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 LGBTQportal |
Indonesia does not recognise same-sex marriage or civil unions. Marriage laws forbid same-sex marriages and prevent the registration of marriages validly performed abroad.
While there are no records of same-sex marriages as understood from a Western perspective being performed in pre-modern Indonesian cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. A gemblak (Javanese : ꦒꦼꦩ꧀ꦧ꧀ꦭꦏ꧀, pronounced [ɡ̊əmˈb̥lak] ) is a young Javanese boy kept by an older man (warok, ꦮꦫꦺꦴꦏ꧀) during a period of sexual abstinence or during a heterosexual marriage. The role of the gemblak is closely tied to the Reog dance. Since heterosexual relations with women were regarded as "sapping the strength of the warok", he was allowed to have a young boy, usually between 8 and 16 years of age, to serve him sexually and play a part in the dance. The gemblak sometimes dressed in female clothing, often hailed from a poor rural family and also did domestic chores for the warok. This granted him and his family great social prestige. [1] [2] Today, this custom is strongly discouraged by Muslim religious authorities. A similar structure existed among the Minang, where the older man (Minangkabau : induk jawi) took a male adolescent (anak jawi) as an emotional and erotic partner. The relationship included a clearly defined aspect of mutual trust and help, and continued until one of the men was ready to marry. Among the Madurese people, erotic and emotional relationships between two boys or teenagers were historically "common". [3]
The Bugis recognize five separate genders and their culture has traditionally viewed gender as existing on a spectrum, even after conversion to Islam in the 17th century. A bissu (Buginese : ᨅᨗᨔᨘ, pronounced [ˈbisːu] ) is a person who "combines aspects of all genders to form a whole", often acting as a shaman. [4] [5] [6] In other cultures, some individuals were considered to fulfil a third gender role. They were "considered to be the union between male and female elements", a "unity perceived as the harmonious condition of the spiritual world", and often acted as shamans or healers. Among the Ngaju people, these gender non-conforming shamans are known as basir, among the Torajan as to burake tambolang, [7] and among the Pamona as tadu mburake. They "merged both males and females in their bodies as it symbolizes the dualism that represented the wholeness of life after death." [8] In Iban society, the manang bali "receive directives, through dreams, from the deity Menjaya Manang Raja to become shamans. They must obey, or face pain of death or madness. As part of responding to their spiritual calling, male-bodied individuals adopted the mannerisms, attire and lifestyle of women, even taking on male partners as husbands." [8] [9] [10] These shamans played "important roles in their communities", being honoured and admired, but "this tradition has diminished due to modern values and education brought by colonialism". [11]
Article 1 of the Law No. 1 of 1974 on Marriage (Indonesian : Undang-undang No. 1 Tahun 1994 Tentang Perkawinan) states that marriage is "a physical and spiritual bond between a man and a woman as husband and wife, having the purpose of establishing a happy and lasting family founded on the Belief in God Almighty". [12] Moreover, article 2 states that a marriage is only lawful if it is performed in accordance with the laws of the religions of the respective parties. Meanwhile, Indonesians who have entered into same-sex marriages abroad are not allowed to register their marriage in Indonesia. [13] Additionally, article 34(1) of the Law No. 23 of 2006 on Civil Administration obliges all marriages to be reported to the local authorities within 60 days, and states that "'marriage' can only be performed between a man and a woman". [14] Civil unions (Indonesian : persatuan sipil, pronounced [pərsaˈtu.anˈsipɪl] ) which would offer a subset of the rights and benefits of marriage, are also not recognized in Indonesia. [15]
The Constitution of Indonesia does not address same-sex marriage explicitly. Article 28B states: [16]
Every person shall have the right to establish a family and to procreate based upon lawful marriage. [lower-alpha 1]
Following the legalization of same-sex marriage in the United States in June 2015, proponents, including singer Sherina Munaf, posted celebratory messages on social media and many highlighted their Facebook profile pictures with rainbow filters. This caused political backslash and controversy, with the Minister of Religious Affairs, Lukman Hakim Saifuddin, responding that Indonesia "could not accept" same-sex marriage. Writing for the Indonesia at Melbourne blog, Hendri Yulius wrote, "Under Suharto's New Order, anything that conflicted with the state ideology was considered foreign and a threat to Indonesian moral values and culture. The current generation is living with the legacy of this idea. We were educated to think that culture is fixed, that differences are threatening and alien, never mind the multiple interactions across cultures now possible in a globalised world. The democratic era has also provided more space for religious fundamentalism, which was strongly suppressed by the military regime. The dogmatic interpretations of religion presented by fundamentalist groups reinforce this idea of a static, unchanging culture." [18]
In 2016, police stopped a same-sex marriage ceremony from occurring in Wonosobo, Central Java, arguing that "such a ceremony violated the law and caused discomfort among local residents". In May 2024, pictures shared online of a double marriage ceremony in Wonosobo with both grooms sitting next to each other were misconstrued as being a same-sex marriage. The pictures led to an "explosion" of homophobic rhetoric on social media despite the fact that the ceremony consisted of two sisters marrying their male partners. [19] That same month, a same-sex couple was married in Central Halmahera, North Maluku by having one of the partners dress as a woman. The Regional Office of the Ministry of Religious Affairs requested that the marriage be annulled after discovering that both spouses were men, arguing that the ceremony "violate[d] religious and cultural sharia of the community". [20]
An online polling conducted by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) in October 2016 found that 69% respondents were against the legalization of same-sex marriage, while 14% supported and 17% were neutral. [21]
A February–May 2023 Pew Research Center poll showed that 5% of Indonesians supported same-sex marriage (3% "strongly" and 2% "somewhat"), while 92% opposed (88% "strongly" and 4% "somewhat") and 3% were undecided or did not answer. [22] This level of support was the lowest among the six Southeast Asian countries polled, behind Vietnam at 65%, Thailand at 60%, Cambodia at 57%, Singapore at 45%, and Malaysia at 17%. [23] [24]
Societal attitudes toward homosexuality vary greatly across different cultures and historical periods, as do attitudes toward sexual desire, activity and relationships in general. All cultures have their own values regarding appropriate and inappropriate sexuality; some sanction same-sex love and sexuality, while others may disapprove of such activities in part. As with heterosexual behaviour, different sets of prescriptions and proscriptions may be given to individuals according to their gender, age, social status or social class.
Rights affecting lesbian, gay, bisexual, transgender and queer (LGBTQ) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.
Lesbian, gay, bisexual, and transgender (LGBT) people in Bosnia and Herzegovina may face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are legal in Bosnia and Herzegovina. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay and bisexual rights are considered to be advanced by international standards.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Cambodia face legal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is legal in Cambodia, it provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) people in Albania face legal challenges not experienced by non-LGBT residents, although LGBT people are protected under comprehensive anti-discrimination legislation. Both male and female same-gender sexual activities have been legal in Albania since 1995, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-gender couples, with same-sex unions not being recognized in the country in any form.
Lesbian, gay, bisexual, transgender and queer (LGBTQ+)-affirming religious groups are religious groups that welcome LGBT people as their members, do not consider homosexuality as a sin or negative, and affirm LGBT rights and relationships. They include entire religious denominations, as well as individual congregations and places of worship. Some groups are mainly composed of non-LGBTQ+ members and they also have specific programs to welcome LGBTQ+ people into them, while other groups are mainly composed of LGBTQ+ members.
Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law. Before the British presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat. Foreign influences from India, China and the Middle East have not only affected culture, but also the customary adat laws. The people of Aceh in Sumatra, for instance, observe their own sharia law, while ethnic groups like the Toraja in Sulawesi still follow their animistic customary law.
Lesbian, gay, bisexual, and transgender (LGBT) people in Indonesia face legal challenges and prejudices not experienced by non-LGBTQ residents. Traditional social norms disapprove of homosexuality and gender transitioning, which impacts public policy. Indonesian same-sex couples and households headed by same-sex couples are not eligible for any of the legal protections available to opposite-sex married couples. Most parts of Indonesia do not have a sodomy law, and the country does not currently prohibit non-commercial, private and consensual sexual activity between members of the same-sex, yet there is no specific Indonesian law that protects the LGBT community against discrimination and hate crimes. In Aceh, homosexuality is illegal under Islamic Sharia law and it is punishable by flogging or imprisonment. Indonesia does not recognize same-sex marriage.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Uganda face severe legal and social challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is illegal for both men and women in Uganda. It was originally criminalised by British colonial laws introduced when Uganda became a British protectorate, and these laws have been retained since the country gained its independence.
The Bugis people are the most numerous of the three major ethnic groups of South Sulawesi, Indonesia, with about 3 million people. Most Bugis are Muslim, but many pre-Islamic rites continue to be honoured in their culture, including the view that gender exists on a spectrum. Most Bugis converted from Animism to Islam in the early 17th century; small numbers of Bugis have converted to Christianity, but the influence of Islam is still very prominent in their society.
Laws governing lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are complex in Asia, and acceptance of LGBTQ persons is generally low. Same-sex sexual activity is outlawed in at least twenty Asian countries. In Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates and Yemen, homosexual activity results in death penalty. In addition, LGBT people also face extrajudicial executions from non-state actors such as the Islamic State of Iraq and the Levant and Hamas in the Gaza Strip. While egalitarian relationships have become more frequent in recent years, they remain rare.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally poor in comparison to the Americas, Western Europe and Oceania.
The relationship between transgender people and religion varies widely around the world. Religions range from condemning any gender variance to honoring transgender people as religious leaders. Views within a single religion can vary considerably, as can views between different faiths.
Lesbian, gay, bisexual, and transgender (LGBT) people in Guatemala face legal challenges not experienced by non-LGBTQ residents. Both male and female forms of same-sex sexual activity are legal in Guatemala.
Vietnam does not recognize same-sex marriages, civil unions, domestic partnerships, unregistered cohabitation, or any other form of recognition for same-sex couples. Article 36(1) of the 2013 Constitution of Vietnam states that "marriage must adhere to the principles of voluntariness, progressiveness, monogamy, and equality between husband and wife."
The spirit spouse is a widespread element of shamanism, distributed through all continents and at all cultural levels. Often, these spirit husbands/wives are seen as the primary helping spirits of the shaman, who assist them in their work, and help them gain power in the world of spirit. The relationships shamans have with their spirit spouses may be expressed in romantic, sexual, or purely symbolic ways, and may include gender transformation as a part of correctly pairing with their "spouse". Shamans report engaging with their spirit spouses through dreams, trance, and other ritual elements. In some cultures, gaining a spirit spouse is a necessary and expected part of initiation into becoming a shaman. Examples of spirit spouses may be seen in non-shamanic cultures as well, including dreams about Jesus Christ by nuns, who are considered to be "brides of Christ".
In the Philippines, a baklâ, bayot (Cebuano) or agî (Hiligaynon) is a person who was assigned male at birth and has adopted a gender expression that is feminine. They are often considered a third gender. Many bakla are exclusively attracted to men and some identify as women. The polar opposite of the term in Philippine culture is tomboy, which refers to women with a masculine gender expression. The term is commonly incorrectly applied to trans women.
Homosexuality in Indonesia is generally considered a taboo subject by both Indonesian civil society and the government. Public discussion of homosexuality in Indonesia has been inhibited because human sexuality in any form is rarely discussed or depicted openly. Traditional religious mores tend to disapprove of homosexuality and cross-dressing.
Marriage in Indonesia is carried out by one sacred recipient man and one woman with the intention of formalizing the marriage bond according to religious norms, legal norms, and social norms.
Status of same-sex unions around the world | ||
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| Antarctica |
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