In December 2022, the Indonesian Parliament has passed a bill that in part criminalize sex outside of marriage for heterosexual sex if lodged by a complaint by closest family members. The spokesperson for the draft bill stated that, the draft bill will not criminalize private same-sex sexual acts of LGBTQ persons. Then
Coordinating Minister for Political, Legal, and Security Affairs of Indonesia, Mahfud MD said the new penal code did not criminalize same-sex sexual acts or LGBTQ acts when the new penal code was passed. It only targets at adults who does “sexual violence” or rape of underage children of the same-sex. At present, the current Penalich does not criminalize extramarital relations are still in force until 2026. Currently, unlike its neighbouring
Commonwealth country,
Malaysia, Indonesia does not explicitly have a
sodomy law. The national Penal Code does not prohibit non-commercial, private and consensual sexual activity between two consenting adults of the same-sex. A national bill seeking to criminalize same-sex sexual activity, along with
cohabitation,
adultery and the practice of
witchcraft, failed to be enacted in 2003 and no subsequent bill has been reintroduced. Indonesia allows one of its provincial government to establish specific
sharia-based laws, such as criminal sanctions for homosexuality. These local penalties exist in the province of Aceh, which has special autonomous status under Indonesian law and implements Islamic Sharia-based criminal law (). Under the 2014 , consensual same-sex sexual acts between adults are punishable by up to 100 lashes or up to 100 months (8 years) imprisonment. In 2015 two Muslim women were rehabilitated for hugging in public in
Banda Aceh, with a police official telling reporters that they "suspected the women were lesbians." Indonesia itself has allowed private and consensual sexual activity between members of the same sex since 1993, at an 18 years of age. The
Constitution does not explicitly address sexual orientation or gender identity. It does guarantee all citizens various legal rights, including equality before the law, equal opportunity, humane treatment in the workplace, religious freedom, freedom of opinion, peaceful assembly, and association. The government also has taken specific steps to censor films and other media content that is deemed to be "promoting" homosexuality. In 2016, the government announced plans to ban several websites and computer applications that promotes homosexuality. A survey conducted by
Pew Research Center in 2023 estimated that 95% of Indonesians oppose
same-sex marriage.
Calls for discrimination and criminalization The most active opposition against the recognition of LGBTQ rights in Indonesia has come from religious authorities and pressure-groups, especially
Islamic organisations.
Indonesian Ulema Council (
Majelis Ulama Indonesia or MUI) has made a statement, which stigmatised the LGBTQ population by declaring them "deviant" and an affront to the "dignity of Indonesia". Another example is the city of
Palembang which introduced jail and fines for homosexual sex (though the laws are disbanded as of 2020.) Under the law, homosexuality is defined as an act of "prostitution that violates the norms of common decency, religion, and legal norms as they apply to societal rule." The following acts are defined as acts of prostitution: homosexual sex, lesbian sex, sodomy, sexual harassment and other pornographic acts. In March 2015,
Indonesian Ulema Council (
Majelis Ulama Indonesia or MUI) issued a
fatwa, or religious edict, called for same-sex acts to be punished by caning, and in some instances, the
death penalty. The fatwa considers homosexuality a curable disease and says homosexual acts "must be heavily punished." In March 2016, amid a surge in anti-LGBTQ sentiments that began earlier in the year, parties like the
Prosperous Justice Party (PKS) and the
United Development Party (PPP) proposed an anti-LGBTQ bill aimed at banning LGBTQ rights activism and criminalizing LGBTQ behavior. Various politicians made statements against the LGBTQ community in following months that year. In 2017, two young
gay men (aged 20 and 23) were sentenced to being
caned in front of the public in the Aceh province. On 14 December 2017, the
Constitutional Court of Indonesia issued a 5–4 ruling rejecting a petition by the conservative
Family Love Alliance which sought to amend the Indonesian
Penal Code to make
gay sex and
sex outside of marriage illegal. There were three articles of the Indonesian Penal Code (KUHP) petitioned for review, namely article 248 on adultery, article 285 on rape, and article 292 on child abuse. Under article 292 of the Penal Code, child sexual abuse is a crime, both heterosexual or homosexual conducts. The petitioner sought to erase the term "underage" in article 292, in order to persecute all same-sex sexual conducts of all ages, including among consenting adults. Which meant the petitioner sought to criminalise homosexuality. The court rejected to amend the law and held that the issue was a matter of the
Indonesian legislature. Since January 2018, as part of revising the penal code, lawmakers have been working on a penal code draft. Despite the international criticism and the human rights organisations fears, if passed, the law would criminalise consensual sex between two unmarried people, cohabitation, adultery and rape. It will also enable lesbian, gay, bisexual or transgender people to be taken to court for their sexual orientation. In late September 2019, the outgoing
People's Representative Council's plan to pass the revised penal code (
RKUHP) was met with widespread student demonstrations on 23, 24 and 25 September 2019. The revision of the Penal Code (RKUHP) is increasingly discriminating against LGBTQ people. Article 421 (1) concerning obscenity explicitly mentions the same-sex acts: "Everyone who commits obscene acts against other people of the same sex in public is convicted with a maximum imprisonment of 1 year and six months or a maximum fine of category III." The explicit mention of "same sex" obscenity is feared triggering discriminatory treatment and will generate bylaws that particularly targeting LGBTQ people. As the response on this widespread opposition, the government have either postponed or intercepted this controversial revised penal code.
Arrests and detention by police In late November 2016, the
Islamic Defenders Front (FPI) tipped off police in
Jakarta that there was a "sex party". The police then raided the gay gathering, charging the men with violating the national law against pornography. In 2017, police launched multiple raids on
gay saunas under the pretext of pornography-related offences. In May 2017, 141 men were arrested for a "gay sex party" in the capital
Jakarta; ten were charged. On 21 May 2017, police detained 144 people in a raid on a gay sauna, Atlantis Gym Jakarta. The Indonesian Ulema Council made a statement that such activity is blasphemy against religion and an insult against Indonesian culture. The Head of Law Department of MUI stated that "What kind of logic that able to accept this kind of sexual deviation" and incorrectly stated that "even animals are not gay". Earlier in the same month, 14 men were arrested at a "gay party" in
Surabaya. Another raid took place in October 2017, when Indonesian police raided a sauna in
Central Jakarta popular with gay men, arresting 51 people, although only six were charged, including the spa owner. On 22 June 2025, police had conducted a raid on a gathering at a private villa, described as a "gay party," and arrested 75 people near the capital city of Jakarta. Police detained nine people following a raid on a "gay party" at a private hotel in South Jakarta on 24 May, while 56 individuals were detained for participating in "a gay party" in a raid on a different private hotel in South Jakarta on 1 February. On 11 August 2025, two men, aged 20 and 21, were sentenced to public caning for kissing. They were arrested in April after police broke into the toilet. In August 2025, three men suspected of creating a LGBTQ community page on Facebook have been arrested by police. If convicted, they could face up to 12 years in prisons and fines of up to 6 billion
Rp. On 19 October 2025, police in
Surabaya arrested 34 men accused of having gay sex and publicly paraded them through the streets in front of the press. Photos show the suspects barefoot and bound together at the wrists by zip ties being paraded in front of a press scrum on 22 October. ==Recognition of same-sex relationships==