Recognition of same-sex unions in Indonesia

Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Indonesia does not recognise same-sex marriage or civil unions. Marriage laws forbid same-sex marriages and prevent the registration of marriages validly performed abroad.

Historical recognition of same-sex relationships

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Main article: Homosexuality in Indonesia

While there are no records of same-sex marriages as understood from a Western perspective being performed in pre-modern Indonesian cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. A gemblak (Javanese: ꦒꦼꦩ꧀ꦧ꧀ꦭꦏ꧀, pronounced [ɡ̊əmˈb̥lak]) is a young Javanese boy kept by an older man (warok, ꦮꦫꦺꦴꦏ꧀) during a period of sexual abstinence or during a heterosexual marriage. The role of the gemblak is closely tied to the Reog dance. Since heterosexual relations with women were regarded as "sapping the strength of the warok", he was allowed to have a young boy, usually between 8 and 16 years of age, to serve him sexually and play a part in the dance. The gemblak sometimes dressed in female clothing, often hailed from a poor rural family and also did domestic chores for the warok. This granted him and his family great social prestige.[1][2] Today, this custom is strongly discouraged by Muslim religious authorities. A similar structure existed among the Minang, where the older man (Minangkabau: induk jawi) took a male adolescent (anak jawi) as an emotional and erotic partner. The relationship included a clearly defined aspect of mutual trust and help, and continued until one of the men was ready to marry. Among the Madurese people, erotic and emotional relationships between two boys or teenagers were historically "common".[3]

The Bugis recognize five separate genders and their culture has traditionally viewed gender as existing on a spectrum, even after conversion to Islam in the 17th century. A bissu (Buginese: ᨅᨗᨔᨘ, pronounced [ˈbisːu]) is a person who "combines aspects of all genders to form a whole", often acting as a shaman.[4][5][6] In other cultures, some individuals were considered to fulfil a third gender role. They were "considered to be the union between male and female elements", a "unity perceived as the harmonious condition of the spiritual world", and often acted as shamans or healers. Among the Ngaju people, these gender non-conforming shamans are known as basir, among the Torajan as to burake tambolang,[7] and among the Pamona as tadu mburake. They "merged both males and females in their bodies as it symbolizes the dualism that represented the wholeness of life after death."[8] In Iban society, the manang bali "receive directives, through dreams, from the deity Menjaya Manang Raja to become shamans. They must obey, or face pain of death or madness. As part of responding to their spiritual calling, male-bodied individuals adopted the mannerisms, attire and lifestyle of women, even taking on male partners as husbands."[8][9][10] These shamans played "important roles in their communities", being honoured and admired, but "this tradition has diminished due to modern values and education brought by colonialism".[11]

Background

[edit]
Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression, not enforced
  Severe restrictions of association with arrests or detention
Same-sex sexual activity illegal
  Prison, not enforced
  Prison
  Death penalty on books, not enforced
  Enforced death penalty

Article 1 of the Law No. 1 of 1974 on Marriage (Indonesian: Undang-undang No. 1 Tahun 1994 Tentang Perkawinan) states that marriage is "a physical and spiritual bond between a man and a woman as husband and wife, having the purpose of establishing a happy and lasting family founded on the Belief in God Almighty".[12] Moreover, article 2 states that a marriage is only lawful if it is performed in accordance with the laws of the religions of the respective parties. Meanwhile, Indonesians who have entered into same-sex marriages abroad are not allowed to register their marriage in Indonesia.[13] Additionally, article 34(1) of the Law No. 23 of 2006 on Civil Administration obliges all marriages to be reported to the local authorities within 60 days, and states that "'marriage' can only be performed between a man and a woman".[14] Civil unions (Indonesian: persatuan sipil, pronounced [pərsaˈtu.an ˈsipɪl]) which would offer a subset of the rights and benefits of marriage, are also not recognized in Indonesia.[15]

The Constitution of Indonesia does not address same-sex marriage explicitly. Article 28B states:[16]

Every person shall have the right to establish a family and to procreate based upon lawful marriage.[a]

Following the legalization of same-sex marriage in the United States in June 2015, proponents, including singer Sherina Munaf, posted celebratory messages on social media and many highlighted their Facebook profile pictures with rainbow filters. This caused political backslash and controversy, with the Minister of Religious Affairs, Lukman Hakim Saifuddin, responding that Indonesia "could not accept" same-sex marriage. Writing for the Indonesia at Melbourne blog, Hendri Yulius wrote, "Under Suharto's New Order, anything that conflicted with the state ideology was considered foreign and a threat to Indonesian moral values and culture. The current generation is living with the legacy of this idea. We were educated to think that culture is fixed, that differences are threatening and alien, never mind the multiple interactions across cultures now possible in a globalised world. The democratic era has also provided more space for religious fundamentalism, which was strongly suppressed by the military regime. The dogmatic interpretations of religion presented by fundamentalist groups reinforce this idea of a static, unchanging culture."[18]

In 2016, police stopped a same-sex marriage ceremony from occurring in Wonosobo, Central Java, arguing that "such a ceremony violated the law and caused discomfort among local residents". In May 2024, pictures shared online of a double marriage ceremony in Wonosobo with both grooms sitting next to each other were misconstrued as being a same-sex marriage. The pictures led to an "explosion" of homophobic rhetoric on social media despite the fact that the ceremony consisted of two sisters marrying their male partners.[19] That same month, a same-sex couple was married in Central Halmahera, North Maluku by having one of the partners dress as a woman. The Regional Office of the Ministry of Religious Affairs requested that the marriage be annulled after discovering that both spouses were men, arguing that the ceremony "violate[d] religious and cultural sharia of the community".[20]

Public opinion

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An online polling conducted by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) in October 2016 found that 69% respondents were against the legalization of same-sex marriage, while 14% supported and 17% were neutral.[21]

A February–May 2023 Pew Research Center poll showed that 5% of Indonesians supported same-sex marriage (3% "strongly" and 2% "somewhat"), while 92% opposed (88% "strongly" and 4% "somewhat") and 3% were undecided or did not answer.[22] This level of support was the lowest among the six Southeast Asian countries polled, behind Vietnam at 65%, Thailand at 60%, Cambodia at 57%, Singapore at 45%, and Malaysia at 17%.[23][24]

See also

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Notes

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  1. ^ Indonesian: Setiap orang berhak membentuk keluarga dan melanjutkan keturunan melalui perkawinan yang sah.[17]

References

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  1. ^ Izharuddin, Alicia (2011). "Melancholic Masculinity and Representations of Traditional Homoeroticism in an Indonesian Novel". In Ramello, Stefano (ed.). Fascination of Queer. Oxfordshire: Interdisciplinary Press. pp. 69–78. ISBN 9781848880795.
  2. ^ Kartomi, Margaret J. (1976). "Performance, Music, and Meaning of Reyog Ponorogo". Indonesia. 22 (22): 85–130. doi:10.2307/3350979. hdl:1813/53628. JSTOR 3350979.
  3. ^ Oetomo, Dede; Emond, Bruce (1993). "Homosexuality in Indonesia" (PDF). Academia.edu.
  4. ^ Davies, Sharyn Graham (17 June 2016). "What we can learn from an Indonesian ethnicity that recognizes five genders". The Conversation. Retrieved 27 February 2019.
  5. ^ Graham Davies, Sharyn (2006). Challenging Gender Norms: Five Genders Among Bugis in Indonesia. Case Studies in Cultural Anthropology. Thomson Wadsworth. p. xi. ISBN 978-0-495-09280-3. OCLC 476076313.
  6. ^ Ibrahim, Farid M (27 February 2019). "Homophobia and rising Islamic intolerance push Indonesia's intersex bissu priests to the brink". Australian Broadcasting Corporation News. Archived from the original on 27 February 2019. Retrieved 27 February 2019.
  7. ^ Haryanto Lebang, Audy (2020). To Burake Tambolang, Perubahan Peran To Burake Tambolang Dalam Ritual Ma'bua Di Tana Toraja (Thesis) (in Indonesian). Satya Wacana Christian Universit.
  8. ^ a b Prastiwi, Elis (March 2022). "A Critical Discourse Analysis On LGBT On Republika Online News Articles". Ethnolingual. 5 (1): 48–70. doi:10.20473/etno.v5i1.33943.
  9. ^ Goh, Joseph. "A Divinely-Inspired Gender: The Manang Bali Shamans of Sarawak". Queer Lapis. Retrieved 7 October 2022.
  10. ^ Wakefield, Lily (17 January 2020). "Malaysia, where gay sex is illegal, used to be home to a community of gender non-conforming shamans". PinkNews.
  11. ^ Martua Hidayana, Irwan (12 September 2018). "On gender diversity in Indonesia". The Conversation.
  12. ^ Undang-Undang No. 1 Tahun 1974, retrieved 22 January 2018.
  13. ^ Keabsahan Perkawinan Pasangan WNI Sesama Jenis di Luar Negeri, Hukum Online, 6 June 2013, retrieved 22 January 2018.
  14. ^ Undang-Undang No. 23 Tahun 2006 tentang Administrasi Kependudukan, retrieved 22 January 2018.
  15. ^ "Vatikan Larang Pernikahan Sejenis Ketika Paus Dukung Persatuan Sipil, Bagaimana Katolik Melihat Homoseksual?". Voice of Indonesia (in Indonesian). Jakarta. 17 March 2021.
  16. ^ "The 1945 Constitution of the Republic of Indonesia" (PDF). jdih.bapeten.go.id. Retrieved 25 February 2024.
  17. ^ "Undang-Undang Dasar Negara Republik Indonesia Tahun 1945" (PDF). mpr.go.id (in Indonesian). Retrieved 25 February 2024.
  18. ^ Yulius, Hendri (10 July 2015). "Same-sex marriage in Indonesia". Indonesia at Melbourne – University of Melbourne.
  19. ^ "Double marriage ceremony misconstrued as 'same-sex wedding in Indonesia'". Yahoo! News. 13 June 2024.
  20. ^ "Kemenag Malut minta perkawinan sesama jenis di Halsel dibatalkan". Antara News (in Indonesian). Ternate. 18 May 2024. Archived from the original on 11 June 2024.
  21. ^ "ILGA/RIWI Global Attitudes Survey on LGBTI People" (PDF). ILGA. p. 58. Retrieved 31 December 2016.
  22. ^ "How people in 24 countries view same-sex marriage". Pew Research Center. 13 June 2023.
  23. ^ Gubbala, Sneha; Miner, William (27 November 2023). "Across Asia, views of same-sex marriage vary widely". Pew Research Center.
  24. ^ Evans, Johnathan; Jo Starr, Kelsey; Corichi, Manolo; Miner, William. "Buddhism, Islam and Religious Pluralism in South and Southeast Asia". Pew Research Center. Retrieved 14 September 2023.
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