LGBTQ rights in Indonesia

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Indonesia face legal challenges and prejudices not experienced by non-LGBTQ residents.

[5] In early 2016, LGBT people and activists in Indonesia faced fierce opposition, homophobic attacks and hate speech, even launched by Indonesian authorities.

[19][failed verification] Indonesia allows one of its provincial government to establish specific sharia-based laws, such as criminal sanctions for homosexuality.

The northernmost province of Aceh proceeded to enact a sharia-based anti-homosexuality law that punishes anyone caught having gay sex with 100 lashes.

In March 2015, Indonesian Ulema Council (Majelis Ulama Indonesia or MUI) issued a fatwa, or religious edict, called for same-sex acts to be punished by caning, and in some instances, the death penalty.

"[20] Indonesian People's Representative Council (DPR) has dismissed the suggestion that the death penalty would be introduced for same-sex acts, citing that it is quite impossible to implement that policy in Indonesia.

The DPR said that the MUI fatwa only serves as moral guidance to adherents, not as positive law, since legal power is only possessed by the state.

The petitioner sought to erase the term "underage" in article 292, in order to persecute all same-sex sexual conducts of all ages, including among consenting adults.

[41] Despite the international criticism and the human rights organisations fears, if passed, the law would criminalise consensual sex between two unmarried people, cohabitation, adultery and rape.

The explicit mention of "same sex" obscenity is feared triggering discriminatory treatment and will generate bylaws that particularly targeting LGBT people.

[49] In December 2022, it was reported that soldiers within the Indonesian military - who have engaged in "consenting gay sex between adults in private" are facing jail time (by a crackdown from the government).

As of 2019, no specific law exists to protect Indonesia citizens from discrimination or harassment based on their sexual orientation or gender identity.

The Attorney General's Office recently rescinded a public job offer declaring LGBT persons need not apply because of mental insanity after being advised by the National Commission on Human Rights.

His lawyer said the panel of judges decided that they could not continue examining the case because TT should have first appealed the dismissal to the authorities within the Central Java Police when he received the termination letter before resorting to filing a lawsuit.

Cross-dressing is not, per se, illegal and some public tolerance is given to some transgender people working in beauty salons or the entertainment industry, most notably the celebrity talk show host Dorce Gamalama.

Transgender people are allowed to change their legal gender on official documents after undergoing sex reassignment surgery and after receiving a judge's approval.

[63] Transgender people who do not hide their gender identity often find it challenging to maintain legitimate employment and thus are often forced into prostitution and other illegal activities to survive.

[70][71][72] Since June 2021, the Ministry of Home Affairs has conducted outreach efforts to issue transgender Indonesians with identification papers, including a Kartu Tanda Penduduk.

The police tortured all LGBT citizens within the premises of the parlour, shaved the heads of transgender women, stripped their shirts and bras, and paraded them in the street while forcing them to shout "to become men".

[62] The Law Against Pornography and Pornoaction (2006) prohibits "…any writing or audio-visual presentation – including songs, poetry, films, paintings, and photographs that show or suggest sexual relations between persons of the same sex.

Followed by the case of dangdut singer Saiful Jamil, who has been named a suspect in a sexual assault involving an underage male fan.

[31] National Mandate Party (PAN), despite sharing anti-LGBT right sentiments with PKS and PPP however, has asked people not to discriminate and harass the LGBT community.

A wave of anti-LGBT rhetoric began in January 2016 when Higher Education Minister Mohamad Nasir said LGBT people should be barred from university campuses.

[97] Amid the heat of the issue, the University of Indonesia refused to be held responsible for SGRC's actions and announced the group was not an officially registered student organisation.

The most active opposition has come from majority-Islamic groups, with Majelis Ulama Indonesia, the country's top Muslim clerical body, calling for the criminalisation of homosexuality.

Indonesian Catholic authorities have reiterated that Catholicism does not recognise same-sex marriage but assured that, despite their perceived transgressions, LGBT people should be protected and not harmed.

[6] The chair of the People's Consultative Assembly, Zulkifli Hasan mentioned in a statement that, "As a movement, the existence of LGBT must be opposed.

[101][102] On the other hand, amid fierce hostilities, some officials – including former Governor of Jakarta, Basuki Tjahaja Purnama and former Political, Legal, and Security Affairs Minister Luhut Binsar Panjaitan — have defended the LGBT community.

[103][104] In June 2019, the head of Indonesia's population and family planning agency Nofrijal has labelled LGBT citizens the "main enemy of national development".

[107] Results online conducted by the ILGA in October 2016 shows that 69% of Indonesians oppose same-sex marriage, 14% support, while 17% have stated a neutral view.

Indonesian LGBT activists protests in Jakarta 2018