Laws

INDONESIA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Censorship, Free Speech
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  Health, Medical
HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
  Military
Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

The 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].

R1.1 UNHCR: Penal Code of Indonesia 19 MAY 99
Censorship, Freedom of Association, Freedom of Expression, Free Speech, Right of Assembly Legislation/Cases/References
1.

National

On 19 January 2017, the Indonesian Police reportedly forced the shutdown of Porseni - an annual sports and cultural event for Waria (transgender) and bissu (a gender neutral identity) people in South Sulawesi following a protest from the Islam Congregation Forum claiming the event was not in line with its religious views [R1.4].

On 15 September 2016, it was reported that Aidil Chendramata, director of information security for the Ministry of Communications, said that a meeting of representatives from the Ministry of Human Development, the National Police, and the Ministry of Religious Affairs had agreed to block websites promoting LGBT [R1.3].

On 12 February 2016, it was reported that government has censored gay-themed emojis featuring same-gender couples, rainbow flags, and other gay-themed icons from the LINE messaging app and is sending a message to other social media platforms operating in the country [R1.2].

On 01 February 2012, the ILGHRC website was reportedly banned by Telkomsel and IM2, mobile phone operators, in Indonesia. According to a spokesperson for the internet service provider IM2, the order came from the Minister of Communication and Information who … banned [the website] due to it's content which, they determined contains pornography" [R1.1].

R1.4 GayStarNews: Indonesian police ban LGBTI event after complaints 24 JAN 17
R1.3 Buzzfeed: Hundreds Of Millions Of People May Soon Be Blocked From Using Grindr 16 SEP 16
R1.2 TheAdvocate: Indonesia Bans Gay Emojis 12 FEB 16
R1.1 IGLHRC: IGLHRC Website Banned 07 FEB 12
DiscriminationLegislation/Cases/References
1.

Provinces, Regions

On 21 March 2016, it was reported that Bireuën Regency sharia agency in Aceh had issued a letter to the owners of beauty parlors, asking them not to employ LGBT people or face revocation of their business permits [R1.1].

R1.1 JakartaPost: Aceh regency restricts LGBT employment 21 MAR 16

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Gender Identity, Intersex,
Transgender, Transexual

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Legislation/Cases/References
See also: [DISCRIMINATION]
1.

Provinces, Regions

On 21 March 2016, the Bireuën Regency in Aceh reportedly had banned the employment of openly transgender people at beauty parlors, expressing concern about the influence of the lesbian, gay, bisexual and transgender (LGBT) community on the youth [R1.1]

R1.1 JakartaPost: Aceh regency restricts LGBT employment 21 MAR 16
Health, Medical Legislation/Cases/References
1.

National

On 12 February 2016, it was reported that the Indonesian Psychiatrists Association (IPA) classified homosexuality and gender dysphoria as mental disorders, saying they can be cured be ''proper treatment'' [R1.1].

R1.1 GayNZ: Indonesia psychiatrists classify gay as mental disorder 26 FEB 16
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" [R1.2].

Article 45 refers to a "minor" as being a person under 16 years [R1.3].


On 04 March 2015, the Majlis Ulema Indonesia (MUI), the central body of Islamic clerics, issued a fatwa (religious edict) that calls for whipping and even the death penalty for men or women engaged in same-sex relations. The MUI fatwas put some people at greater risk because of their visible gender expression (such as butch lesbians, women who appear masculine, transgender men or women and effeminate men) [R1.2].

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 [R1.1].

2.

Provinces, Regions

On 23 October 2015, the new Sharia law passed in 2014 making anal sex between men and 'the rubbing of body parts between women for stimulation' unlawful and punishable with up to 100 lashes of the cane came into effect in Aceh Province. Consensual sex between adult same-sex couples is not unlawful elsewhere in Indonesia [R2.6].

On 27 September 2014, the Aceh provincial parliament approved a law that regulates affairs such as extramarital and homosexual sex, rape, sexual harassment, alcohol, gambling and mixing between unmarried men and women. People caught having pre-marital, extra-marital or homosexual sex face up to 100 lashes of the cane, or a fine of one kilogram of gold, or 100 months in prison [R2.5].

In January 2013, Aceh introduced new Islamic Sharia laws that propose flogging gay people [R2.4].

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 [R2.3].

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 [R2.1].

3.

Cities & Towns

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

4.

Courts & Tribunals

On 02 August 2016, the Constitutional Court heard an application by the Islamic activist group the Family Love Alliance that seeks to alter the criminal code to ban homosexual sex. The next court hearing is scheduled for 23 August [R4.1].

R1.3 UNHCR: Penal Code of Indonesia 19 MAY 99
R1.2 IGLHRC: Indonesia: Fatwa Prescribes Death Penalty for Same-sex Relations 25 MAR 15
R1.1 MCV: Indonesia Push to Criminalise Gay Sex 17 OCT 03
R2.6 GayStarNews: From today, gays caught having sex in Indonesia's Aceh province will be punished by 100 lashes
R2.5 SBS: 100 lashes for extramarital and gay sex in Aceh 27 SEP 14
R2.4 GayStarNews: Newspapers blast 'Dark Ages' laws in Indonesian province of Aceh 09 JAN 13
R2.3. 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
R2.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
R4.1 TheJakartaPost: Gay sex may be outlawed 03 AUG 16
Marriage Legislation/Cases/References
1.

Provinces, Regions

On 12 October 2015, male same-sex couple Ratu Airin Karla and Dumani were reported to have openly celebrated their “marriage” at a ceremony in the village of Cluntang, province of Boyolali (Central Java), held according to local rules, with both spouses dressed in traditional Javanese wedding costume, a large number of guests and a banquet. The union was not recognized by the government, because it lacks the necessary blessing of religious authority and was not between a man and a women [R1.2].

In September 2014, another union between people of the same sex (a man of Bali and an American tourist) was celebrated in Ubud [R1.2].

In August 2011, authorities in Aceh released married lesbian couple Nuraini, 21, and her 'husband' Rinto, 25, from detention after the lovers agreed not to see each other again. The couple were married by an unofficial cleric provided by the district [R1.1].

R1.2 AsiaNews: Central Java, surprise gay marriage not legal 12 OCT 15
R1.1 Jakarta Globe: Lesbian Lovers Released in Aceh, Separated 25 AUG 11
Military Legislation/Cases/References
1.

National

Indonesia prohibits LGBT people from serving in the military.

On 27 October 2016, it was reported that Navy chief of staff Admiral Ade Supandi said the Indonesian Navy ensures that none of its personnel are homosexual by implementing a strict and thorough recruitment process that includes mental and psychological testing [R1.1].

2.

Courts & Tribunals

On 18 November 2013, the High Military Court II in Jakarta reportedly upheld a lower court's decision dismissing Second Sergeant S.N.F. from his squad and punishing him with a five-month prison sentence for his alleged homosexuality [R2.1].

R1.1 TheJakartaPost: Navy sets strict recruitment process to exclude homosexuals 27 OCT 16
R2.1 Jakarta Globe: Soldier’s Dismissal Linked to Sexual Orientation 18 NOV 13

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