Can LGBT Be Criminalized in Indonesia? Mahfud MD Explains Citing Russia Case

The possibility of imposing criminal sanctions on Lesbian, Gay, Bisexual, and Transgender (LGBT) behavior in Indonesia remains open, contingent upon the formation of a national legal consensus, according to former Coordinating Minister for Political, Legal, and Security Affairs Mahfud MD.

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The application of criminal law depends on what is called 'resultante' or an agreement between society and lawmakers.

Mahfud elaborated that the enforceability of any criminal law hinges on what he termed 'resultante,' or an agreement between society and lawmakers. Consequently, he stated, any proposal to criminalize LGBT behavior could only materialize if it garners adequate backing throughout the legislative process.

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In various countries, it is also strictly enforced, in Russia for example, it is the same, it is not allowed (LGBT). If in Indonesia, this law cannot be applied yet because it has not been agreed upon. Law is 'resultante,' law is an agreement.

His remarks came in response to calls from the Indonesian Ulema Council (MUI) for national laws to regulate and penalize LGBT behavior. Mahfud drew a parallel with countries like Russia, where strict prohibitions against LGBT propaganda and activities are in place due to an established national legal norm. In contrast, he noted, Indonesia continues to experience differing viewpoints on discussions surrounding social and moral issues, which has thus far prevented the creation of specific regulations.

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Countries like Russia can implement prohibitions against LGBT propaganda and activities because they have agreed-upon legal norms at the national level.