LGBT Rights in Papua Province

Papua is governed by federal Indonesia law. Learn more
    Homosexuality
    Varies by Region
    Gay Marriage
    ✖ Banned
    Censorship
    ✖ State-enforced
    Changing Gender
    ✖ Legal, but requires surgery
    Gender-Affirming Care
    Unknown
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    Ambiguous
    Housing Discrimination
    Ambiguous
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    Unknown
    Military
    ✖ Illegal
    Donating Blood
    Ambiguous
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Papua

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Homosexual activity in Papua is varies by region.

Current status
Since Jan 1, 2002
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
Sources:
Being LGBT in Asia - Indonesia Report 2014

asia-pacific.undp.org/conte…

loc.gov/law/foreign-news/ar…
Added by beaunewham  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Papua

?

Same-sex marriage in Papua is banned.

Current status
Banned
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  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in Papua

?

Censorship of LGBT Issues in Papua 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 Papua

?

Right to change legal gender in Papua 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  ·  0 accurate votes  ·  Report Error  ·  Log

Gender-Affirming Care in Papua

?

Gender-Affirming Care in Papua is unknown.

Current status
Unknown

Legal recognition of non-binary gender in Papua

?

Legal recognition of non-binary gender in Papua 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  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT discrimination in Papua

?

LGBT discrimination in Papua 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  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Papua

?

LGBT employment discrimination in Papua 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 Papua

?

LGBT housing discrimination in Papua 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 Papua

?

Same-sex adoption in Papua 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.

Intersex infant surgery in Papua

?

Intersex infant surgery in Papua is unknown.

Current status
Unknown

Serving openly in military in Papua

?

Serving openly in military in Papua 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
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Papua

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Blood donations by MSMs in Papua 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 Papua

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Conversion therapy in Papua is not banned.

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

Equal age of consent in Papua

?

Equal age of consent in Papua is equal.

Current status
Since Oct 15, 2019
Equal
Equal except for the region of Aceh (Homosexuality is illegal there)
Added by LGBT_southeastasian  ·  1 accurate vote  ·  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