UNIFIKASI : Jurnal Ilmu Hukum, p-ISSN 2354-5976, e-ISSN 2580-7382

Volume 05 Nomor 02, July 2018 https://journal.uniku.ac.id/index.php/unifikasi

Human Rights Implementation in the Means of Social Control on

Lesbian Gay Biseksual Transgender (LGBT)
in Indonesia
Desvia Winandra, Maria Eleonora Novena Pritasari and Silmina Azyyati
Faculty of Law, University of Tarumanagara, Indonesia
E-mail : [email protected]

How to cite : Winandra, Desvia; Maria Eleonara Novena Pritasari; Silmina Azyyati. (2018). Human Right
Implementation in the Means of Social Control on Lesbiam Gay Biseksual Transgender (LGBBT) in
Indonesia . UNIFIKASI : Jurnal Ilmu Hukum, 5(2), 112-118. DOI : 10.25134/unifikasi.v5i2.1160
Submitted : 05-5-2018 Revised : 02-08-2018 Accepted : 29-08-2018

Abstract : Human rights applied in Indonesia do not conflict with Pancasila, the 1945 Constitution and religion,
and are relative-particularistic. All citizens have the basic rights to freedom. However, the freedom they possess
has limits that apply to all citizens without exception, including for lesbian, gay, bisexual, and transgender
(LGBT) people. The purpose of this research is to analyze the treatment and views of the society and the
implementation of human rights on lesbian, gay, bisexual, and transgender. The method used was non-doctrinal
research method. The results of the research showed that the presence of LGBT people is still accepted, but their
behavior is not acceptable in society. In conclusion, human right is basically the basic right that every human
being has from the womb, born until his death and this right is irrevocable for any reason, except by the Almighty
God as the Creator. Indonesia strictly forbids LGBT because it is not in accordance with Pancasila and
contradicts with Indonesian cultural values. Yet, in Human Rights Law context, LGBT should get the same rights
as other citizens. Human Rights Law in Indonesia protects all citizens’ rights, without exception, especially their
civil rights.
Keywords: Human rights; social control; LGBT

Implementasi Hukum Hak Asasi Manusia dalam Sarana Kontrol Sosial terhadap Pelaku
Lesbian Gay Biseksual Transgender (LGBT) di Indonesia
Abstrak : Hak Asasi Manusia (HAM) yang berlaku di Indonesia tidak bertentangan dengan Pancasila, Undang
Undang Dasar 1945 dan agama, serta bersifat partikularistik relatif. Semua manusia memiliki hak asasi atas
kebebasan. Namun, kebebasan yang dimiliki memiliki batas-batas yang berlaku bagi semua orang tanpa
terkecuali, termasuk bagi kaum lesbian, gay, biseksual, transgender (LGBT). Tujuan penelitian ini yaitu
merumuskan perlakuan dan pandangan masyarakat serta implementasi hukum hak asasi manusia terhadap lesbian,
gay, biseksual, transgender. Metode penelitain yaitu mengunakan penelitian non doktrinal. Hasil dari penelitian
yang diperoleh menyatakan bahwa kaum LGBT kehadirannya masih diterima tetapi perilaku mereka tidak dapat
diterima di dalam masyarakat. Simpulan yaitu bahwa Pada dasarnya hak asasi manusia merupakan hak dasar yang
dimiliki setiap manusia sejak dalam kandungan, lahir sampai kematiannya yang tidak dapat dicabut dengan alasan
apapun juga kecuali oleh Tuhan Yang Maha Esa sebagai penciptanya. Indonesia melarang keras LGBT karena
tidak sesuai dengan Pancasila dan bersimpangan dengan nilai budaya Indonesia, tetapi dalam konteks Hukum Hak
Asasi Manusia, LGBT seharusnya mendapatkan hak yang sama dengan masyarakat lain. Hukum Hak Asasi
Manusia di Indonesia melindungi seluruh hak masyarakatnya, tanpa terkecuali, terutama hak sipilnya.
Kata Kunci: Hak Asasi Manusi;, Kontrol Sosial; LGBT

INTRODUCTION their lives. The main focus of human rights is

human life and dignity.1
Basically, human right (HAM) is the
There are two views on human rights,
basic right that every human being has from the
namely human rights as universal rights and
womb, born until his death and this right is
human rights as relative or particular rights.
irrevocable for any reason, except by the
Human right as a universally applicable law is
Almighty God as the Creator. Human right is a
declared in the Declaration of Human Rights in
crystallization of various value systems and
1948, while human right as a positive law is
philosophies about humans and all aspects of
1
Riyadi, Eko. 2018. Hukum Hak Asasi Manusia Perspektif
Internasional, Regional dan Nasional. Cetakan Pertama. Jakarta:
PT Raja Grafindo Persada. pp 25.

112
UNIFIKASI : Jurnal Ilmu Hukum, p-ISSN 2354-5976, e-ISSN 2580-7382
Volume 05 Nomor 02, July 2018 https://journal.uniku.ac.id/index.php/unifikasi

applied Indonesia, as an addition to human (2) which states that every person has the right
rights contained in international documents, to freedom of belief, expressing thoughts and
which considers the values existing in society. 2 attitudes in accordance with his conscience.6
Based on Article 1 paragraph (1) of This regulation has become one of the factors
Law Number 39 of 1999 concerning Human supporting Indonesian citizens to be lesbian,
Rights, Human Right (HAM) is defined as a set gay, bisexual and transgender.
of rights inherent in the nature and existence of However, this view is wrong because
humans as beings of God Almighty and is a gift even if a person is given the right to freedom,
that should be respected, upheld and protected the freedom is regulated in law and the contents
by the state, law, government, and everyone for should not conflict with the values of Pancasila
the honor and protection of human dignity.3 and religion.
From the definition, it can be concluded that Human rights and human beings are
human rights adopted in Indonesia are two things that cannot be separated. Human
particularistic because human rights are defined rights do not look at someone’s race, ethnicity,
as a gift from God that prioritizes the social religion, and gender so that even if the person is
values in society’s life which is relative in gay, lesbian, bisexual or transgender, he still
nature. has the same rights as the others. The rights
Pancasila is the basis of the Republic of listed in the Act also apply to transgender
Indonesia so that all regulations in Indonesia people. For example, Article 28 A of the 1945
are guided by Pancasila. Besides, Indonesia is Constitution states that everyone has the right
also guided by the 1945 Constitution. Thus, to live and has the right to defend his life so
Human rights applied in Indonesia should not that even if the person is an LGBT, his right to
conflict with the values in Pancasila and the live should be protected.7 In addition, Article
1945 Constitution. 28 J paragraph (1) of the 1945 Constitution
Currently, human rights as states that humans have the right to live, the
particularism are being replaced by universal right not to be tortured, the right to freedom of
human rights because "in modern human rights thought and conscience, the right to be
concept, the influence of liberalism can be seen recognized as a person before the law, and the
in passive civil rights, namely individual right not to be prosecuted on the basis of law.
freedom from state interference".4 One of the contents of the Hensilki
LGBT does not correspond to the Final Act of 1975 is equality and the right to
image of Indonesian people so that its presence determine oneself. Then, in the Yogyakarta
becomes a controversy and creates opposition. Principles, it is stated that "sexual orientation
Many LGBT people are starting to openly show refers to one’s capacity to bring emotional,
themselves. “The lesbian, gay, bisexual, and sexual and feelings of interest to others, as well
transgender (LGBT) phenomenon has become a as intimate and sexual relations to other people
widely discussed issue in Indonesian society of different gender or same or more than one
with the rise of promotion or advertisement of types of gender".8 In France Constitution, it was
LGBT on social media. Recruitment then added and expanded in 1793 and 1848 as
propaganda by LGBT people has been spread well as in the constitution of 1793 and 1795.
on various social media, even LGBT groups This revolution was initiated by great thinkers,
have also spread to campuses, schools and such as J.J. Rousseau, Voltaire, and
other public places”5. Montesquieu. The human rights concluded in
In the 1945 Constitution (UUD 1945), the declaration include:9
freedom is regulated in the 1945 Constitution 1. Humans are born independent and remain
Amendment II, namely Article 28 E Paragraph independent.
2. Humans have the same rights.
2
Kunto. Hak Asasi Manusia dan Polri. Jakarta: Cipta
Manunggal,1997. pp 105-106.
3 6
Indonesia, Undang-Undang Nomor 39 Tahun 1999 tentang Hak UUD 1945 Amandemen II Pasal 28 E tentang Hak Asasi
Asasi Manusia, Pasal 1 Manusia
4 7
Riyadi, Eko. 2018. Hukum Hak Asasi Manusia Perspektif UUD 1945 Amandemen II Pasal 28 J tentang Hak Asasi
Internasional, Regional dan Nasional. Cetakan Pertama. Jakarta: Manusia
8
PT Raja Grafindo Persada. Pp. 32 Alkatiri, Zefri. Belajar Memahami HAM, pp. 38
5
Rustam Dahar Karnadi Apollo Harahap, “ LGBT Di Indonesia: 9
Asmini, Yuli dkk. 2015 .The Yogyakarta Principles, Prinsip-
Perspektif Hukum Islam, HAM, Psikologi dan Pendekatan Prinsip Pemberlakuan Hukum HAM Internasional dalam
Maṣlaḥah “ dalam jurnal Al Hakam, Volume 26, Nomor 2, Kaitannya dengan Orientasi Seksual dan Identitas Gender.
Oktober 2016.pp.34-43. Jakarta: Komnas HAM..pp.ix.

113
UNIFIKASI : Jurnal Ilmu Hukum, p-ISSN 2354-5976, e-ISSN 2580-7382
Volume 05 Nomor 02, July 2018 https://journal.uniku.ac.id/index.php/unifikasi

3. Humans are free to do something without because it clearly deviates from Pancasila
harming others. which is the basis of the state. A few people
4. Humans are free to decide their religion and even assume that LGBT is a disease that can
belief. cause human extinction and destroy the nature
5. Humans are free to express their views. of family and human.
These international documents become In Indonesia, there are several cases
the basis for the development of LGBT in regarding LGBT. One of the cases that has been
Europe, which later become the basis for the widely discussed and highlighted by foreign
development of LGBT in Indonesia. As an media is the gay party held on Sunday, May 21,
adherent of relative-particularistic human 2017 in Kelapa Gading area, North Jakarta. The
rights, Indonesia opposes LGBT, but the police spokesman, Agus Yuwono, confirms that
absence of regulations governing LGBT makes 141 people including the owner and several
LGBT cannot be legally prohibited. perpetrators have been arrested for questioning
The development of lesbian, gay, and sentenced under the pornography law
bisexual, and transgender people raises the pros applied in Indonesia. 10
and cons of various circles in Indonesia, many For the majority of the people, the
of them think that it is something that deviates incident is a disgrace that needs to be
from the personality of Indonesian nation. immediately addressed and become a serious
As a legal citizen, lesbian, gay, problem for the country. Yet, on the other hand,
bisexual, and transgender people have rights they still have the right to be protected as legal
that should be recognized by the government. citizens. Thus, regarding the background
Yet, what they want is not what they get. LGBT described above, the problem discussed in this
people often experience sexual discrimination research is formulated into the following
as well as being underestimated and even questions:
considered inappropriate to live in the midst of 1. What are the treatment and view of the
society by some people who claim to be anti society towards transgender bisexual
LGBT because they are not in accordance with lesbian gay (LGBT) in Indonesia?
moral and religious values. 2. How is the implementation of human rights
This refusal makes LGBT people feel law as a means of social control over
that their basic rights are disturbed and transgender bisexual lesbian gay (LGBT) in
obstructed. The regulations made by certain Indonesia?
agencies that refuse LGBT workers and
community leaders who have protested against METHOD
the presence of LGBT people as well as scorn
The research method used by the
from the community make LGBT people feel
author is a non-doctrinal research method. The
that their position is threatened in their own
data used in this study is secondary data,
country. Even though they should have the
namely primary legal material starting from the
right to be free from torture or cruel, inhumane
1945 Constitution, secondary legal material in
treatment, and humiliation of their level and
the form of journals, theses, previous studies
human dignity.
and relevant references.
In the name of human rights, LGBT
perpetrators, adherents, and victims demand the
RESULTS AND DISCUSSION
government to abolish sexual discrimination
The treatment and view of the society
against gender identity and fulfill their basic
towards LGBT in Indonesia
rights. By looking at the reality, LGBT people
often get different treatment from others, such Article 28A to Article 28J of the 1945
as in education and employment, since there are Constitution concerning Human Rights and
certain conditions that cannot be fulfilled by Law Number 39 of 1999 concerning Human
LGBT people. This is what LGBT demands on Rights regulate human rights that apply to all
the government regarding their basic rights as citizens regardless of race, ethnicity and
citizens. religion as stated in Law Number 38 of 1999
In western countries, such as Mexico, Article 33 paragraph (1) that "Everyone has the
Portugal, England and others, LGBT is a
common thing because it is legalized. Yet, it is 10
The Guardian, Indonesian Police Arrest More than 140 Men at
different from Indonesia where LGBT is taboo Alleged Gay Sauna Party. Accsessed on 15 April 2018

114
UNIFIKASI : Jurnal Ilmu Hukum, p-ISSN 2354-5976, e-ISSN 2580-7382
Volume 05 Nomor 02, July 2018 https://journal.uniku.ac.id/index.php/unifikasi

right to be free from torture, punishment or From the data, it can be seen that the
cruel, inhumane treatment, and humiliation of majority of the society refuse LGBT. However,
his level and human dignity".11 If viewed from 57% of the respondents state that LGBT has the
the perspective of positive law in Indonesia, right to live. Thus, although the majority of the
LGBT people are also humans who have an respondents reject LGBT, they also recognize
identity with a National Identity Card as a legal the right to live for LGBT.
citizen in Indonesia. This shows that they According to the results of a research
should get legal protection and have the same from the Ministry of Women's Empowerment
rights before the law. and Child Protection at Health Research Center
However, in relation to the fulfillment of the University of Indonesia, it is stated that
of these rights, the Act is also used as a tool in "People have an initial impression of LGBT as
determining the limitations of human rights in contagious and some other informants see
Indonesia. As stated in Article 28J paragraph LGBT as a deviation. Other informants see
(2) of the 1945 Constitution that in applying LGBT as a social disease because it contradicts
their rights and freedoms, everyone is obliged or violates the religious norms and values
to be obedient to the limitations set by the Act adopted by the majority of people in Indonesia.
with the purpose of guaranteeing recognition There are also informants who see LGBT as a
and respect for other people’s rights and group of people who are different from people
freedoms and fulfilling the demands in in general. Yet, they cannot express it because
accordance with moral values, religious values, it is limited by environmental rules. Informants
security, and public orderliness in a democratic who refuse the existence of LGBT argue that
society. This article clearly shows that they are contrary to religious values. For
Indonesian nation adheres to a particularistic- informants who refuse LGBT, they tend to
relative view of human rights in which there are criticize or isolate the presence of LGBT. In
limitations in obtaining human rights in contrast, informants who accept the presence of
accordance with the religious and cultural LGBT argue that at this time, the society has
values that live in society. had sufficient knowledge and understanding of
In reality, the presence of LGBT LGBT so that they do not discriminate against
people is still accepted to live in the midst of LGBT. The majority of informants, although
society, only their behavior that makes people they are not comfortable with the presence of
think that they do not deserve to live in the LGBT, do not complicate it as long as they can
midst of society. The acceptance or the refusal behave well in the community."13
of LGBT perpetrators, victims, and adherents There are several views on human
and their behavior is still a polemic in society. rights law in Indonesia concerning LGBT, as
It is proved by a survey conducted by Saiful follows:
Mujani Research Center (SMRC) on December 1. According to the Indonesian Council of
2017 which shows that: 12 Ulama (MUI), ”The argument is clear that
a. 58.3% of respondents have heard about LGBT people want to be recognized,
LGBT. accepted, and respected as a free
b. Of the respondents who know about LGBT, community, while the noble values, culture
41.4% feel that LGBT is very threatening; and life view of the nation are marginalized
46.2% feel quite threatening; 9.4% feel in the name of human rights.” 14
non-threatening; 1.4% feel very non- 2. According to Allan Fatchan Gani
threatening; and 1.6% do not know/do not Wardhana , "First, if we look at Article (1)
answer. of Law Number 39 of 1999 concerning
c. 34% of the respondents strongly agree that Human Rights, Human Right is a gift from
gay and lesbian are prohibited by religion; God and it is the rights that humans have
47.5% agree; 4.7% disagree; 3.9% strongly solely because they are human. Then, the
disagree; and 9.9% do not answer/ do not
know. 13
Damayanti, Rita. 2015. “Pandangan Masyarakat terhadap
Lesbian, Gay, Biseksual dan Transgender (LGBT) di Jakarta,
Bogor , Depok dan Tangerang”. Dalam Laporan Kajian
Kementrian Pemberdayaan Perempuan dan Perlindungan Anak
Anak Pusat Penelitian Kesehatan Universitas Indonesia. pp 26.
11
UUD 1945, Undang - Undang Nomor 38 Tahun 1999 Pasal 33 www.kemenpppa.go.id
12
Anonim, “Survei SMRC 41 Persen Warga Indonesia Tolak Hak 14
Gani, Allan Fatchan. 2016. “LGBT, HAM & Pandangan
Hidup LGBT”. www.tirto.id, 25 Januari 2018. Hidup Bangsa”. Dalam Kompasiana. 20 Februari. pp 1.

115
UNIFIKASI : Jurnal Ilmu Hukum, p-ISSN 2354-5976, e-ISSN 2580-7382
Volume 05 Nomor 02, July 2018 https://journal.uniku.ac.id/index.php/unifikasi

principles of humanity and deity apply. The administration. Thus, social control aims to
grace of God that creates people in pairs achieve harmony between stability and change
with the opposite sex has become a in society. From its nature, social control is
standard in any religion. Thus, if we like preventive or repressive. Preventive is an effort
people with the same sex, we clearly insult to prevent disturbances in certainty and justice,
His grace and violate the nature of while repressive efforts aim to restore the
humanity. Besides, in Indonesia, the human harmony between legal with society. The
rights applied are not individual human process of social control can be carried out
rights which only protect personal or one without violence or coercive.18
group’s interests, but they are communal According to Roscou Pound's theory,
human rights which protect the wider social control is needed to strengthen the
community interests. The accent point is civilization of human society because it
communal human rights, not individuals. controls anti-social behavior which contradicts
We cannot equate our human rights to the rules of social order. The law, as a social
concepts with western human rights or the control mechanism, is the main function of the
rights of other countries. If we look at state and works through the application of
Article 28J paragraph (2), moral forces carried out systematically and regularly
considerations, religious values, and public by the agents appointed to perform that
orderliness should be the basis for function. However, Pound adds that law is not
prohibiting propaganda and LGBT legality enough. It needs support from family,
efforts."15 "Secondly, LGBT is not only education, morals, and religion. Law is a
about human rights issues, but it also about teaching system with ideal and empirical
the noble values, culture and view of the elements which combines natural law and
nation. Bringing the LGBT debate only into positivistic theory.19 Roscoe Pound is the first
a human rights issue will only lead to a legal expert to analyze jurisprudence and social
flawed and incomplete analysis."16 sciences methodology.
"Thirdly, in living in a community, nation According to Soerjono Soekanto's
and state, Pancasila has been agreed upon theory, law as a tool or means of social control
and in the end, the people rely on Pancasila. can be used as an agent of change. As an agent
By looking at history, Pancasila is of change, leader has gained the trust from the
formulated as a dynamic consensus as well society to lead them in changing the social
as a guiding star which leads the nation in system in carrying out the things related to
achieving its goals. However, the existence changes in social institutions. This desired
of LGBT phenomenon is in contradiction to social change is under legal control and
Pancasila meaning that it is contrary to the supervision as an agent of change.
culture, noble values, and the life view of As a social control, law has a role to
the nation. Yet, the State should treat control the society’s behavior, especially in
LGBT people fairly because they are fulfilling their rights and obligations. In
citizens who have the right to be protected fulfilling these rights, not all rights can be
from violence and oppression. In addition, fulfilled since there are certain rules that limit
by continuing to treat LGBT people fairly those rights. If we look at LGBT issue that is
is also in accordance with the word of God widely discussed, the law has not really become
and do not make hatred on an unfair an agent of change because the law itself has
behavior."17 not followed the society’s development.
As a means of social control, law has
The role of human rights law as social the duty to keep the community in the accepted
control in Indonesia patterns of behavior. Law can be seen as a
formal juridical activity. In this view, it is seen
To meet the society’s needs, there is a
as an activity to formulate in an orderly manner
need to formulate law as a social control of the
society which is then interpreted as a supervisor
by the society towards government’s
18
Iriani, Dewi. “Hukum Sebagai Alat Kontrol Sosial dan Sistem
Supremasi Penegakan Hukum”
15
Ibid., pp 1. 19
Lathif, Nazaruddin. “Teori Hukum Sebagai Sarana atau Alat
16
Ibid., pp 1. Untuk Memperbaharui atau Merekayasa Masyarakat”. (Pakuan :
17
Ibid., pp. 1. FH Pakuan, 2017), pp. 77.

116
UNIFIKASI : Jurnal Ilmu Hukum, p-ISSN 2354-5976, e-ISSN 2580-7382
Volume 05 Nomor 02, July 2018 https://journal.uniku.ac.id/index.php/unifikasi

according to a predetermined procedure and the to fulfill fair conditions in terms of decency,
society’s will.20 order and general welfare in a democratic
In Article 292 of the Criminal Code society.24 Basic obligations owned by someone
(KUHP), it is stated that adults who commit (including LGBT people), as a form of respect
obscene acts with other people of the same sex, for other people’s rights which can also be
who they know or should be supposed to be interpreted as a limitation on a person's human
immature, are threatened with a maximum rights, should be determined based on law as
imprisonment of five years. This regulation regulated in Article 70 and 73 of Law Number
proves that same-sex relationships are 39 of 1999.25
prohibited in law and can even be subject to
criminal acts.21 CONCLUSION
National Commission on Human
Based on the discussion, it can be
Rights (Komnas HAM), Natalius Pigai, says
concluded that human right is basically the
that the state has an obligation to protect
basic right that every human being has from the
Indonesian citizens regardless of type,
womb, born until his death and this right is
ethnicity, religion, race, or minority groups and
irrevocable for any reason, except by the
vulnerable groups (meaning vulnerable to
Almighty God as the Creator. The human rights
violence). The state has an obligation to fulfill
adopted in Indonesia are particularistic because
human rights of all Indonesian citizens
human rights are attached as a gift from God
regardless of ethnicity, religion, including
that prioritizes the social values in society’s life
minorities and vulnerable groups as well as
which is relative in nature.
LGBT.22 Although LGBT is not legalized in
Human rights in Indonesia apply
Indonesia, LGBT people’s rights in Indonesia
universally to all citizens, regardless of social
should be protected, there are even regulations
and economic status and gender. Today, LGBT
regarding the protection of the rights. "The
case in Indonesia is being opposed by the
protection that should be guaranteed and given
society. LGBT people get improper treatment
in this LGBT context from a human rights
even some of their rights must be seized.
perspective is the protection of their human
Besides, there are also various forms of
rights in the form of health insurance to be able
discrimination that make LGBT people have
to recover from the disease, as declared in
difficulty in living their lives. If viewed from a
Article 25 of Human Rights Document
human rights perspective as relative-
(DUNHAM)".23
particularistic, it is clear that Indonesia strictly
Thus, it can be concluded that LGBT
forbids LGBT because it is not in accordance
people need to get their human rights in the
with Pancasila and contradicts with Indonesian
form of guarantee of care or treatment of the
cultural values. Yet, in Human Rights Law
LGBT disease. It is not about recognizing or
context, LGBT should get the same rights as
legalizing their deviant sexual orientation. On
other citizens. Human Rights Law in Indonesia
the other hand, in addition to human rights of
protects all citizens’ rights, without exception,
LGBT people, there is also Human Rights
especially their civil rights.
Obligations (KAM) that should be obeyed by
everyone as stated in Article 29 paragraph (1
SUGGESTION
and 2) of DUNHAM, namely: (1) Everyone has
an obligation to the society where he can Based on these conclusions, it is clear
develop his personality freely and fully; and (2) that the role of government and society has a
In applying their rights and freedoms, everyone great effect in overcoming LGBT cases in
should be obedient to the limitations set by the Indonesia. Society, as the biggest component
law which aims to guarantee the recognition that surrounds the perpetrators or adherents of
and respect for others’ rights and freedoms and LGBT, should embrace them to recognize and
be obedient to the basis of the state namely
20
Rahardjo, Satjipto. Hukum dan Masyarakat, pp.117 Pancasila and the moral values contained
21
22
Kitab Undang-Undang Hukum Pidana Pasal 292 therein, and do not isolate and make them feel
Pigai, Natalius. "LGBT Marak, Apa Sikap Kita?" dalam diskusi depressed. Meanwhile, the role of the
Indonesian Lawyer's Club (ILC) di TV.ONE, 16 Februari, 2016.
23
Harahap, Rustam Dahar Karnadi Apollo. “ LGBT Di Indonesia:
Perspektif Hukum Islam, HAM, Psikologi dan Pendekatan
Maṣlaḥah “ dalam jurnal Al Hakam, Volume 26, Nomor 2, 24
Ibid., pp.236
25
Oktober 2016 UU No. 39 Pasal 70 dan 73

117
UNIFIKASI : Jurnal Ilmu Hukum, p-ISSN 2354-5976, e-ISSN 2580-7382
Volume 05 Nomor 02, July 2018 https://journal.uniku.ac.id/index.php/unifikasi

government is to provide rehabilitation centers Legislations

for lesbian, gay, bisexual, and transgender Republik Indonesia, Undang Undang Dasar
(LGBT) people. It is because, medically, LGBT 1945
is a disease that can still be cured by Kitab Undang-Undang Hukum Pidana (KUHP)
rehabilitation, like drug rehabilitation centers. If Republik Indonesia, Undang-undang Nomor 39
the perpetrator has passed his rehabilitation Tahun 1999 tentang Hak Asasi Manusia
period, he is returned to the society to be able to
carry out their social functions in a society. In Papers, Scientific Journals, Articles, and
addition, the role of the community is also Dictionaries
needed to receive them back into society. Poor Anonim, “Survei SMRC 41 Persen Warga
people's view of them will only make them feel Indonesia Tolak Hak Hidup LGBT”.
isolated and deviate from cultural, religious and www.tirto.id, 25 Januari 2018.
norms values in that society. Therefore, a Budiman, Haris. (2017). “Pelanggaran Hak
strong cooperation between government and Asasi Manusia dalam Kebijakan Daerah
society is needed to fight LGBT. di Bidang Tata Ruang di Kabupaten
Kuningan”. Dalam Jurnal Unifikasi, 1
REFERENCES Januari.
Books Damayanti, Rita. (2015). “Pandangan
Alkatiri, Zefry. (2010). Belajar Memahami Masyarakat terhadap Lesbian, Gay,
HAM. Cetakan Pertama. (Jakarta: Ruas, Biseksual dan Transgender (LGBT) di
2010) Jakarta, Bogor, Depok dan Tangerang”.
Asmini, Yuli dkk. (2015) .The Yogyakarta Dalam Laporan Kajian Kementrian
Principles, Prinsip-Prinsip Pemberdayaan Perempuan dan
Pemberlakuan Hukum HAM Perlindungan Anak Anak Pusat
Internasional dalam Kaitannya dengan Penelitian Kesehatan Universitas
Orientasi Seksual dan Identitas Gender. Indonesia.
Jakarta: Komnas HAM. Gani, Allan Fatchan. (2016). “LGBT, HAM &
Lathif, Nazaruddin. (2017). Teori Hukum Pandangan Hidup Bangsa”. Dalam
Sebagai Sarana atau Alat Untuk Kompasiana. 20 Februari.
Memperbaharui atau Merekayasa Harahap, Rustam Dahar Karnadi Apollo.
Masyarakat. (Pakuan : FH Pakuan, (2006). “LGBT di Indonesia: Perspektif
2017). Hukum Islam, HAM, Psikologi dan
Qamar, Nurul dkk. (2016). Sosiologi Hukum Pendekatan Maṣlaḥah”. Dalam Jurnal:
(Sociology of Law). Jakarta: Penerbit AL-AHKAM Volume 26, Nomor 2,
Mitra Wacana Media. Oktober 2016.
Rahardjo, Satjipto. 1980. Hukum dan Iriani, Dewi. (2011) “Hukum Sebagai Alat
Masyarakat. Bandung: Penerbit Kontrol Sosial dan Sistem Supremasi
Angkasa. Penegakan Hukum”. Justicia Islamica:
Riyadi, Eko. (2018). Hukum Hak Asasi Jurnal Kajian Hukum dan Sosial. 8(1).
Manusia Perspektif Internasional, Pp.139-149.
Regional dan Nasional. Cetakan Katumiri. (2016). “Diskriminasi Kaum LGBT
Pertama. Jakarta: PT Raja Grafindo di Jakarta”. Dalam Jurnal Suara Kita. 21
Persada. Desember.
Soekanto, Soerjono. (1982). Pengantar Octaviani, Zahrotul. (2018). “Pasal tentang
Sosiologi Hukum. Cetakan ke-2. Jakarta: LGBT di RUU KUHP sedang Dibahas
CV Rajawali. DPR”. Dalam Republika. 21 Januari,
Soekanto, Soerjono. (2014). Pokok-Pokok Jakarta.
Sosiologi Hukum. Cetakan ke-23. Depok: Pigai, Natalius. (2018) "LGBT Marak, Apa
PT Rajagrafindo Persada. Sikap Kita?" dalam diskusi Indonesian
Soekanto, Soerjono dan Mustafa Abdullah. Lawyer's Club (ILC) di TV.ONE, 16
(1982). Sosiologi Hukum dalam Februari, 2016.
Masyarakat. Cetakan ke-1 . Jakarta: CV Santoso, Meillany Budiarti. (2016). LGBT
Rajawali dalam Perspektif Hak Asasi Manusia.
(Share: Social Work Jurnal. 6(2).pp.220-
229.

118