Abstract
Gay and lesbian behavior has entered and developed in Aceh in the aftermath of the 2004 tsunami. As an area that is implementing Islamic law, the issue has become the focus of the community, religious scholarships, and the Aceh Government. Since Qanun Jinayah No. 6 of 2014 applies, there are only 3 (three) liwath cases which were tried with caning by the Syar'iyah Court of Banda Aceh City. The results of law enforcement research on liwath (gay) and Musahaqah (lesbi) perpetrators have not been able to provide a deterrent effect, because the more widespread this behavior develops in society. Additional sanctions should be proposed in the form of actions, such as counseling assistance, religious assistance, and social and health assistance. It is hoped that sanctions will change the behavior of gays and lesbians in terms of their sexual orientation.
Highlights
Indonesia guarantees freedom of expression to its citizens, as in the 1945 Amendment II, Article 28 E paragraph (2): "Everyone has the right to freedom of belief, to express thoughts and attitudes, according to their conscience"
Paragraph (3) states: everyone has the right to freedom of association, assembly and expression of opinion”
The phenomenon of LGBT has emerged in Indonesia, the 1945 Constitution does not prohibit these activities, Islamic law prohibits them
Summary
Indonesia guarantees freedom of expression to its citizens, as in the 1945 Amendment II, Article 28 E paragraph (2): "Everyone has the right to freedom of belief, to express thoughts and attitudes, according to their conscience". The phenomenon of LGBT (lesbian, gay, bisexual and transgender) has emerged in Indonesia, the 1945 Constitution does not prohibit these activities, Islamic law prohibits them (gay and lesbian behavior are known by two terms, namely liwath (gay) and sihaq (lesbian).[1] No exception Banda Aceh Province (which uses Islamic law) has been exposed to LGBT in question. In 2014, along with the specificity of Aceh Province in implementing Islamic law, Qanun Number 6 of 2014 concerning the Law of Jinayat, regulates the prohibition of acts liwath (gay) and sihaq (lesbian). How gay and liwath behavior can be categorized as criminal acts in Qanun No 6 of 2014 concerning the Law of the Law? What are the criminal sanctions contained in Qanun No 6 of 2014 can overcome Liwath and Musahaqah behavior?
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