{
    "success": true,
    "data": {
        "id": 1864505,
        "msgid": "legal-rules-on-lgbt-in-indonesia-can-it-be-criminalised-1784253209",
        "date": "2026-07-17 08:02:47",
        "title": "Legal Rules on LGBT in Indonesia: Can It Be Criminalised?",
        "author": "",
        "source": "ANTARA_ID",
        "tags": "",
        "topic": "Legal",
        "summary": "Indonesia's new Criminal Code, effective 2026, does not criminalise LGBT orientation itself, focusing instead on specific acts like adultery and cohabitation. Legal experts clarify that prosecution requires a criminal act as defined by law, upholding the principle of legality. The province of Aceh remains an exception, where its special autonomy allows for the punishment of same-sex relations under local Sharia-inspired bylaws.",
        "content": "<p>The legal rules regarding LGBT in Indonesia have once again drawn\npublic attention amidst ongoing debates on the issue. Under the\nprevailing laws and regulations, a person\u2019s sexual orientation is\nfundamentally not a criminal act. However, certain acts related to\nsexual activity can be subject to criminal sanctions if they meet the\nelements of a criminal offence as stipulated in the Criminal Code (KUHP)\nor other laws and regulations. The recently enacted Law Number 1 of 2023\nconcerning the Criminal Code, which will come into effect on 2 January\n2026, does not contain provisions that criminalise a person solely for\nhaving a lesbian, gay, bisexual, or transgender (LGBT) orientation.\nThus, a person\u2019s identity or sexual orientation is not a criminal\noffence under Indonesian criminal law. Nevertheless, the Criminal Code\nstill regulates sanctions for certain acts if they fulfil the elements\nof a criminal offence as stipulated in the relevant articles. This means\nthat the object of criminalisation is the act, not the person\u2019s sexual\norientation. This principle is in line with Article 1 paragraph (1) of\nLaw Number 1 of 2023 concerning the Criminal Code, which affirms that no\nact can be punished except based on the criminal provisions in laws and\nregulations that existed before the act was committed, known as the\nlegality principle. The Criminal Code does regulate several decency\noffences that apply to everyone regardless of sexual orientation. For\ninstance, Article 411 regulates the crime of adultery with a maximum\npenalty of one year\u2019s imprisonment or a category II fine. However, this\nprovision is an absolute complaint offence, meaning legal proceedings\ncan only be initiated upon a complaint from the husband or wife for\nthose who are married, or from the parents or children for those who are\nunmarried. Furthermore, Article 412 regulates cohabitation, or living\ntogether as husband and wife outside of marriage. This provision is also\na complaint offence, carrying a maximum penalty of six months\u2019\nimprisonment or a category II fine. This article is not specifically\ntargeted at the LGBT community but applies according to the criminal\nelements defined in the law. An exception exists in the Province of\nAceh, which holds special autonomy. Through Qanun Aceh Number 6 of 2014\nconcerning Jinayat Law, same-sex sexual relations are regulated as a\nspecific offence subject to punishment under Aceh\u2019s jurisdiction. This\nprovision does not apply nationally but is limited to the Aceh region\ndue to its special status. Therefore, under the national criminal law\napplicable in Indonesia, a person cannot be punished solely for being\nLGBT. Criminalisation can only occur if a person commits an act that\nfulfils the elements of a criminal offence as regulated in Law Number 1\nof 2023 concerning the Criminal Code, Law Number 12 of 2022 concerning\nSexual Violence Crimes, or other applicable laws and regulations.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/legal-rules-on-lgbt-in-indonesia-can-it-be-criminalised-1784253209",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}