Lesbian, gay, bisexual, and transgender (LGBT) people in Indonesia will face legal challenges and prejudices not experienced by non-LGBT residents. Traditional mores disapprove of homosexuality and cross-dressing, which impacts public policy. For example, Indonesian same-sex couples and households headed by same-sex couples are not eligible for any of the legal protections available to opposite-sex married couples. The importance in Indonesia for social harmony leads to duties rather than rights to be emphasized, which means that human rights along with homosexual rights are very fragile. Yet, the LGBT community in Indonesia has steadily become more visible and politically active.
Legal status
The national criminal code does not prohibit private, non-commercial homosexual relations between consenting adults. A national bill to criminalize homosexuality, along with cohabitation, adultery and the practice of witchcraft, failed to be enacted in 2003 and no subsequent bill has been reintroduced.
In 2002, the Indonesian Government gave Aceh province the right to introduce Islamic sharia, albeit only to Muslim residents. For example, the city of Palembang introduced jail and fines, for homosexual sex. Under the law homosexuality is defined as an act of ‘prostitution that violates the norms of common decency, religion, and legal norms as they apply to societal rule'. The following acts are defined as acts of prostitution homosexual sex, lesbians, sodomy, sexual harassment, and other pornographic acts. Fifty two regions have since enacted sharia law from the Koran which criminalizes homosexuality.
In Jakarta lesbians, gays, bisexuals, transgendered, and transsexual are legally labeled as "cacat" or mentally handicapped and are therefore not protected under the law. While Indonesia has allowed private and consensual sexual relations between persons of the same sex since 1993, it has a higher age of consent for same sex relations than for heterosexual relations (17 for heterosexuals and 18 for homosexual).
The National Constitution does not explicitly address sexual orientation or gender identity. It does guarantee all citizens various legal rights, including equality before the law, equal opportunity, humane treatment in the workplace, religious freedom, freedom of opinion, peaceful assembly, and association. Such legal rights are all expressly limited by the laws designed to protect public order and religious morality.
Gender identity/expression
The national criminal code does not expressly prohibit cross-dressing, but it does not provide for sex change operations or allowing transgender persons to gain new legal documents after they have made the transition. As with the case of homosexuality, some local governments have enacted legal prohibitions on cross-dressing.
Recognition of same-sex relationships
The law does not recognize gay marriage, civil unions or domestic partnership benefits.
Adoption and family planning
As of 2009, there are no laws protecting the adoption of children by same-sex couples.
Civil rights protections
As of 2007, no law exists to protect Indonesia citizens from discrimination or harassment on the basis of their sexual orientation or gender identity.
LGBT in the media
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." Those in violation of the law could be fined or sentenced to prison for up to seven years. However, the media is now giving homosexuality more media coverage in Indonesia.
Political party opinions
Most political parties and politicians remain silent in the cause of LGBT rights but some politicians from the PDI-P (Party for the Indonesian Democracy Struggle) and the moderately conservative PKB (National Awakening Party) support LGBT rights.
LGBT rights movement in Indonesia
In 1982 the first gay rights interest group was established in Indonesia. The "Lambda Indonesia" and other similar organizations arose in the late 1980s and 1990s. Today, some of the major LGBT associations in the nation include "Gaya Nusantara" and "Arus Pelangi".
The gay and lesbian movement in Indonesia is one of the oldest and largest in Southeast Asia. Lambda Indonesia activities included organizing social gatherings, consciousness-raising and created a newsletter, but the group dissolved in the 1990s. Gaya Nusantara is a gay rights group which focuses on homosexual issues such as AIDS. Another group is the Yayasan Srikandi Sejati, which was founded in 1998. Their main focus is health issues pertaining to transgendered people and their work includes providing HIV/AIDS counseling and free condoms to transgender sex workers at a free health clinic. There are now over thirty LGBT groups in Indonesia.
Yogyakarta, Indonesia, hosted a 2006 summit on LGBT rights that produced the Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity. However, a summit in March 2010 in Surabaya was met with condemnation from the Indonesian Ulema Council and was disrupted by conservative protesters.
Living conditions
Indonesia contains the most Muslim people in the world with 89% of its citizens identifying themselves as Muslim. The family policy of the Indonesian authorities, the social pressure to marry and religion means that homosexuality is generally not supported. Both traditionalists and modernist Muslims generally oppose homosexuality. Many Islamic fundamentalist groups such as the FPI (the Front of Supporters of Islam) and the FBR (Betawi Council Forum) are openly hostile towards LGBT people by attacking the home or work of those they believe are a threat to the values of Islam.
Explicit discrimination and violent homophobia is carried out mainly by religious extremists, while subtle discrimination and marginalization occurs in daily life among friends, family, at work or school. LGBT people often suffer abuse by the hands of the police but it is hard to document due to victims refusing to give statements due to their sexuality. LGBT people are often arrested or charged due to their sexual orientation. Also gays in jails are sexually abused due to their sexual orientation, and often do not report it due to being traumatized and fear of being sent back to prison to suffer further abuse.
Indonesia does have a reputation as being a relatively moderate and tolerant Muslim nation, which does have some application to LGBT people. There are some LGBT people in the media and the national government has allowed a discrete LGBT community to exist, even organize public events. However, the conservative Islamic social mores tend to dominate within the broader society. Homosexuality and cross-dressing remain taboo and periodically LGBT people become the targets of local religious laws or fanatical vigilante groups.
HIV/AIDS
Legal guidelines regarding HIV/AIDS do not exist, although AIDS is a major problem in most countries in the region. Those infected with HIV traveling to Indonesia can be refused entry or threatened with quarantine. Due to the lack of sex education in Indonesian schools, there is little knowledge of the disease among the general population. Some organizations, however, do offer sex education – though they face open hostility from school authorities. In the beginning of the gay rights movement in Indonesia, LGBT organizations focused exclusively on health issues which led to the public believing that AIDS was a ‘gay disease’ and led to LGBT people being stigmatized.
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