Legal Regulations for Lesbian, Gay, Bisexual and Transgender (LGBT) in the Perspective of Positive Law Reform in Indonesia

Darwin Pane, Musa (2020) Legal Regulations for Lesbian, Gay, Bisexual and Transgender (LGBT) in the Perspective of Positive Law Reform in Indonesia. In: Proceeding of The 3rd International Conference on Business, Economics, Social Sciences, and Humanities (ICOBEST 2020). Universitas Komputer Indonesia.

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Abstract

Indonesia is a state based on law as referred to in Article 1 paragraph (3) of the 1945 Constitution, therefore all state life is based on law. In addition, Article 28A to Article 28J of the 1945 Constitution serves as the foundation for human rights that must be protected. The existence of LGBT that has existed for a long time cannot be demonstrated, although the regulations are not yet clear. Various perspectives provide their views, although until now they often create pros and cons. Based on this, this study aims to determine whether LGBT is a crime and how LGBT is regulated in Indonesian positive law. This research used normative juridical method. Based on the results of the research, it shows that LGBT is not a crime but LGBT behavior is a form of deviation that must be criminalized because it is against the constitution and is not in accordance with the spirit of the Indonesian nation, religion, customs and values that live in society and related to its current regulation LGBT behavior is regulated. in Article 284 KUHP, Article 285 KUHP and 292 KUHP even though these provisions do not explicitly determine LGBT crime. So there is a legal vacuum. Therefore, the DPR must immediately regulate LGBT behavior considering the impact it causes. Articles 285 of the Criminal Code and 292 of the Criminal Code even though these provisions do not explicitly define LGBT crimes. So there is a legal vacuum. Therefore, the DPR must immediately regulate LGBT behavior considering the impact it causes. Articles 285 of the Criminal Code and 292 of the Criminal Code even though these provisions do not explicitly define LGBT crimes. So there is a legal vacuum. Therefore, the DPR must immediately regulate LGBT behavior considering the impact it causes.

Item Type:	Book Section
Subjects:	Prosiding
Divisions:	Universitas Komputer Indonesia
Depositing User:	Muhamad Heru Nuralam
Date Deposited:	13 Jun 2023 03:10
Last Modified:	12 Jul 2023 06:48
URI:	http://repository.unikom.ac.id/id/eprint/70171

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