Criminal code revamp plan targets LGBT
Indonesian lawmakers push for crackdown on same-sex relations
Zulfikar Fahd, an openly gay man, says he flew from Indonesia to Canada late last month and claimed asylum on grounds that he faced discrimination and persecution in his home country, which is poised to criminalize same-sex relations and consensual sex outside marriage.
Fahd, 30, who had worked in public relations, said he had already given up hope that the police would provide him protection against Islamic fundamentalists who have fomented hostility toward the lesbian, gay, bisexual, and transgender (LGBT) community in this Muslim-majority country, which is also the world’s third-largest democracy.
Police have stood by while vigilantes have stormed “gay sex parties,” and have themselves broken up gatherings at spas and hostels, charging some with violating strict pornography laws, and prompting many others to go underground. The authorities have also been clamping down online, blocking many LGBT sites or getting LGBT apps removed.
Until now, homosexuality has not been regulated by law in Indonesia, except in the ultra-conservative Aceh province where Islamic law bans same-sex relations.
But as lawmakers look to shore up conservative votes ahead of elections, parliament appears on the verge of revising the national criminal code to impose restrictions on same-sex relations and consensual sex between men and women outside marriage.
Various drafts of the criminal code have appeared. The latest seeks the prosecution of same-sex relations if an act is carried out in public, if there is evidence of abuse, or if a minor is involved.
Unmarried co-habiting couples or those engaging in extramarital sex could be prosecuted only if there is a complaint from a close relative.
Under the proposals, those found guilty of a public act of gay sex could be sentenced to up to 18 months in prison, and up to nine years if there is evidence of abuse or video of the act is published. Heterosexual couples found living together without being married could face up to six months in prison, and two years if engaging in sex outside marriage.
Rights activists say the proposed rules could breach basic rights like privacy and could be subject to interpretation by vigilantes, the police and courts so that a party in someone’s home could be deemed a public event.