W

ith negative public sentiment toward lesbian, gay, bisexual and transgender (LGBT) reaching an all-time high, the anti-LGBT movement in the country is seeking to criminalize same-sex relationships.

A group of academics and activists have requested that the Constitutional Court annul a number of articles in the Criminal Code (KUHP) to make it illegal for homosexuals to engage in sexual activities.

The court, which has affirmed that the plaintiffs have constitutional grounds to present their case, has held five hearings in which expert witnesses, presented by the petitioners, told the court that homosexuality was “contagious” and that it “could trigger a spike in HIV infections”.

One of the plaintiffs, Rita Hendrawaty, who is also chairwoman of an organization called the Family Love Alliance, claimed she did not intend to put LGBT people in prison.

“The government asked us [why we are trying to criminalize LGBT people], saying that if we do so, then prisons will be full. But we are merely trying to take preventive measures, so that Indonesia has clearer norms and regulations stipulating that anyone having casual sex is committing adultery,” she told The Jakarta Post on Tuesday.

Rita said that while the KUHP did not traditionally dive into people’s private matters, she argued that “The LGBT community is spreading propaganda to make seem as if casual sex or same-sex relationships are OK. Therefore, the law has to speak about this, as this issue has entered the public sphere.”

Homosexuality is legal in the country, but any adult having sexual relations with a minor of the same sex, whom they have suspected or are aware is a minor, could face a maximum five years’ imprisonment, as stipulated by Article 292 of the KUHP.

The plaintiffs are asking the court to change the terms “adults” and “minors” to “people”, thus allowing law enforcers to put people in prison for having sex with someone of the same sex, even if the sex is consensual. The plaintiffs are also asking for the annulment of Article 284 on adultery and Article 285 on rape in an attempt to make sexual intercourse between an unmarried couple a crime.

The legal effort to outlaw sex between same-sex couples comes after months of widespread anti-LGBT campaigns in the media, supported by Cabinet ministers and several high-profile organizations, including the Indonesian Psychiatrists Association, which classified homosexuality, bisexuality and transgenderism as mental illnesses.

The rising anti-LGBT rhetoric has reportedly made homosexuals the most-disliked minority group in the Muslim-majority country, with a recent survey by the Indonesian Survey Institute (LSI) showing most Indonesian Muslims disliked LGBT people more than they disliked Jews, communists and Shiites.

Other than seeking a ruling from the court, a number of Islamic groups, including the Prosperous Justice Party (PKS), have proposed the passing of an LGBT bill. Several lawmakers have also called for the inclusion of articles banning LGBT content in the national cyber security bill.

The various attempts to criminalize homosexuality have alarmed advocates of LGBT rights.

“This is dangerous for our LGBT friends. No one should be allowed to criminalize a minority group in Indonesia. Furthermore, the government shouldn’t be that nosy, trying to manage people’s lives in bed,” Arus Pelangi secretary Ryan Korbarri told the Post.

Ryan said the allegation that the LGBT community was trying to spread homosexuality was baseless, as the community in Indonesia was only trying to fight to have the same rights as other Indonesian citizens.

It is unclear if the court will invite LGBTs and their defenders to have their say in the hearings.

A noted psychiatrist in the field of HIV and homosexuality, Dadang Hawari, was asked to present his views in the court hearings last week. He said homosexuals were sexual deviants influenced by external factors such as a person’s social environment and could be healed through psychiatric treatment, a claim that has been widely criticized by the international community.

The World Psychiatric Association (WPA), representing more than 200,000 psychiatrists from 118 countries, including Indonesia, said that there was no sound scientific evidence that a person’s innate sexual orientation could be changed.

The next court hearing is scheduled for Aug. 23, in which the plaintiffs will present three more expert witnesses: Indonesian Child Protection Commission (KPAI) chairman Asrorun Ni’am Sholeh, former law and human rights minister Yusril Ihza Mahendra and a commissioner from the National Commission on Human Rights (Komnas HAM).
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