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Country Overview

Indonesia

At a glance

Same-sex Relations for Men Legal Throughout the Country?

Yes

Same-sex Relations for Women Legal Throughout the Country?

Yes

Legal Gender Recognition Possible?

Yes

LGBTI Orgs Able to Register?

Yes

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Many Indonesians believe that being LGBTIQ or accepting LGBTIQ individuals is against religious norms and societal values. Negative media coverage, stereotypes, homophobic rhetoric, and calls for the criminalization of same-sex relations by religious leaders have exacerbated negative public opinion. Acceptance is slightly higher for transgender individuals, mainly because of the historical social role of the waria people, a third-gender community in Indonesia. Same-sex relations between consensual adults are not criminalized at the national level in Indonesia. However, several provinces, such as Aceh, which operate under Sharia law, criminalize consensual same-sex activity with punishments that include public floggings, imprisonment, hefty fines, and conversion practices. The 2016 National Pornography Act, which is vaguely worded and is open to interpretation, has also been used to target LGBTIQ people. In 2018, a conservative organization submitted a proposal to redefine the current definition of adultery in the penal code to include consensual homosexual relations, but this petition was turned down by the Constitutional Court. The ‘Family Resilience’ bill, introduced in February 2020, defines homosexuality as deviance, requiring LGBTQ people and their families to submit themselves to the authorities for rehabilitation. Since the bill’s proposal, activists have reported an escalation in violence against LGBTIQ people. On December 6, 2022, Indonesia’s parliament passed a new criminal code making consensual sex outside of marriage punishable by up to a year of imprisonment and unmarried couples prohibited from living together. The law disproportionately targets same-sex couples, religious minorities, and women, and also undermines freedom of speech and association.

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Outright supports LGBTIQ organizations in Sub-Saharan Africa and works with mainstream human rights organizations to respect human rights and influence positive changes in laws, policies, attitudes and beliefs that cause discrimination against LGBTIQ people.

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