By: Ahsan Zoelva)*
The phenomenon of Lesbian, Gay, Bisexual, and Transgender (LGBT) became a hot issue again for Indonesian public. The discussion about LGBT became “heated” again when a Professor of IPB, Prof. Dr. Euis Sunarti together with the The Alliance of Family Love Indonesia (AILA) along with a number of other academics applying for judicial review of Article 284, 285 and 292 Criminal Code at the Constitutional Court or Mahkahmah Konstitusi (MK). According to Prof. Dr. Euis Sunarti as the applicant, Article 284, 285, and 292 associated with adultery, rape, and sexual abuse especially against the same-sex is “too soft” and not in line with moral values, religion, and culture of a civilized nation. Thus, those applicants want the revisions in those chapters and provide more severe penalties, especially for the homosexuals.
Prof. Dr. Euis Sunarti’s action inviting public debate not only from domestic but also overseas. The majority of the public in Indonesia, including a number of Indonesian officials, support Prof. Euis Sunarti’s action while rejecting the existence of LGBT in Indonesia. For example, presidential spokesman Johan Budi stating there are no space for LGBT in Indonesia to make a move, let alone to carry out the invitation to join the community. However, that “harsh” statement of Johan Budi got a lot of criticism, especially from foreign parties. The Secretary of States of United States (US), for example, criticized Johan Budi’s statement and said that Indonesia should respect and uphold the rights and international standards by ensuring equal rights and protection for all citizens, including LGBT groups.
Polemics in Indonesia not only in the form of the pros and cons among the Indonesian citizens. According to Professor of Jenderal Soedirman University Prof. Dr. Hibnu Nugroho, MK as the institution that is in charge of knocking for the justice in this issue have face at least seven problems that have to be solved related to lawsuit against Article 284, 285 and 292 Criminal Code. That seven problems such as the issue of authority, the subject of legal issues, religious issues, moral issues, human rights issues, the issue of criminal procedural law against cohabitation and homosexual, and peminadaan issues. Those problems that must be faced by MK suggests that the LGBT phenomenon has become a fairly complex problem for Indonesia.
Regardless from those polemics, the trend in Indonesia indicates that the rejection of Indonesian societies against the LGBT community is still very strong. The trend has been proved from the support of societies including Indonesian state officials to the action of Prof. Dr. Euis cs. who want to aggravate the legal sanctions against the LGBT groups. Despite the tough stance of most Indonesian people are getting criticism from the foreign public, it does not change the fact that LGBT are still considered as a “taboo” and “disgrace” for the Indonesian. Therefore, the assertion of sanctions against the perpetrators of LGBT absolutely necessary for the sake of the common good. On the other hand, the society should respect the positive law that applies to LGBT regardless of how “weak” or “assert” the law that be in charge. LGBT does not have room in Indonesia, but we also must not being uncontrollable and become “savage” when we saw the LGBT phenomenon happening around us.
)* The author is CIDISS contributor
