there are psychological tests, LGBT is a mental disorder. If there are many recruits that are mentally healthy why must we accept the mentally deficient?

2. The twitter went viral and there were some criticisms, which they responded with: (https://twitter.com/_TNIAU/status/950723833606037505)
(The word “normal” means heterosexual)
Responding to many mentions that went in -> until right now there are still many Military recruits that have a normal sexual orientation.

Members of the Indonesian Military are governed by military norms including religious norms & laws, so (members) must be physically & mentally healthy

3. In response to the numerous tweets arguing that homosexuality is not a mental illness, they responded with: (https://twitter.com/_TNIAU/status/950733029894381569)
(“Airmin” is how they say Air Force Admin)
(“UI” is short for the University of Indonesia, the top University in Indonesia)
In response to the debate if LGBT is a mental disorder or not, "airmin" will give you a Link containing an opinion from one of the doctors of UI.
https://nasional.republika.co.id/berita/nasional/umum/16/03/23/o4hkwh365-guru-besar-ui-lgbt-penyakit-gangguan-jiwa

4. One person replied that it is an opinion of one person and does not equate the scientific burden of proof. They responded with: (https://twitter.com/_TNIAU/status/950737066127536128)
As an member of the Military who is pious to the Almighty God and as a Muslim the Al-Quran is enough to be a scientific proof, are there any higher knowledge and more credible than the Holy Bible? In the Holy Bible LGBT is not only prohibited but also “cursed”

5. The Indonesian Air Force responded to more replies with this final tweet: (https://twitter.com/_tniau/status/950738661905121281)
Same-sex relationships is a sin am I right? (smile emoji) I’m sorry yaa, even animals are never wrong in their (mating) targets
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Indonesia

?

Blood donations by MSMs in Indonesia is ambiguous.

Current status
Ambiguous
The Indonesian Red Cross said that LGBTQIA+ identifying people are not recommended to donate blood because of their "risky sexual activities" including anal sex that can get them infected with HIV.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Indonesia

?

Conversion therapy in Indonesia is not banned.

Current status
Not banned
No
Added by Antinousosiris  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Indonesia

?

Equal age of consent in Indonesia is equal.

Current status
Since Oct 15, 2019
Equal
Equal except for the region of Aceh (Homosexuality is illegal there)
Added by LGBT_southeastasian  ·  0 accurate votes  ·  Report Error  ·  Log

1974–Oct 15, 2019
Unequal
The age of consent for males and females engaged in heterosexual activity is 19 and 16 in a marriage respectively. For homosexual activity, the age of consent is 18.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log


LGBT Rights by province

View the LGBT laws in each individual province of Indonesia.