When Mahfud MD Proposes A Prohibition Of LGBT Law, But The DPR Doesn't Think It's Urgent

Illustration/Photo: Antara

JAKARTA - The content of lesbian, gay, bisexual, and transgender (LGBT) broadcast on Deddy Corbuzier's YouTube has been flooded with public criticism. Until there was a proposal regarding the rule of law for the practice of LGBT because it is prohibited in Indonesia.

In response to this, Member of Commission III of the DPR from the PKB faction, Jazilul Fawaid, assessed that the legal umbrella for regulating LGBT behavior was not urgent.

"Indeed, there is no specific legal regulation regarding LGBT. However, it is not urgent to create a legal umbrella. Let culture and education prevent this behavior," Jazilul told reporters, Wednesday, May 11. However, the Deputy Chairperson of the MPR said that LGBT behavior is against the ethics and morals of the nation. According to Jazilul, anyone who shows and broadcasts LGBT content will face society.

"In our opinion, LGBT behavior is contrary to Indonesian ethics, morals, and culture, and is even considered deviant behavior. Therefore, anyone who shows and broadcasts LGBT behavior will face the majority of the community," said the PKB vice president.

Previously, Coordinating Minister for Political, Legal, and Security Affairs (Menko Polhukam) Mahfud MD encouraged the DPR to enact a law prohibiting the practice of lesbian, gay, bisexual, and transgender (LGBT) and adultery. In fact, he proposed rules related to it since 2017.

Mahfud proposed that religious moral values be included in the Criminal Code (KUHP). However, he said, the proposal has not been accepted as law until now. "It was a proposal to the DPR which at that time (2017) was noisy about the crime of adultery and LGBT. Those are religious moral values that we have proposed to the Criminal Code. But until now the proposal has not been accepted as law and only applies as a religious and moral rule," said Mahfud via his personal Twitter, Wednesday, May 11. Therefore, according to Mahfud, both LGBT groups and those who broadcast broadcasts have not been prohibited by law in Indonesia.

"Would you like to be charged with Law number, Deddy, and LGBT actors? The values of Pancasila have not all become law. Now, LGBT and their broadcasters have not been banned by law. So this is not a legal case," said Mahfud.

Mahfud explained that 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 are just autonomous sanctions or moral sanctions.

"Such as public insults, exclusion, shame, feeling guilty, and others. Autonomous sanctions are moral and social sanctions. Many religious teachings have not become law," he said.

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 "Adults who commit obscene acts with other people of the same sex, who are known to or should be suspected of being immature, are threatened with imprisonment of at most five years."

"If you are a lesbi/gay adult, what is the threat of punishment? No, right? If we punish without a 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," he concluded.