Bandung City Council Special Committee Ensures Discussion of Sexual Behaviour Bylaw Remains Within Bounds

The Special Committee (Pansus) 14 of the Bandung City Council (DPRD) has ensured that discussions on the Draft Regional Regulation (Raperda) regarding the prevention and control of risky sexual behaviour and sexual deviations will remain within the appropriate bounds. One member of Pansus 14 DPRD Kota Bandung, Yoel Yosaphat, stated that they do not wish to violate human rights principles. Therefore, it must not lead to discrimination against certain groups. “What we mean by within bounds is to remain focused on health protection and not lead to discrimination against certain groups,” said Yoel Yosaphat. He admitted that during the process, dynamics and differing views have emerged within the committee. However, from the start of the discussions, the focus has been on strengthening health aspects, preventing sexually transmitted diseases, and addressing the recent surge in sexual violence. “Initially, we wanted to strengthen health protection and reduce the incidence of sexually transmitted diseases. In the process, there were proposals to expand the regulation. This is what caused the pros and cons,” he said. In addition to not wanting to violate human rights principles, they will also prevent the regulation from potentially being legally challenged. Therefore, according to him, the resulting bylaw must have a strong juridical foundation and be non-discriminatory. “We do not want to persecute anyone. What is regulated is the health aspect and risky behaviour. Do not let this bylaw become problematic and challenged in the Constitutional Court,” he emphasised. He also acknowledged that to date, there is no specific central-level regulation addressing sexual orientation. Therefore, the most rational approach is through public health management aspects. Even in Jakarta and Bali, which he considers to have more liberal lifestyles, they do not address issues of deviant sexual orientation. “In Jakarta and Bali, the focus remains on sexual health management,” he explained. Therefore, he said, if Bandung wants to discuss deviant sexual orientation, it must be more cautious because this is the first in Indonesia. As a city with a religious character as well as a metropolitan city, Bandung is deemed to need wisdom in drafting regulations. “We agree to prevent risky behaviour, but not to hate the person. The principle must remain humane,” he said. He mentioned that the article-by-article discussion is still ongoing. The committee targets completion of the drafting at the latest next month, with the hope that the resulting bylaw can serve as clear, implementable legal umbrella without causing discrimination. “Although there are dynamics, the discussions continue. And we hope it will be completed soon. Because the important thing is that this bylaw can be implemented well.”