JAKARTA: Indonesian legislation prohibiting sex outside marriage represents a major new threat to Rights of the LGBTQ community in the conservative country, where same-sex unions are not recognized.
“It’s another nail in the coffin right now. A big nail,” said Dede Oetomo, activist for the LGBTQ rights GAYa NUSANTARA group, told AFP.
Once enacted, legislation approved in parliament on Tuesday would punish sex outside marriage with one year in prison, while unmarried people living together could face six months in prison.
The reforms make it riskier for same-sex couples to live together openly in a country where they already face widespread discrimination and anti-LGBTQ regulationsaccording to activists.
“Before the new penal code, it was already bad. People can be searched even in their private residences. Even if it was not systematic, but it can happen,” Oetomo said.
Indonesia is the most populous Muslim country in the world and its constitution recognizes six religions.
Homosexuality is not illegal in the Southeast Asian country except in the police, military and in the Islamic-law-abiding province of Aceh, but rights groups say legislative changes present an inherent risk to LGBTQ people.
“Many LGBTQ couples live together under the radar because same-sex marriage is not allowed here,” said Robby Nasution, a 30-year-old freelancer who lives with his partner in Bali.
“With the new law, that means another right has been taken away from the community.”
Kai Mata, a musician and activist, said LGBTQ communities were “preparing for the impact and backlash” of the legislation, which opposed “our right to exist”.
The amendments still need to be approved by President Joko Widodo before coming into force.
Albert Aries of Indonesia’s Ministry of Law and Human Rights defended the amendments ahead of the vote and said they would protect the country’s marriage institutions.
Sex outside marriage can only be reported by a spouse, parents or children, which severely limits the scope of the amendment, he said.
But Andreas Harsono of Human Rights Watch said LGBTQ people were “living in fear” in a society that was becoming “increasingly conservative”.
“If they are reported by a member of their family, their life can be ruined,” he told AFP.
There are already dozens of state and local regulations that affect LGBTQ people, and some have been arrested for lewd conduct under anti-pornography laws.
Last month, two Indonesian soldiers were sentenced to seven months in prison for gay sexwhich the army considers “inappropriate behavior”.
At least 15 members of the police and military have been fired in recent years for having same-sex relationships, according to Amnesty International in 2020.
Last year, in Aceh province, two men were sentenced to almost 80 lashes each for having sex.
“Of course, I think this country is not safe for me,” said Gusti Arirang, 29, a musician who identifies as pansexual.
“I am not pessimistic about Indonesia’s future progress as I try to stay strong. But now I have more worries and am more cautious.”
“It’s another nail in the coffin right now. A big nail,” said Dede Oetomo, activist for the LGBTQ rights GAYa NUSANTARA group, told AFP.
Once enacted, legislation approved in parliament on Tuesday would punish sex outside marriage with one year in prison, while unmarried people living together could face six months in prison.
The reforms make it riskier for same-sex couples to live together openly in a country where they already face widespread discrimination and anti-LGBTQ regulationsaccording to activists.
“Before the new penal code, it was already bad. People can be searched even in their private residences. Even if it was not systematic, but it can happen,” Oetomo said.
Indonesia is the most populous Muslim country in the world and its constitution recognizes six religions.
Homosexuality is not illegal in the Southeast Asian country except in the police, military and in the Islamic-law-abiding province of Aceh, but rights groups say legislative changes present an inherent risk to LGBTQ people.
“Many LGBTQ couples live together under the radar because same-sex marriage is not allowed here,” said Robby Nasution, a 30-year-old freelancer who lives with his partner in Bali.
“With the new law, that means another right has been taken away from the community.”
Kai Mata, a musician and activist, said LGBTQ communities were “preparing for the impact and backlash” of the legislation, which opposed “our right to exist”.
The amendments still need to be approved by President Joko Widodo before coming into force.
Albert Aries of Indonesia’s Ministry of Law and Human Rights defended the amendments ahead of the vote and said they would protect the country’s marriage institutions.
Sex outside marriage can only be reported by a spouse, parents or children, which severely limits the scope of the amendment, he said.
But Andreas Harsono of Human Rights Watch said LGBTQ people were “living in fear” in a society that was becoming “increasingly conservative”.
“If they are reported by a member of their family, their life can be ruined,” he told AFP.
There are already dozens of state and local regulations that affect LGBTQ people, and some have been arrested for lewd conduct under anti-pornography laws.
Last month, two Indonesian soldiers were sentenced to seven months in prison for gay sexwhich the army considers “inappropriate behavior”.
At least 15 members of the police and military have been fired in recent years for having same-sex relationships, according to Amnesty International in 2020.
Last year, in Aceh province, two men were sentenced to almost 80 lashes each for having sex.
“Of course, I think this country is not safe for me,” said Gusti Arirang, 29, a musician who identifies as pansexual.
“I am not pessimistic about Indonesia’s future progress as I try to stay strong. But now I have more worries and am more cautious.”
