Yusril Affirms Sexual Orientation Cannot Be Criminalised

Coordinating Minister for Law, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra has explained that Presidential Regulation (Perpres) 111/2025 on National Defence was drafted as a follow-up to Law Number 3 of 2002 on National Defence. Under the policy, threats to the state are divided into three categories: military, non-military, and hybrid threats. It does not specifically regulate LGBTQ matters, let alone classify sexual orientation as a threat. “This Presidential Regulation does not specifically discuss LGBTQ. LGBTQ is only one of the elements mentioned that could become a non-military threat to the existence of our nation and state,” Yusril said in a statement received by Media Indonesia on Thursday (9/7). He emphasised that non-military threats have a very broad scope. Beyond social and cultural issues, the category also includes natural disasters, disease outbreaks, global warming, the spread of atheism, and various ideologies deemed contrary to Pancasila. On that basis, Yusril asked the public to understand the regulation comprehensively. According to him, the concept of national defence is not solely related to armed attacks, but also concerns ideological, cultural, social resilience, and the mindset of society. “Military threats are threats in the form of physical attacks using military force, both from abroad and domestically. Meanwhile, non-military threats are much broader, including those related to ideology, culture, lifestyle, and efforts to influence the public’s mindset,” he said. Yusril also stressed that the government does not question the existence of individuals who identify as LGBTQ. The existence of individuals with certain orientations or identities, he said, is a social reality that has long been recognised in various traditions and legal systems. “What is questioned is not the individual. Individuals are never a threat to national defence. What is considered a threat is the dissemination of ideas, ideologies, philosophies, or cultures which, if practised widely, could potentially affect national resilience,” he stated. Within that framework, the government considers it necessary to anticipate the spread of propaganda through official media, social media, the internet, and various other communication channels. This step, according to Yusril, is intended to safeguard the nation’s cultural values, Pancasila, and Indonesia’s character as a religious and pluralistic nation. Nevertheless, Yusril reminded that Perpres 111/2025 must not be used as a justification for persecution, threats, violence, or discrimination against LGBTQ individuals. “This Presidential Regulation must not be interpreted as a basis for carrying out persecution. Their rights as citizens must still be respected,” he asserted. He also confirmed that the government has no agenda to draft specific legislation on LGBTQ. To date, he said, there has been no discussion at the government or DPR level regarding such a regulation. Yusril also emphasised that the new Criminal Code does not regulate criminal sanctions based on a person’s sexual orientation. What is regulated are acts that fulfil the elements of a criminal offence, such as sexual violence, pornography, or indecent acts. “What is criminalised is the act, not a person’s sexual orientation. A person’s sexual orientation cannot be criminalised,” he said.