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Domestic Legal Framework
Criminal law
Indonesia has a mixed legal system, with laws at the national level co-existing alongside other types of laws such as regional / local ordinances, customary laws and religious laws (e.g. Sharia). Criminal law in Indonesia is primarily governed by the Criminal Code, which operates at the national level and was largely derived from a Dutch colonial code.
In December 2022, the Indonesian Parliament adopted a significantly revised Criminal Code (through Law No. 1/2023), which came into force on 2 January 2026. The revised Criminal Code introduces certain new or updated offences with potential implications for members of the LGBTQI+ community. For example:
- Article 406 criminalises acts that violate decency in public or which violate “decency in front of other persons who are present without the will of the person present“;
- Article 411(1) criminalises engaging in consensual sexual activity outside of marriage (with Article 1 of the Indonesian Marriage Law (No. 1/1974) explicitly defining marriage as a union between a man and a woman);
- Article 412(1) criminalises cohabiting with another person “as husband and wife” outside of marriage; and
- Article 414 criminalises “obscene acts towards other persons of the same or different sex” where such acts are done “in public” (or alternatively where such acts are, among other things, “published as pornographic content“).
However, whether these provisions collectively constitute an effective criminalisation of same-sex relationships and sexual activity (as well as gender expression) is not totally straightforward:
- Article 406 appears to have replaced the provision included at Article 281 of the pre-revision Criminal Code, which criminalised inter alia “any person who with deliberate intent offends against decency“. It has been suggested that there is evidence that Article 281 of the pre-revision Criminal Code was used to criminalise transgender and gender diverse people. Accordingly, there is a risk that the Article 406 offence could be similarly applied. However, the Explanatory Notes to Article 406, which carry significant interpretational value, make clear that ‘violates decency’ for these purposes will be understood as “committing an act of displaying nudity, genitals and sexual activity that is contrary to the values that live in the community at the place and time that the act is committed“. Whilst the reference to “sexual activity that is contrary to the values that live in the community (…)” is arguably broad enough to capture acts of same-sex intimacy (provided that these meet the threshold of “sexual activity” and occur “in Public“), it is difficult to see how gender expression fits within this definition.
- The Explanatory Notes to Article 411(1) suggest that the scope of the prohibition on extramarital sexual activity is limited to sexual activity between heterosexual couples. This is in line with how the offence appears in a Criminal Code section on ‘Adultery’ (which influences the interpretation of these provisions in practice). Nevertheless, it should be noted that organisations including Human Rights Watch and the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) appear to regard Article 411 as catching consensual same-sex activity, highlighting the risks that remain.
- As to Article 412, it is uncertain whether the offence would apply to same-sex couples, considering the offence concerns cohabitation “as husband and wife outside of marriage” (emphasis added) – same-sex couples are unable to enter a union of marriage as a matter of law in Indonesia, as noted above.
- Finally, as to Article 414, it remains to be seen how the provision’s criminalisation of acts done “in public” will be interpreted. Although the literal meaning of “in public” might indicate that acts in private are outside Article 414’s scope, the risk remains of a broader reading being adopted. Notably, Indonesian prosecutors often invoked the predecessor to Article 414 (Article 292 under the pre-revision Criminal Code) to prosecute acts of same-sex intimacy. That being said, the pre-revision Article 292 did not include reference to obscene acts being conducted in public, and was focussed on obscene acts committed with minors.
The revised Criminal Code also prescribes that the offences under Articles 411(1) and 412(1) can only be prosecuted following a complaint from a person’s husband or wife (for persons bound by marriage) or a person’s parents or children (for persons who are not bound by marriage). It has been suggested that this may reduce the likelihood of enforcement.
Notwithstanding, considering the recent entry into force of the revised Criminal Code, as well as the uncertainties outlined above, these provisions could see inconsistent application. It is also the case that the revised Criminal Code provides for the recognition of “any living law” in the country, potentially validating discriminatory local regulations.
Prior to the entry into force of the most recent revisions, local reports had already detailed the targeting of LGBTQI+ people in Indonesia through offences such as “deliberate intent to publicly offend decency” and “vagrancy” (see Articles 281 and 505 of the pre-revision Criminal Code (1982)), as well as via the 2008 Law on Pornography (No. 44/2008).
Local ordinances
Certain Indonesian provinces, such as Aceh and South Sumatra, are granted autonomy and may enact local ordinances or implement their own local laws.
There are a number of local ordinances which criminalise same-sex sexual conduct. These include the Provincial Ordinance on the Eradication of Immoral Behaviour (No. 13/2002) in South Sumatra, which classifies homosexual acts and anal sex performed by men as “immoral behaviour“.
Sharia law
Aceh, an autonomous region in Indonesia, is permitted to apply Sharia law through the Law on Self Government for Aceh (Law No. 11/2006). Under Aceh’s Sharia law, consensual anal and lesbian sex is criminalised under the Qanun No. 6/2014 on Criminal Offences (available in Bahasa Indonesian), with punishments including 100 lashes, a considerable fine, or a prison term.
Article 28E(3) of the Indonesian Constitution states that the right to freedom of expression applies to “every person“. Notwithstanding, there are a number of national and local laws which restrict the display and expression of gender identity and sexual orientation in Indonesia.
For example, Article 4(1)(a) on the Law on Pornography (No. 44/2008) prohibits producing, reproducing, duplicating, distributing, broadcasting, importing, exporting, offering, trading, renting, or otherwise making available pornography that explicitly contains “deviant intercourse”. The explanatory document has defined this as sexual activity which involves “corpses, animals, oral sex, anal sex, lesbians, and homosexuals”.
In 2024, the Indonesian Parliament considered legislative changes which envisaged prohibiting the broadcasting of content about LGBTQI+ individuals, including advertisements featuring LGBTQI+ scenes and the use of LGBTQI+ models.
The Indonesian Ministry of Information blocks LGBTQI+ sites, and monitors a number of groups which advocate for LGBTQI+ issues, such as the LGBTQI+ news portal Suara Kita.
In February 2016, the Indonesian Broadcasting Corporation released a Circular to All Broadcasting Companies on Effeminate Men, prohibiting broadcasting companies from representing sexual and gender diversity in men. In 2018, the Indonesian Communications Ministry attempted to ban same-sex dating applications on mobile phones.
Indonesia does not have specific legal gender recognition laws. However, it is possible to register “changes in gender or sex” with the Civil Registry office, under Article 56(1) of Law No. 23 (2006) (available in Bahasa Indonesian) and Article 97 of Presidential Decree No. 25 (2008) (available in Bahasa Indonesian), and following a court decision.
There is no express standard that judges follow to recognise this “change of sex”, but it is common that judges ask for expert testimony, witnesses, and proof of “gender reassignment”. In 2021, two applications for a change of sex were granted by courts in Indonesia: see for example Case 9/Pdt.P/2021/PN Wat (2021) (available in Bahasa Indonesian) and Case 315/Pdt.P/2021/PN Jakarta (2021) (available in Bahasa Indonesian). On the other hand, NGOs reported at least one case where the judge denied the request due to his conservative values.
Following a positive court decision, the process involves the submission of the court order along with the applicant’s national ID card and their Family Card, in their application to amend their gender marker in the population registry.
Indonesian law recognises general guarantees of protection against discriminatory practices – these are set out in Article 28I(2) of the Indonesian Constitution (which provides that “every person is entitled to be free from discriminative treatment on whatsoever basis” (emphasis added)), Article 3 of the Human Rights Law (No. 39/1999) and Article 5 of the Labour Law (No. 13/2003) (available in Bahasa Indonesian). However, there is no law in Indonesia which explicitly prohibits discrimination on the basis of sexual orientation and gender identity. Moreover, Article 28J(2) of the Indonesian Constitution sets out various limitations on individual rights and liberties, which have been interpreted to justify anti-LGBTQI+ regional regulations or policies:
In exercising his/(her) rights and liberties, each person has the duty to accept the limitations determined by law for the sole purposes of guaranteeing the recognition and respect of the rights and liberties of other people and of satisfying society’s just demands based on consideration of morality, religious values, security, and public order. (emphasis added)
As has been noted above, same sex couples are not allowed to marry under the Marriage Law in Indonesia. In addition, same-sex couples are also explicitly prohibited from adopting a child, under Article 13 of the Adoption Law (No. 54/2007) – this provision also stipulates that a child must be adopted by a couple, and that the couple must have been legally married for a minimum of five years.
International Legal Framework
Indonesia is signatory to, and has ratified, a number of core UN human rights treaties, including:
- the International Covenant on Civil and Political Rights (ICCPR);
- the International Covenant on Economic, Social and Cultural Rights (ICESCR); and
- the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Various UN treaty bodies have noted a number of observations and concerns with respect to Indonesia’s compliance with the provisions of these treaties.
In 2021, the UN CEDAW Committee published its concluding observations on the eighth periodic report of Indonesia. The Committee expressed concerns relating to the treatment of lesbian, bisexual and transgender women, including discriminatory legislation and provincial and municipal ordinances, the prevalence of discriminatory practices (such as social exclusion, acts of hate speech and abuse, and arbitrary detention by the police), and the persistence of the practice of so-called “conversion therapy“, which attempts to change the sexual orientation or gender identity of lesbian, bisexual and transgender women.
Similarly, the UN Committee on Economic, Social and Cultural Rights’ concluding observations on the second periodic report of Indonesia in 2024 expressed a number of concerns, including with regards to the absence of a comprehensive anti-discrimination law which covered all of the grounds set out in the ICESCR, including sexual orientation and gender identity. The Committee noted, in particular, that discriminatory provisions present in local laws and by-laws focused on characteristics including gender identity and sexual orientation, as well as Articles 411 and 412 of the revised Criminal Code. Reflecting some of the concerns identified above, the Committee characterised these provisions as “de-facto criminaliz[ing] same-sex relations“.
For more detailed information on the protection of LGBTQI+ rights in Indonesia, visit the Indonesia ILGA World Database.
Indonesia’s approach to LGBTQI+ rights has been shaped by its complex cultural and religious context. The country recognises six official religions and has many other religions and indigenous faiths, influencing social attitudes. Several of these traditional and indigenous faiths historically featured gender and sexual diversity. For example, in several traditional religions, transgender priests played important roles and in some village cultures various forms of transgender practices, including cross-dressing, were once common. Moreover, during the New Order era (1966-1998), gay and lesbian people were, broadly speaking, not perceived as a threat and the waria (trans women) community enjoyed some social acceptance.
However, since the Reform era, growing conservative Islamic influence has marginalised LGBTQI+ communities, contributing to the erasure of gender-diverse traditions and fuelling hate speech and violence. Anti-LGBTQI+ sentiment has continued to grow significantly. Homophobia and transphobia remain prevalent, with surveys indicating that a majority of Indonesians view LGBTQI+ people as a threat, with 92% opposing same-sex marriage in 2023.
In May 2022, an official from the Ministry of Health characterised homosexuals and bisexuals as persons with mental challenges. In July 2022, Jakarta Deputy Governor Ahmad Riza Patria warned against an “LGBT tendency” after observing a fashion show, remarks that civil society groups described as discriminatory.
In December 2022, Anwar Abbas, the Deputy Chairman of the Indonesian Council of Ulama, told the press that LGBTQI+ ideas posed a threat to the country’s religious and cultural values. The Chairperson of the Indonesian Middle East Alumni Association (KH Muhyiddin Junaidi) said, “LGBT is a mental illness that must be treated, because it is very dangerous for the survival of humanity”. House member Nasyirul Falah Amru stated that as a nation firmly committed to Pancasila, the country could not accept the “LGBT movement”. Meanwhile, the hashtag #UsirLGBTDariIndonesia (Kick out LGBT from Indonesia) emerged on Twitter.
Violence
LGBTQI+ people living in Indonesia face violence at the hands of civilians, including killings. In 2022 alone, there were 21 recorded cases of violence against LGBTQI+ people in West Java, 20 in DKI Jakarta, 17 in West Sumatra, 16 in North Sumatra, 11 in South Sulawesi, and 9 in Aceh. Various other provinces also reported an average of two to three cases. Additionally, one trans and gender-diverse person was killed in 2020, followed by three others in 2022-2023. A 2016 crackdown on LGBTQI+ people led to increased violence, with officials often ignoring complaints and failing to protect victims. The US State Department has observed that corruption and bias in the police force deter LGBTQI+ individuals from seeking help.
Fear of prosecution under Sharia law in Aceh has caused some LGBTQI+ activists to flee the province permanently.
Discrimination and Stigma
LGBTQI+ individuals face widespread discrimination and stigma in daily life:
- Lack of protections against discrimination towards LGBTQI+ people: The Gerakan Perempuan Peduli Indonesia (Indonesian Women Awareness Movement) has suggested that a number of regions have enacted policies that are discriminatory towards LGBTQI+ people. Citing research provided by Arus Pelangi, the Indonesian federation of LGBTQI+ bodies, a 2016 Human Rights Watch report identified several local ordinances—including at district and municipality level—categorising homosexual conduct as “immoral” and setting associated punishments.
- Officials publicly stigmatise LGBTQI+ people: For example, in 2023, then-Medan Mayor Bobby Nasution publicly declared Medan an “anti-LGBT” city. Former Defence Minister, Ryamizard Ryacudu separately described the movement for gay rights in Indonesia as a form of modern warfare and an attempt by Western nations to undermine the country’s sovereignty.
- Police conduct intrusive raids under the guise of maintaining public order on bars, clubs, and saunas frequented by gay men, often leading to arbitrary detention and sometimes prosecution under anti-pornography laws. Transgender people also face arrests. Some examples of enforcement activity include the following:
- In 2023 the Civil Service Police Unit of Pekanbaru City, together with the Sukajadi Police Station arrested 73 people in joint raids across the city (article available in Bahasa Indonesian). Some of those detained “were strongly suspected to be lesbian, gay, bisexual and transgender perpetrators”.
- In 2021 it was reported that two men, alleged to have been “making out” in a car in the city of Palangka Raya, were arrested, apparently only after a search of their belongings verified that the accused were gay. An officer who took part in the arrest described the relationship between the two men as “illicit”.
- In early 2021, two gay men were reportedly arrested in Aceh on suspicion of having engaged in consensual sex and subjected to whipping as punishment.
- In 2020, a police raid on a party in West Java led to the arrest of nine men, who were charged with “facilitating obscene acts” under the Anti-Pornography Law.
- In 2017, two gay men in Aceh were charged with violating Aceh’s criminal law, and were each publicly caned over 80 times. According to observers, the men were not permitted access to legal representation after their arrest by the Sharia police.
- Restrictions on freedom of expression, association, and assembly further contribute to the hostile local environment. Specifically:
- LGBTQI+ advocacy groups face difficulties in registering their organisations explicitly as LGBTQI+ advocacy groups and obtaining licenses or permits for public events. Some were pressured by police not to hold such events to avoid creating “social unrest.”
- LGBTQI+ gatherings are often threatened: In 2010, the ILGA Asian regional congress in Surabaya was dispersed by police under pressure from militant Islamist groups. That same year, Islamist groups threatened to set fire to a Jakarta venue for the Q! Film Festival, a LGBTQI+ film series. In May 2012, the FPI (Islamic Defenders Front) interrupted and threatened an appearance in Jakarta for openly-lesbian Muslim Canadian author Irshad Manji. In 2023, a regional conference in Jakarta was forced to be cancelled due to harassment and death threats from Muslim conservatives. Following this incident, an LGBTQI+ NGO consortium was reported to police. In almost all cases, police ordered the cancellation of the events, resulting in many NGOs ceasing to organise gatherings in public places.
- Prosecution for depicting LGBTQI+ conduct: The Ministry of Communication and Information Technology has previously requested the removal of LGBTQI+ related information from internet sites. In August 2021, an influencer named Dimas Adipati was sentenced to 18 months imprisonment (reduced to 12 months on appeal) for posting LGBTQI+-related content on social media sites.
- Government bodies censored domestic and imported movies for depicting same-sex relationships and prohibited television programmes from having LGBTQI+ content. In 2016, the Indonesian government issued a series of regulations prohibiting the promotion of LGBTQI+ rights and values in the media, education and other public spheres. Researchers at the University of New South Wales have suggested that these regulations effectively outlaw any public support for LGBTQI+ rights.
- In 2024, Indonesia’s parliament began considering changes to Indonesia’s broadcast law that would ban investigative journalism and LGBTQI+ content, which could limit LGBTQI+ people in broadcasting information and make it more difficult to speak out about gender-based violence. These changes remained pending as of late 2025.
- Discrimination in employment, public services and healthcare is still common. For example, the 2016 crackdown fuelled a health crisis by discouraging HIV-vulnerable populations from accessing prevention and treatment services.
- Conversion therapy and forced marriage: There are no laws that expressly prohibit conversion therapy in Indonesia. Notwithstanding, reports of transgender individuals being subjected to conversion therapy exist. The US State Department reports that “[f]amilies often put LGBTQI+ minors into therapy, confined them to their homes, or pressured them to marry persons of the opposite sex“.
Family pressure
Family rejection is a significant challenge for LGBTQI+ individuals in Indonesia, which is driven by societal emphasis on heterosexual marriage and religious beliefs (an issue which continues to persist – see here, here, and here for examples). As noted above, families sometimes force LGBTQI+ individuals into conversion therapies or marriages. Other negative impacts include self-acceptance issues and, in extreme cases, disownment of children or eviction.
IS (anonymity order made) v Secretary of State for the Home Department [2025] UKUT (IAC) UI-2025-002639
On 8 September 2025, the UK Upper Tribunal (Immigration and Asylum Chamber) issued a decision concerning a male Indonesian national claiming asylum in the UK, who argued he would face serious harm if he returned to Indonesia, as a gay man. The Upper Tribunal overturned a First-tier Tribunal decision dismissing the asylum claim, finding that there were ”a number of obvious errors in the [First-tier Tribunal’s] decision where [the judge] appeared to conflate the appellant’s case with another appeal” (paragraph 4). The case was remitted to the First-tier Tribunal for reconsideration.
Despite searches across multiple databases and legal resources, no further relevant case law concerning Indonesian nationals seeking asylum based on sexual orientation or gender identity has been identified. We similarly did not identify case law on the treatment of LGBTQI+ persons seeking asylum in Indonesia, other LGBTQI+ rights-related case law in Indonesia or any other relevant LGBTQI+ rights-related case law from outside Indonesia with cross-jurisdictional relevance.
Organisations supporting LGBTQI+ individuals
Website
Email: ap@aruspelangi.or.id
Arus Pelangi (translation: “Rainbow Flow”) is an independent, non-partisan federation established in January 2006 to push for formal legal representation of LGBTQI+ communities in Indonesia. Their work includes campaigning to raise awareness of LGBTQI+ issues in the country, education and the provision of free counselling to local LGBTQI+ communities through a hotline service.
The organisation is also involved in advocacy, by facilitating legal representation for those involved in cases which affect LGBTQI+ communities in Indonesia. Furthermore, it is involved in public policy and conducts legal campaigns for the amendment of discriminatory government policies.
GAYa NUSANTARA Foundation is an LGBTQI+ rights organisation in Indonesia which gained legal status as a foundation in 2012 through ratification by the Ministry of Human Rights. The organisation seeks to raise awareness about LGBTQI+ rights and issues, provide support and information related to sexual health and HIV/AIDS and offers a safe space and resources for LGBTQI+ individuals.
BRANI is an Indonesian non-profit organisation co-founded by Abie Sancaya. The organisation focuses on combating discrimination based on sexual orientation, gender identity, and expression. Established in October 2019, BRANI facilitates young queers and their family members to discuss gender and sexuality with online counsellors. BRANI have created a website with educational content about gender and sexuality and a feature for visitors to anonymously talk with psychologists and other volunteers from the organisation.
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Last updated April 2026
