Contradiction Between the Gender System in Indonesia’s Traditional Society and the over Criminalization of the People with Gender and Sexuality Varieties on the Indonesian Penal Code Draft

Abstract

As a diverse country, Indonesia has hundreds of existing traditional society or Masyarakat Hukum Adat, which have resulted in a big number of culture and tradition. Culture and traditions in Indonesia affect various layers of society, including people with gender and sexuality varieties, which are still considered as minorities. Examples of these results are traditional gender system in Bugis and gender depiction in Lengger Lanang dance. In Indonesia itself, there are legislations regulated in order to protect the rights of people with gender and sexuality varieties. However, the Indonesian Penal Code Draft will potentially over criminalize the community, in which the articles stated in the Penal Code will be able to persecute those who are in the community. The following article will provide brief description regarding gender and sexuality variety in Indonesia’s Traditional Society; the regulations that guarantee the lives of the people with gender and sexuality varieties; the brief description of Indonesian Penal Code Draft and its effect towards people with gender and sexuality varieties; the contradiction between the gender system in Bugis; the gender and sexuality portrayal in Lengger Lanang dance; and the comparison between existing legislation, the Indonesia Penal Code Draft, and gender and sexuality variety in Indonesian traditional society and culture. The objective of this article is to introduce the gender system in Indonesia’s traditional society, as well as analyzing its contradiction with the Indonesian Penal Code Draft and other existing legislations. The research methods used in this article are literature review and juridical normative analysis.