- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Unrecognized
- Censorship
- Unknown
- Changing Gender
- ✔ Legal, but requires surgery
- Non-binary gender recognition
- Unknown
- Discrimination
- Illegal in some contexts
- Employment Discrimination
- ✖ No protections
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Single only
- Military
- N/A
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
Suggest Public Opinion Data
Public Opinion
Acceptance of homosexuals as neighbors
Ranked #67 out of 79 countries surveyed. (Source: World Values Survey, 2017-2020)
Question: "On this list are various groups of people. Could you please mention any that you would not like to have as neighbors?"
(74.3%) Mentioned homosexuals
Did not mention homosexuals (25.7%)
Justifiability of homosexuality
Ranked #72 out of 79 countries surveyed. (Source: World Values Survey, 2017-2020)
Question: "Please tell me for each of the following statements whether you think it can always be justified, never be justified, or something in between."
(90.7%) Not justifiable
Justifiable (3.1%)
Opinion on same-sex couples as parents
Ranked #71 out of 74 countries surveyed. (Source: World Values Survey, 2017-2020)
Question: "Homosexual couples are as good parents as other couples"
(85.6%) Disagree
Agree (9.2%)
"Should society accept homosexuality?" (2019)
Ranked #32 out of 34 countries surveyed. (Source: Pew Research Center, May–October, 2019)
Question: "Should society accept homosexuality?"
(80%) No
Yes (9%)
"Should society accept homosexuality?" (2013)
Ranked #32 out of 39 countries surveyed. (Source: Pew Research Center, June, 2013)
Question: "Should society accept homosexuality?"
(93%) No
Yes (3%)
Perceived Acceptance of Gay People
Ranked #102 out of 119 countries surveyed. (Source: Gallup, 2013)
Question: "Is the city or area where you live a good place or not a good place for homosexuals?"
(82%) Not a good place
Good place (2%)
By The Numbers
41%
of Indonesians believed they should be allowed to change their legal gender.
History
Homosexual activity in Indonesia is legal.
Current status
Since Aug 9, 2001
Since Aug 9, 2001
Legal
Homosexuality is legal in Indonesia with the exception of the Aceh province. The Indonesian National law does not criminalize homosexuality ,does not have a sodomy law and do not currently criminalize private , non commercial gay acts among consenting adults. Since 2002 , the Indonesian government gave the Aceh province the right to introduce a special autonomy for the province , which enables Aceh to have sharia law. The northernmost province of Aceh proceeded to enact a sharia based anti homosexuality law that punishes anyone caught having Gay sex with 100 lashes or equivalent to 8 years in prison . Though , the Indonesian law does not criminalize homosexuality an overbroad interpreration of the pornography act , coupled with government action has enabled the police to use in targetting LGBT people .
Current status
Legal
Legal, except for in the Aceh province :
Aceh's law on criminalizing same sex behaviour for Muslim men came into effect on October 23rd, 2015.
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.
Same-sex marriage in Indonesia is unrecognized.
Current status
Unrecognized
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
Censorship of LGBT Issues in Indonesia is unknown.
Current status
Unknown
Right to change legal gender in Indonesia is legal, but requires surgery.
Legal recognition of non-binary gender in Indonesia is unknown.
Current status
Unknown
LGBT employment discrimination in Indonesia is no protections.
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.
LGBT housing discrimination in Indonesia is no protections.
Current status
Since Aug 18, 1945
Since Aug 18, 1945
No protections
None exist currently.
Same-sex adoption in Indonesia is single only.
Current status
Single only
Same-sex couples are legally prohibited from adopting children in Indonesia. Prospective parents must be in a marriage recognized by Indonesia.
By the National law, adoption must be from a married heterosexual couple. However, single parents can adopt under specific provincial laws . There are no requirements regarding sexual orientation or gender identity to adopt a child as single parent.
By the National law, adoption must be from a married heterosexual couple. However, single parents can adopt under specific provincial laws . There are no requirements regarding sexual orientation or gender identity to adopt a child as single parent.
Homosexuals serving openly in military in Indonesia is n/a.
Current status
N/A
There is not a specific law against LGBT military service however, gay and lesbian Indonesians face discrimination when attempting to serve in the military.
Blood donations by MSMs in Indonesia is legal.
Current status
Legal
No restrictions (anyone can donate blood in Indonesia as long as they are not addicted to drugs or infected with HIV)
Conversion therapy in Indonesia is not banned.
Current status
Not banned
No
Equal age of consent in Indonesia is equal.
Current status
Since Oct 15, 2019
Since Oct 15, 2019
Equal
Equalized under the child protection act, for both homosexual and heterosexual activity is 18 years old . However under the Indonesian Penal code the minimum age of consent for heterosexual activity is 15 years old. In 2019, the marriageable age for a heterosexual marriage is equalized to 19 years old for both males and females.
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