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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. Opinion polls show low levels of support for same-sex marriage among Indonesians.
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. 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 bussi (Buginese : ᨅᨘᨔᨗ, pronounced [ˈbusːi] ) is a person who "combines aspects of all genders to form a whole", often acting as a shaman. [3] [4] [5]
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". [6] 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. [7] 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". [8] Civil unions (Indonesian : persatuan sipil, pronounced [pərsaˈtu.anˈsipɪl] ), [lower-alpha 1] which would offer a subset of the rights and benefits of marriage, are also not recognized in Indonesia. [9]
The Constitution of Indonesia does not address same-sex marriage explicitly. Article 28B states: [10]
Every person shall have the right to establish a family and to procreate based upon lawful marriage. [lower-alpha 2]
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." [12]
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. [13] That same month, a same-sex couple were 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 anulled after discovering that both spouses were men, arguing that the ceremony "violate[d] religious and cultural sharia of the community". [14]
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. [15]
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. [16] 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%. [17] [18]
The Special Region of Yogyakarta is a province-level special region of Indonesia in southern Java. It is a semi-enclave that is surrounded by on the landward side by Central Java Province to the west, north, and east, but has a long coastline on the Indian Ocean to the south.
LGBT rights opposition is the opposition to legal rights, proposed or enacted, for lesbian, gay, bisexual, and transgender (LGBT) people. Laws that LGBT rights opponents may be opposed to include civil unions or partnerships, LGBT parenting and adoption, military service, access to assisted reproductive technology, and access to sex reassignment surgery and hormone replacement therapy for transgender individuals.
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.
Indonesians are citizens or people who are identified with the country of Indonesia, regardless of their ethnic or religious background. There are more than 1,300 ethnicities in Indonesia, making it a multicultural archipelagic country with a diversity of languages, culture and religious beliefs. The population of Indonesia according to the 2020 national census was 270.2 million. 56% live on the island of Java, the world's most populous island. Around 95% of Indonesians are Native Indonesians, with 40% Javanese and 15% Sundanese forming the majority, while the other 5% are Indonesians with ancestry from foreign origin, such as Arab Indonesians, Chinese Indonesians, Indian Indonesians, and Indos.
The Vorstenlanden were four native, princely states on the island of Java in the colonial Dutch East Indies. They were nominally self-governing vassals under suzerainty of the Kingdom of the Netherlands. Their political autonomy however became increasingly constrained by severe treaties and settlements. Two of these continue to exist as a princely territory within the current independent republic of Indonesia.
The Act Number 44 of 2008 on Pornography, commonly known as Pornography Law, is a law in Indonesia on pornography which was passed on 30 October 2008. It was proposed as the Bill against Pornography and Porno-Action, sometimes translated as Bill against Pornography and Pornographic Acts, by the Indonesian legislative assembly, Dewan Perwakilan Rakyat, on 14 February 2006. The bill was passed into an act on 30 October 2008.
Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law. Before the Dutch 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-LGBT 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.
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.
Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary, which took effect in January 2012.
Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex in Asia, and acceptance of LGBT 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 is punishable by death. 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) people in the Dominican Republic do not possess the same legal protections as non-LGBT residents, and face social challenges that are not experienced by other people. While the Dominican Criminal Code does not expressly prohibit same-sex sexual relations or cross-dressing, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same-sex unions in any form, whether it be marriage or partnerships. Households headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples, as same-sex marriage is constitutionally banned in the country.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally poor in comparison to the Americas, Western Europe and Oceania.
Overseas Indonesians refers to Indonesians who live outside of Indonesia. These include citizens that have migrated to another country as well as people born abroad of Indonesian descent. According to Ministry of Law and Human Rights, more than 6 million Indonesians diaspora live abroad in 2023 this include ex-Indonesian citizens, foreign citizens who are children of Indonesian citizens, and children of ex-Indonesian citizens, illegal and undocumented workers.
Cambodia does not recognize same-sex marriage or civil unions, but does recognize a registry program known as the "declaration of family relationship" offering limited legal rights to same-sex couples. As of June 2021, the registry has been introduced to 68 communes. Same-sex marriage has received support from King Norodom Sihamoni and his late father, King Norodom Sihanouk.
The national costume of Indonesia is the national attire that represents the Republic of Indonesia. It is derived from Indonesian culture and Indonesian traditional textile traditions. Today the most widely recognized Indonesian national attires include batik and kebaya, although originally those attires mainly belong within the island of Java and Bali, most prominently within Javanese, Sundanese and Balinese culture. Since Java has been the political and population center of Indonesia, folk attire from the island has become elevated into national status.
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.
The Indonesian Malaysians are Malaysian citizens of Indonesian ancestry. Today, there are many Malaysian Malays who have lineage from the Indonesian archipelago and have played an important role in the history and contributed to the development of Malaysia, they have been assimilated with other Malay communities and are grouped as part of the foreign Malays or anak dagang in terms of race. The Malaysian census does not categorize ethnic groups from the Indonesian archipelago as a separate ethnic group, but rather as Malay or Bumiputera.
Feminism in Indonesia refers to the long history of discourse for gender equality to bring about positive social change in Indonesia. The issues women in Indonesia currently are facing include gender violence, underage marriages, and lack of representation in the political system. Feminism and the women's right movement began during colonial Indonesia under Dutch rule and were spearheaded by the national heroine Kartini, a Javanese noblewoman who advocated for the education of all women and girls regardless of social status. In the early 19th century, women's rights organizations and movements were allowed to developed under Budi Utomo, the first Indonesian Nationalist organization. Modern day Indonesian feminism include and are influenced by both fundamentalist and progressive Islamic women's organizations.
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.
