ICJR: Sanctions Against Members Of The TNI And Polri In Discriminative LGBT Cases And Violation Of The Constitution

Illustration (Pixabay)

JAKARTA - The Institute for Crime and Justice Reform (ICJR) assesses that the actions of the TNI and Polri against their soldiers who have lesbian, gay, bisexual and transgender (LGBT) sexual orientations constitute a form of discrimination that violates the constitution.

"Every discourse on LGBT in the form of stigma as stated by various state institutions, up to the repressive decision is a form of discrimination that attacks a person's sexual orientation and gender expression which is protected by law and the state constitution," said ICJR Executive Director Erasmus AT Napitupulu in a written statement. quoted by VOI, Thursday, October 22.

According to him, all forms of discrimination of this kind also violate the constitution. Because every citizen has the right to privacy, the right to expression, and the right to receive equal treatment before the law as regulated in the 1945 Constitution.

Equality before the law is regulated in Article 27 paragraph 1 of the 1945 Constitution in conjunction with Article 28D paragraph 1 of the 1945 Constitution and the right to be free from discrimination is regulated in Article 28 paragraph 2 in conjunction with Article 28I paragraph 2 of the 1945 Constitution.

"So the differentiation of treatment based on sexual orientation clearly violates the state constitution," said Erasmus.

"On that basis, all discriminatory acts in all their forms and manifestations are recognized as prohibited attitudes and actions," he added.

Furthermore, Erasmus also asked the Police to pay attention to its own internal rules which are contained in the Police Circular Letter Number SE / 6 / X / 2015 concerning Handling Hate Speech.

He said the letter stated that hate speech, one of which was blasphemy, had a purpose and had an impact on acts of discrimination, violence and aimed to incite hatred in various differentiated communities. Furthermore, the letter also refers to a differentiated community, including based on gender and sexual orientation.

So, based on the letter, the police, whose duty is to protect minority groups with different sexual orientation, should not necessarily be discriminatory against their own members.

On this basis, the ICJR has recommended a number of things. First, said Erasmus, his institution asked the Supreme Court, TNI and Polri as state institutions that are bound by human rights instruments regulated in the constitution to review their statements that discriminate against certain groups.

Second, ICJR requests that internal policies that stigmatize certain minority groups, one of which is based on certain sexual orientations, be eliminated.

Third, annul repressive decisions given to internal members who have been or are in the process of sanctions based on discriminatory policies.

Previously, the National Police said that they had taken action against an LGBT member, Brigadier General E.

Argo said, imposing sanctions on Brigadier General E was not new. Brigjen E was sanctioned after the Propam Division completed its inspection in 2019.

"A year ago (sanctions, red), has been a long time," he said.

Meanwhile, the TNI has emphasized that it will not tolerate soldiers with different sexual orientation or LGBT disorders. In fact, the Supreme Court stated that it is currently processing 20 homosexual cases within the TNI, 16 of which have been decided at the cassation level.

The polemic about LGBT within the Indonesian National Police was initiated by the statement of the Chief of the Supreme Court, Burhan Dahlan, who asked military judges to hesitate to fire LGBT TNI members. This request was submitted because there were more than 20 cases where the perpetrators were even acquitted by the Military Court of the first instance.

"There are 20 cases. There are Lt. Col. doctors, some have just graduated from the Military Academy, Second Lieutenant," said Burhan while speaking at the Technical Guidance and Judicial Administration activity in the Four Courts of Justice throughout Indonesia which was broadcast on the Supreme Court YouTube account some time ago.

According to him, TNI soldiers are included in this LGBT group because of lifestyle factors. In addition, he said there were LGBT associations within the TNI-Polri. "This leader is sergeant. The members are Lieutenant Colonel. This is unique," he said.