LGBT, Deddy Corbuzier And Freedom Of Expression

Deddy Corbuzier being a host in his own podcast. (source: screenshot of Deddy Corbuzier podcast)

Deddy Corbuzier's podcast featuring Ragil Mahardika and Frederik Vollert Ragil, a gay couple who married in Germany, instantly went viral and sparked controversy. Many think it's not worth showing. Especially in Indonesia. Understandably, the issue of LGBT (Lesbian, Gay, Bisexual, and Transgender) in Indonesia is a sensitive matter. Still taboo. Moreover, same-sex marriage on this beloved country is not legally allowed.

No wonder then Deddy Corbuzier was blasphemed. A number of people, political figures and scholars also opposed it. The reasons are almost uniform. That what is shown is inappropriate.

In principle, nothing prohibits freedom of expression and expression on internet-based social media. But remember the limits. So that it should not violate the laws and norms that apply in Indonesia.

Even though in the name of freedom of expression regarding LGBT or same-sex marriage, this is still considered a deviant thing. It is okay in some countries in Europe to legalize same-sex marriage, but not in Indonesia.

Legal Rules Regarding LGBT Practices

Previously, Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD encouraged the DPR to enact a law prohibiting LGBT practices and adultery. Even proposed rules related to it since 2017.

Mahfud, as quoted from his personal twitter, suggested that religious moral values ​​should be included in the Criminal Code (KUHP). However, he said, the proposal has not been accepted as a law and has only been applied as a religious and moral rule until now.

Therefore, according to Mahfud, neither the LGBT group nor the party broadcasting the issue have been prohibited by law in Indonesia. Based on the principle of legality, a person can be charged with legal sanctions if there is already a legal product. If there is no legal product, he said, then the sanctions will only be autonomous sanctions or moral sanctions. Such as public insults, exclusion, shame, feeling guilty and others.

Mahfud then highlighted the issue of Article 292 of the Criminal Code regarding obscenity. According to him, the article only regulates the prohibition of homosexuals or lesbians between adults and children.

Article 292 of the Criminal Code reads "An adult who commits an obscene act with another person of the same sex, which he knows or should reasonably suspect is not yet an adult, is threatened with a maximum imprisonment of five years".

“What is the punishment for being a lesbian/gay adult? Nothing, right? If we punish without any legal threat first, it means violating the principle of legality, it can be arbitrary. That's why Pancasila is not only legal, but also moral," explained Mahfud MD, as published by voi.id.

Apart from legal matters, from a religious perspective, it is definitely prohibited and forbidden. Naturally, any animal in pairs must be of different types. Male and female. Especially humans. Man and woman. So, for whatever reason displaying it openly is not worth it. Again, there are norms that must be adhered to. Not just chasing sensations, especially the economic motive.

Podcasts

Podcasts on YouTube are now developing. Everyone can make it. Whether it's ordinary citizens, artists, businessmen or even political figures. Various themes are displayed. Just be free. Journalistic work, be it text (print and online media) or audio-visual (tv and radio), is bound by the Journalistic Code of Ethics (KEJ) and the Broadcasting Code of Conduct and Broadcast Program Standards (P3SPS) which are very detailed in regulating what matters can be broadcasted and which are not, podcasts have no rules.

On YouTube, it's free to show hosts and guest stars while smoking. Or also issuing disrespectful words, that when done on terrestrial television can be scribbled by the Indonesian Broadcasting Commission (KPI).

This is where the management's discretion is important. Especially if the podcast has a lot of viewers. So there is a moral responsibility. That which will be displayed must be done with great care. You have to think carefully about what will be displayed because it can affect people.

Indeed, Deddy Corbuzier after the controversy arose, revoked the show and apologized. But it must be remembered, Deddy Corbuzier's podcast has quite a large subscriber. Reached 11 million. So showing a married gay couple may be considered as making it normal or even teach. However, this is something that is distorted. Everyone has human rights and is free to express opinions, but the prevailing norms must be respected. Especially if what is displayed is something that is prohibited.