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History

Homosexual activity in Sumatera Utara

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Homosexual activity in Sumatera Utara is legal.

Current status
Legal
Homosexuality is legal in Sumatra Utara.
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Same-sex marriage in Sumatera Utara

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Same-sex marriage in Sumatera Utara is banned.

Current status
Since Jan 2, 1974
Banned under federal Indonesia law
Article 1 of 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", effectively banning same-sex marriage in Indonesia.
Until Jan 1, 1974
Unrecognized under federal Indonesia law
Until 1974, there was no law explicitly banning same-sex marriage in Indonesia. However, there was also no legal recognition provided for same-sex couples.
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Censorship of LGBT issues in Sumatera Utara

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Censorship of LGBT issues in Sumatera Utara is imprisonment as punishment.

Current status
Since Nov 26, 2008
Imprisonment as punishment under federal Indonesia law
Since 2008, Indonesia regularly censors LGBTIQ+ content. Laws against pornography prohibit content relating to "deviant intercourse", which has been interpreted to include homosexuality, even when there is no explicit imagery involved.

Some popular LGBT websites have also been banned. Nevertheless, LGBT movies are most times free to be broadcasted in Indonesian cinemas.

Since 2016, there has been an increase in persecution of LGBTIQ+ people in Indonesia with several people arrested under vague pornography laws and repeated attempts at criminalisation.
Until Nov 25, 2008
No censorship under federal Indonesia law
Until 2008, there was no attempt at censorship of LGBTIQ+ topics in Indonesia by any government.

Right to change legal gender in Sumatera Utara

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

Current status
Since Nov 11, 1973
Legal, but requires surgery under federal Indonesia law
In 1973, Vivian Rubianti became the first person in Indonesia to have their legal gender recognised after 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.
Until Nov 10, 1973
Illegal under federal Indonesia law
Until 1973, there was no legal gender recognition provided in Indonesia.
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Gender-affirming care in Sumatera Utara

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Gender-affirming care in Sumatera Utara is restricted.

Current status
Since Aug 8, 2023
Restricted under federal Indonesia law
In August 2023, Indonesia passed Undang-Undang Kesehatan Number 17, a new health law that includes passages that restrict plastic and reconstructive surgery related to changing appearances, including sex reassignment surgery.
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Until Aug 7, 2023
Legal under federal Indonesia law
In 1973, the first sex reassignment surgery was performed in Indonesia. Since then, surgery and hormones have been offered in Indonesia but are not often advertised and social stigma inhibits this in practice.

Legal recognition of non-binary gender in Sumatera Utara

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

Current status
Not legally recognized under federal Indonesia law
Indonesia does not legally recognize non-binary identities, despite genderless identities being part of its culture and history.

LGBT discrimination in Sumatera Utara

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LGBT discrimination in Sumatera Utara is no protections.

Current status
No protections under federal Indonesia law
There are no laws or legal provisions prohibiting discrimination based on sexual orientation or gender identity.

LGBT employment discrimination in Sumatera Utara

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LGBT employment discrimination in Sumatera Utara is no protections.

Current status
No protections under federal Indonesia law
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.
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LGBT housing discrimination in Sumatera Utara

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LGBT housing discrimination in Sumatera Utara is no protections.

Current status
No protections under federal Indonesia law
There are no protections from discrimination in housing provided to LGBTIQ+ people in Indonesia.

Same-sex adoption in Sumatera Utara

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Same-sex adoption in Sumatera Utara is single only.

Current status
Single only under federal Indonesia law
According to Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, Article 16 stipulates as folllows:

(1) Adoption of children by single parents can only be carried out by Indonesian citizens after obtaining permission from the Minister.

The granting of permits as intended in paragraph (1) can be delegated to the head of a social agency in the province.

Under this technicality, a LGBT prospective parent may be able to adopt while single, no known case has been documented of minister approval.

Intersex infant surgery in Sumatera Utara

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Intersex infant surgery in Sumatera Utara is not banned.

Current status
Not banned under federal Indonesia law
Surgery on intersex infants is legal in Indonesia but not reported to be practiced.
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Serving openly in military in Sumatera Utara

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Serving openly in military in Sumatera Utara is illegal.

Current status
Illegal under federal Indonesia law
In 2021, the Supreme Court affirmed that it was legal for police forces to dismiss LGBTIQ+ staff after an officer was fired for his "sexual orientation" by the Central Java Police in 2018 and attempted to appeal. Armed forces personnel are also subject to dismissal or jail time if found guilty of same-sex conduct per TNI telegrams ST/398/2009 and ST/1648/2019, which have been applied in numerous reported military court cases.

Under the ST/398/2009 telegram letter of the Indonesian Military, it is illegal for gays and lesbians to have same-sex acts with the same gender. The Indonesian Military aggressively hunts, cracks down, imprison, and dishonorably discharges LGBTQIA+ identifying members of the Indonesian Military. Numerous people inside the Military were imprisoned if vigilantes caught Military members having private, consensual, gay sex.

The former Commander of the National Armed Forces of Indonesia, Andika Perkasa stated there are no laws banning LGBT people to serve in Indonesian Military. However, he realized that the Indonesian military doesn’t allow “indecent sexual acts” to happen in the military.

Blood donations by MSMs in Sumatera Utara

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Blood donations by MSMs in Sumatera Utara is banned (indefinite deferral).

Current status
Banned (indefinite deferral) under federal Indonesia law
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.
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Conversion therapy in Sumatera Utara

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Conversion therapy in Sumatera Utara is not banned.

Current status
Not banned under federal Indonesia law
No law or regulation prohibited or otherwise restricted so-called conversion therapy practices. According to activists, transgender individuals were at times subjected to “therapy” such as exorcism practices, religious camps, and other traumatic practices.
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Equal age of consent in Sumatera Utara

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Equal age of consent in Sumatera Utara is equal.

Current status
Since Oct 15, 2019
Equal
In 2019, the age of consent was equalised for both homosexual and heterosexual relations in North Sumatra.
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Feb 27, 1952–Oct 14, 2019
Unequal
The age of consent for males and females engaged in heterosexual activity is 19 and 16 in a marriage. For homosexual activity, the age of consent is 18 as per the Indonesian Penal Code of 1952. This also applied in North Sumatra.
Until Feb 26, 1952
Equal under federal Indonesia law
Homosexuality was never criminalised in Indonesia and before the 1952 Penal Code, there was no difference in the age of consent from heterosexuality.