The Legal Politics of Criminalizing Homosexual Behavior from the Perspective of Indonesian Criminal Law

Abstract

Criminal law policy is a state instrument in determining criminalization policies for acts deemed to disrupt legal interests, public order, and prevailing values ​​within society. The debate over the regulation of homosexual behavior in Indonesia demonstrates differing views between moral values, religion, human rights, and positive law. On the other hand, Indonesian criminal law does not generally regulate homosexual behavior as a crime, thus giving rise to debate about the existence of a normative gap in providing legal certainty. This study aims to analyze the legal policy of criminalizing homosexual behavior from the perspective of Indonesian criminal law, examine the applicable positive legal regulations, compare them with several countries that still maintain criminalization or certain restrictions on same-sex relations, and formulate criminal law policy directions in accordance with the principles of the rule of law. This study uses a normative legal research method with a statute approach, a conceptual approach, and a comparative approach. The legal materials used include legislation, court decisions, scientific literature, and international legal documents. The results show that the debate over the regulation of homosexual behavior is closely related to the limits of criminalization in criminal law, the principle of legality, the protection of legal interests, and national legal policy. The experience of several countries shows that criminalization policies are influenced by constitutional values, public morality, religion, and their respective legal systems. Therefore, the development of criminal law policy in Indonesia must be based on rational, proportional criminalization principles that align with the values ​​of Pancasila, the constitution, and the objectives of national criminal law, thereby achieving legal certainty, justice, and benefit.