Indonesia’s legislation banning sex outside marriage represents a major new threat to the LGBTQ community’s rights in the conservative country, where same-sex unions are not recognized.
“It’s another nail in the coffin at the moment. A big nail,” said Dede Oetomo, an LGBTQ activist at rights group GAYa NUSANTARA.
Once enacted, the legislation approved on Tuesday in the Indonesian parliament would punish sex outside marriage with one year in prison, while unmarried people living together could face six months in jail.
Photo: EPA
The reforms make it riskier for gay couples to openly live together in a country where they already face widespread discrimination and anti-LGBTQ regulations, activists said.
“Before the new criminal code, it was already bad. People can be searched even in their private residences. Although it was not systematic, but it can happen,” Oetomo said.
Indonesia is the world’s most populous Muslim country, and its constitution recognizes six religions.
Homosexuality is not illegal in the Southeast Asian nation — except in the police, military and in Islamic law-abiding Aceh Province — but rights groups said the legislative changes pose an inherent risk to LGBTQ people.
“Many LGBTQ couples have been living together under the radar, as same-sex marriage isn’t allowed here,” said Robby Nasution, a 30-year-old freelancer who lives with his partner in Bali.
“With the new law, this means that another right has been taken away from the community,” he added.
Musician and activist Kai Mata said LGBTQ communities were “bracing ourselves for impact and backlash” from the legislation, which stood “against our rights to exist.”
The amendments would need to be approved by Indonesian President Joko Widodo before coming into force.
Albert Aries of the Indonesian Ministry of Law and Human Rights defended the amendments before the vote and said they would protect the country’s marriage institutions.
Sex outside marriage could only be reported by a spouse, parents or children, drastically limiting the scope of the amendment, he said.
However, senior Indonesia researcher at Human Rights Watch Andreas Harsono said LGBTQ people were “living in fear” in a society that was becoming “more and more conservative.”
“If they are reported by a member of their family, their life can be ruined,” he said.
There are already dozens of national and local regulations that affect LGBTQ people, and some have been arrested on charges of lewd conduct under anti-pornography laws.
Last month, two Indonesian soldiers were given a seven-month jail term for having homosexual sex, which the military deems “inappropriate behavior.”
At least 15 members of the police and military have been fired in recent years for having homosexual sex, Amnesty International said in 2020.
Last year in Aceh Province, two men were sentenced to almost 80 lashings each for having sex.
Meanwhile, Indonesia is seeking to allay foreigners’ concerns over its adultery laws.
Police would only take action if there is an official complaint made by direct family members such as parents, children or spouses, Indonesian Minister of Law and Human Rights Yasonna Laoly said.
“If people from Australia want to go on a holiday in Bali, and they want to stay in the same room whatsoever, that is their personal matter,” he said.
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