JAKARTA - Deputy Chairperson of the Indonesian People's Consultative Assembly, Hidayat Nur Wahid, criticized the narrative that in a democracy the government cannot prohibit LGBT because there are no legal rules that prohibit or impose sanctions.
"If it is true that there is a legal void that is needed, as a state of law, the competent authorities will immediately fill it by making laws. It's not as if they are helpless," said HNW, Hidayat Nur Wahid's nickname, in a statement received in Jakarta, Thursday, May 12.
By making laws and regulations, the problem of a legal void will be answered.
HNW explained that the PKS faction in the Indonesian House of Representatives had proposed that sexual-related crimes not only contain elements of sexual “violence”, but also sexual crimes, such as infidelity and same-sex marriage, or deviant sexual behavior among LGBT people.
“Unfortunately, the anticipatory and constructive attitude and proposals of the FPKS are not supported by the other factions. It is also not supported by the government, so FPKS rejects the promulgation of the bill," said the PKS politician.
If the Government and the DPR do not want to amend the Sexual Violence (TPKS) Law as proposed by the FPKS, said HNW, they can also immediately discuss the Anti-Sexual Deviant Propaganda Bill which was championed by the Prosperous Justice Party (FPKS) faction in the long list of National Legislation Program (Prolegnas) 2020-2024.
VOIR éGALEMENT:
“Actually, this bill has been voiced by the chairman of the PKS faction since 2016. It's just a matter of how other factions in the DPR and the government are committed to prioritizing discussing and enacting this bill," he said.
HNW reminded that there are a number of laws, even though they are not lex specialis, but can be used to temporarily fill the 'legal void'. For example, Article 292 of the Criminal Code, the Pornography Law, and the ITE Law concerning crimes of decency or immoral rules.
"Those provisions apply to the general public. The Pancasila norms and general legal rules should be socialized as education for the community," said HNW.
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