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Fact Sheet Indonesia Draft 3.P65 Fact Sheet: Escalating violence based on sexual orientation, gender identity, and gender expression (SOGIE) in Indonesia ASEAN SOGIE CAUCUS Fact Sheet: Escalating violence based on sexual orientation, gender identity, and gender expression (SOGIE) in Indonesia Fact Sheet: Escalating violence based on sexual orientation, gender identity, and gender expression (SOGIE) in Indonesia 1 INTRODUCTION THIS FACT sheet provides an overview of Available research from the past five years the situation faced by LGBT persons in paints an increasingly grim picture:5 Indonesia amidst increasing violence and • At least 5 five transgender women were hate perpetrated both by government and murdered in North Sulawesi, West non-state actors. This is written for civil Java and Jakarta. society organizations and other interested groups who need reliable and summarized • Around 83% of LGBT Indonesians information to guide them in developing their have experience various forms of advocacy plans. physical, sexual, economic, and psychological violence. Those who The increasing violence against LGBT reported their cases found their cases people in Indonesia in recent years is abandoned by police. unprecedented and “has left many in the • Around 27% of transgender women in country’s LGBT community fearing for their Jakarta experienced police raids where safety.”1 A prominent journalist commented arbitrary arrests took place. that “the few voices defending the rights of LGBTs are being drowned out, or rather • Around 31% of LGBT people live below bullied, by the growing chorus that has the poverty line, earning less than turned the LGBT community into Indonesia’s IDR1,000,000.00 per month. public enemy No. 1.”2 • LGBT human rights defenders are subjected violence and intimidation, A survey released in 2018 identified LGBT ranging from death threats to attacks persons and communists as the most disliked on homes and offices, with police groups in Indonesia.3 The survey noted also blatantly ignoring requests for that the public sometimes perceives LGBT protection. groups as linked to communism. 87.6% of Indonesians feel threatened by the existence • Several reports of forced evictions of of LGBT people.4 Society tends to have LGBT people across Indonesia have negative feelings if a neighbor or family been reported. 1 member are LGBT. Despite negative views, Indonesians generally feel that LGBT people has the right to live in Indonesia. Fact Sheet: Escalating violence based on sexual orientation, gender identity, and gender expression (SOGIE) in Indonesia 2 DISCRIMINATORY POLICIES THE WAVE of violence in Indonesia is fueled are meant to protect someone’s rights from by an increasing chorus of public policies and being limited.”8 But despite the court’s legislations accompanied by homophobic and decision, the Indonesian House of transphobic remarks of public officials. Representatives is pursuing the amendments to the Criminal Code that seeks to expand the definition of adultery and criminalize 2.1. NATIONAL LAWS consensual same-sex relations and consensual sex between unmarried persons. As of this writing, there are no national laws specifically criminalizing LGBT persons. But Although the Constitutional Court rejected the for many years, existing laws and regulations judicial review of the Indonesian Criminal have been interpreted with the expressed Code Articles 284 (1 and 5), 285, and 292 purpose of persecuting and excluding LGBT to criminalize LGBTI people, some anti- Indonesians. Specifically, these are: LGBTI groups openly endorse another attempt to criminalize LGBT people through • The Penal Code of 1982, which among a revision on Criminal Code which will be other things penalizes persons “with legislated soon. Politicians and government deliberate intent publicly offends entities have been using anti-LGBT sentiment against decency” (§ 281), and prohibits to gain popular support. sexual relations outside marriage (§ 419-422) and “vagrancy” (§ 505)6 In recent years, some government agencies • The Anti-Pornography Law of 2008, have issued public pronouncements which defines pornography as material reflecting a deeply hostile position towards which “contravenes community LGBT people. These include the following: morality” (§ 1) and penalizes various • Police forces in West Java publicized forms of “deviant sexual intercourse” plans to create an “Anti-LGBT (§ 4.1)7 Taskforce”.9 A “Special Task Force on Elimination of LGBT” was established The Constitutional Court in Indonesia by the West Java provincial police on deliberated a petition to amend Indonesia’s 24 March 2017, with citizens called to Criminal Code concerning adultery. The take part. The West Java police chief proposed amendment, filed by Islamic Anton Charlyan later delivered a public 2 conservative groups, sought to make it ultimatum to LGBT people because his explicit that consensual same-sex acts are team had identified their locations.10 prohibited. It intends to criminalize • The Ministry of Information and homosexuality, which was seen as a threat Communication removed LGBT- to Indonesia’s youth and morality. The related emoticons on social media Constitutional Court in December 2017 applications and banning of dating rejected the petition, with one justice applications such as Grindr and explaining that “petitions filed [to the court] Wapa.11 Fact Sheet: Escalating violence based on sexual orientation, gender identity, and gender expression (SOGIE) in Indonesia • The Indonesian Broadcasting • The Ministry of Health drafted a Commission banned LGBT-related guidelines classifying LGBT persons as media to “protect children and having a mental health problem in teenagers” unless such broadcasts consonance with society’s culture, aimed at “fixing the abnormality [i.e. religion and norms.20 The Ministry’s LGBT]”.12 guidelines will bolster the legislature’s 21 • The Indonesian Commission for the move to criminalize LGBT persons. Protection of Children announced a The said policy seeks to prescribe prohibition on “LGBT propaganda “rehabilitation” to change LGBT 22 targeting children”, making outreach persons. programs to LGBT youth extremely difficult.13 2.3. LOCAL LAWS • Regulation No. 8 of 2012 of the Ministry Local regulations have been used to of Social Affairs categorizes LGBT persecute LGBT people through the frivolous people as persons having a “social uses and interpretations of ambiguous functioning disorder”.14 provisions. Of the country’s 34 provinces, 11 • Bela Negara, a military training provinces have areas with documented program, includes training for regulations explicitly directly or indirectly defending against “homosexuality”, criminalizing LGBT people.23 which the program categorizes as a “proxy war”.15 These local ordinances seek to punish “immoral conduct” (mesum); acts “leading to • Banda Aceh Deputy Mayor Illiza adulterous sexual intercourse” (zina) such as Sa’aduddin planned the creation of physical proximity between unmarried “special team” to address the “threat persons (khalwat) and prescriptions on of LGBT” in the province.16 Muslim dress; and anything in conflict with • The Indonesian Ulama Council issued decency, public order, or “customs” (adat). a fatwa (Islamic ruling) proposing Others explicitly mention acts such as anal punishments for homosexuality, sex (liwath) and lesbian sex (musahaqah). including caning and the death Ordinances on prostitution and related “sinful” 17 penalty. acts (maksiat) are also regularly interpreted • The Association for Clinical to include “homosexuality” and Psychologists of the Association of “transgenderism”, and adult consensual Psychologists Indonesia (IPK-HIMPSI) same-sex relations have been criminalised issued a statement calling on the using these provisions. (See Table 1.) “healing” of LGBT people.18 Although the Indonesian government can 3 • The Indonesian Psychiatrists revoke these laws if they contravene the Association (PDSKJI) classified being Constitution or international obligations, LGBT as a mental disorder, noting that they have never done so and have allowed “if left untreated, such sexual the violence and discrimination encouraged tendencies could become a commonly by these ordinances to continue with 19 accepted condition in society”. impunity.24 Fact Sheet: Escalating violence based on sexual orientation, gender identity, and gender expression (SOGIE) in Indonesia TABLE 1 List of Indonesian provinces with ordinances affecting LGBT people, based on various reports25 Province Local jurisdictions and regulation number Jakarta Capital Region (Regulation No. 8/2007) Aceh Special Region (Qanun No. 11/2002, No. 14/2013, and No. 6/2014) Yogyakarta Special Region Bantul Regency (Regulation No. 5/2007) West Java Indramayu Regency (Regulation No. 4/2001) Tangerang City (Regulation No. 8/2005) Banjar Regency (Regulation No. 10/2007) Riau Islands Batam Municipality (Regulation No. 6/2002) East Kalimantan Berau Regency (Regulation No. 2/2007) Tarakan City (Regulation No. 21/2000) North Paser Regency (Regulations No. 9/2004, and No. 10/2010) Lampung Bandar Lampung City (Regulation No. 15/2002) Way Kanan Regency (Regulation No. 7/2001) West Tulang Barat Regency (No. 11/2012) South Lampung Regency (Regulation No. 4/2004) North Lampung Regency (Regulation No. 7/2006) North Sumatra Mandailing Natal Regency (Regulations No. 6/2003, No. 7/2003, and No. 32/2007) Labuhan Batu Regency (Regulation No. 32 /2008) Serdang Bedagai Regency (Regulation No. 25/2007) South Sumatra South Sumatra Province (Regulation No. 13/2002) Lahat
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