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INDONESIA

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Age of Consent Legislation/Cases/References
1.

National

According to the Indonesian Penal code under age means any body that has not reached 16 years [R1.1].

The age of consent for sexual activity: For male 19 years, for female 16 years [R1.1]

R1.1 Interpol: Indonesia - Offences against children
(Accessed 17 MAY 09)
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

National

Same-sex relations are not prohibited however, the national Penal Code. Article 292 provides -

"Any person who commits an obscene act with a minor of the same sex whose minority he knows or reasonably should presume , shall be punished by a maximum imprisonment of five years" [R1.1].

Article 45 refers to a "minor" as being a person under 16 years [R1.1].


In October 2003, the justice ministry in Jakarta was seeking to make gay sex in Indonesia illegal as part of a wider reform of the criminal code to appease Islamic hardliners [R1.2].

2.

Provinces

In August 2010, it was reported that the Governor in Aceh refused to sign the bylaw that would punish homosexuals with 100 cane lashes and officials in Jakarta have asked for it to be withdrawn [R2.1].

Previously:

In September 2009, the legislative council of the province of Aceh passed a law mandating that individuals found guilty of homosexual conduct receive lashings and fines, or prison time [R2.2].


In 2002, the national parliament gave the Aceh province the right to adopt Islamic Sharia laws [R2.3].

3.

Cities & Towns

The city of Palembang in South Sumatra has introduced jail time and hefty fines for same-sex relations [R2.2].

R1.1 UNHCR: Penal Code of Indonesia 19 MAY 99
R1.2 MCV: Indonesia Push to Criminalise Gay Sex 17 OCT 03
R21. fridæ: Acehnese gays face a climate of fear and abuse 20 AUG 10
R2.2 The Advocate: Indonesia: Prison Time for Gays 18 SEP 09
R2.3 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08

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