Urgensi Pengaturan Khusus Terhadap LGBT Dalam Perspektif Hukum Pidana Indonesia

Abstract

This study aims to compare it with several countries that reject LGBT, as well as provide an idea of the urgency of establishing special arrangements for LGBT in Indonesia. This study uses a normative juridical research method with the nature of analytical descriptive research. The results of the study show that the regulation regarding LGBT in Indonesian criminal law has not been specifically regulated and is still partial, so it has not provided legal certainty in its handling. The emergence of the National Criminal Code provides an opportunity for Regional Governments to make their customary rules related to LGBT. Countries that reject LGBT generally base their policies on religious, cultural, moral values of society, and the interests of public order. Based on the facts of Indonesia today, Indonesia should make its own rules related to LGBT, which prohibit LGBT, and make Government Regulations as a bridge in making Regional Regulations in Indonesia so that these LGBT actors can be subject to customary sanctions, because the current practice of Government Regulations related to Regional Government Guidelines to make Customary Regulations does not exist, so that with the existence of customary rules,  community and local governments can handle this LGBT-related case. Then the Central Government, especially the Ministry of Communication and Information, blocked all access related to LGBT on social media