Regional regulations Draft (Raperda) highlighting the prevention and prohibition of LGBT are now emerging.
Since the beginning of this year alone, no less than four regions have declared their support for the prohibition of LGBT behavior by declaring themselves as an ‘anti-LGBT’ region or supporting the drafting of a regional regulation by the DPRD.
Most recently, the Bandung City Government supports the discourse of the Bandung City DPRD to draft a ban on LGBT. Following the previous statement, the Mayor of Medan, North Sumatra, Bobby Nasution, also announced that his region was a city that rejected LGBT behavior, and the Mayor of Makassar, Moh Ramdhan, who supported the drafting of a regional regulation prohibiting LGBT by the Makassar DPRD.
There is also the Garut DPRD, which recently received a proposal foranti-LGBT Regional Regulation submitted by the Indonesian Ulema Council (MUI), the Legal Department of the Garut Regional Government, and the Garut Ministry of Religious Affairs. Even though it did not immediately carry out discussions, the Garut DPRD assessed that the Draft Regional Regulation was in line with the ‘Anti-Maksiat’ Regional Regulation that Garut previously had, namely Regional Regulation Number 2 of 2018.
The regional government supports the draft anti-LGBT regional regulations for the same reasons: LGBT is considered to violate religious and legal norms and is damaging to the younger generation. In addition, it is also considered incompatible with the local culture.
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If the Draft Regional Regulation is approved, the list of ‘Anti-LGBT’ Regional Regulations that have the potential to discriminate against groups of various gender and sexuality minorities will increase. Previously, there was an Anti-LGBT Regional Regulation passed by the Bogor City Government through Regional Regulation Number 10 of 2021 concerning the Prevention and Management of Sexual Deviance (P4S).
Aminah, In response, Komnas Perempuan Commissioner Siti Aminah, Siti reminded regional governments that they plan to issue anti-LGBT regulations to respect, fulfill human rights (HAM) and provide equal protection to LGBT people, including transwomen or transgender people.
“As (Human Rights Protection—ed) is guaranteed in the Constitution and statutory regulations related to the principle of non-discrimination,” said Siti Aminah to Konde.co, Wednesday (25/1/2023).
According to her, Komnas Perempuan pays special attention to transgender women, considering that minority groups are vulnerable to LGBT. Transgender people are the most vulnerable to discrimination and violence. Because it is easier for people to identify transgender groups from their gender expression.
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Siti Aminah emphasized that the Constitution of the Republic of Indonesia has guaranteed the protection and fulfillment of human rights in a particular chapter on human rights, which is a constitutional right of every citizen without exception.
“One of their rights is that everyone is free from discriminatory treatment on any basis and is entitled to protection against such discriminatory treatment,” she continued.
In addition to the human rights guaranteed in the 1945 Constitution, she explained, Indonesia had also ratified the Convention on the Elimination of All Forms of Discrimination against Women through Law No. 7 of 1984 concerning Ratification of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).
SHe explained that the ratification of the Convention obliges the State to eliminate all forms of discrimination, including discrimination against transgender women. Thus, the inclusion of transgender women in the scope of implementation of this Convention is emphasized in the recommendation of the UN CEDAW Committee No. 28, which recognizes that “Discrimination of women based on sex and gender is closely related to other factors that affect women, such as race, ethnicity, religion or belief, health, status, age, class, caste, and sexual orientation and gender identity.”
“Thus, the transgender group has the right to respect, protection, and the fulfillment of their human rights in the constitution and law or other statutory regulations,” she emphasized.
‘Anti-LGBT’ Regional Regulation lead to Multiple Discrimination
If these ‘Anti-LGBT’ regional regulations are passed, the LGBT group, marginalized so far, can be further discriminated against. Because LGBT is considered as ‘immoral behavior’ or ‘deviant,’ which is criminalized, persecuted, and stigmatized.
Throughout 2006-2018, Arus Pelangi noted at least 45 anti-LGBT regulations in Indonesia. In that regard, 1,840 LGBT people were victims of persecution.
Since the Covid-19 pandemic in 2020, the discrimination experienced by LGBT groups has increased. The report of the CRM Consortium’ Study of the Impact of Covid-19 on the Social, Economic, and Legal Situation of Sexual and Gender Diversity Groups in Indonesia’ highlights this. In just 6 months, at least 300 respondents in various regions of Indonesia experienced a significant impact.
Not only is the economic situation difficult, but LGBT people also experience socio-cultural pressure through negative stigma and physical violence, and the majority experience psychological violence. Ironically, despite being vulnerable to discrimination and violence, LGBT people are less likely to report their cases ..
“There is (trust) that is not built. There are officials when facing this, but the case is not handled. How can law enforcement officials be unfriendly and gender biased, which makes (LGBT) friends mistreated,” said Khanza Vina, SWARA Representative (Sanggar Waria Jakarta), in an online presentation of research results, Friday (22/10/2021).
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At the end of 2021, Komnas Perempuan launched the Results of the Strategic Study of Komnas Perempuan and the National Defense Institute (Lemhanas), which encourages a strategy to accelerate the handling of discriminatory policies in the name of regional autonomy.
One of the urgent steps is for the Ministry of Home Affairs (Kemendagri) to use its authority to cancel the regional head’s policy in dealing with discriminatory policies. Especially those related to the placement of women as control targets to multiple discrimination against minority groups such as LGBT.
“Similar discriminatory policy also provides regional identity markers that highlight preference for one particular entity from the majority group, which is contrary to the insight of the archipelago,” said Andy Yentriyani, Chair of Komnas Perempuan, quoted from her official statement.
Since 2009, Komnas Perempuan has documented 154 discriminatory policies, which increased every year to 189, 207, 282, 342, and 365; in 2016, there were 421.
In this regard, the report recommends several essential points, including the importance of efforts to improve coordination by the Coordinating Ministry for Politics, Law, and Security of the Republic of Indonesia, including forming an ad hoc team to compile guidelines/instruments synergy and a coordination mechanism for preventing discriminatory policies to develop a database for handling discriminatory policies based on information and communication technology.
Equally important, the executive, legislative, and judicial institutions must also implement a joint commitment to accelerate the prevention and handling of discriminatory policies.
“Strengthening the judicial review mechanism at the Supreme Court in order to be more participatory and accountable,” she said.
Dear Politicians, Stop Seeking Public Sympathy with Discriminatory Rules
The Kami Berani Coalition, which consists of 24 civil society organizations, regrets the widespread encouragement of discriminatory policies in the form of anti-LGBT regional regulations (Perda) in various regions in Indonesia.
They assess that entering a political year, politicians and regional and national leaders also choose to use an identity politics approach that scapegoats and further marginalized groups that are considered wrong by the majority interpretation.
“One that has been echoed lately is the discourse on forming an anti-LGBT regional regulation,” wrote Kami Berani’s official statement to Konde.co, some time ago.
Based on the monitoring of the Kami Berani Coalition, from December 2022 until this release was revealed, 4 regions in Indonesia stated that they would propose anti-LGBT discriminatory regional regulations, such as Garut, Bandung, Makassar, and Medan.
“This discriminatory regional regulation, which is full of hatred, has spread due to practical politics carried out by politicians to gain votes using identity politics,” he explained.
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Politicians, both nationally and in the region, said unfortunately, do not have a good policy framework to offer the public. Even though this practical politics will be dangerous for social, political, economic, legal, and security stability in society.
“Apart from that, this will further distance and hinder the achievement of the development targets that the Indonesian government wants to achieve,” he continued.
For example, regional regulations that act in the name of morality, such as the Regional Regulation on P4S for Bogor City, which is predicted as an attempt by the Bogor City government to prevent the spreading HIV/AIDS, will only exacerbate the health response in Bogor City itself.
Global data shows that discriminatory policies will make people living with HIV or vulnerable to HIV even more reluctant to seek health services for fear of stigma and discrimination.
“This kind of moral and identity-based legal and policy approach keeps the public away from the crisis that Indonesia is actually facing,” he said.
Indonesia is still one of the most corrupt countries in the world, with a corruption perception index below 40. Indonesia’s rule of law index has decreased from year to year, and Indonesia is currently ranked 68th out of 139 countries globally in terms of upholding the rule of law. Regarding education, only 19% of Indonesia’s population between the ages of 25-34 have tertiary education. This number is deficient compared to other OECD countries, where the average high education level is around 47%.
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In addition, the coalition also considers that the State does not seem to have learned from previous cases of severe human rights violations that used identity politics as a tool.
Even though President Jokowi’s speech on January 11, 2023, at the State Palace regarding past human rights violations acknowledged past severe human rights violations and promised to restore victims’ rights justly and wisely without eliminating judicial settlement.
President Jokowi emphasized in his speech, “I and the government are making serious efforts so that severe human rights violations will not occur again in Indonesia in the future,”
Nono Sugiono, Chair of Arus Pelangi, one of the Coalition spokespersons, said that ‘the government has not learned from cases of intolerance which constitute human rights violations that occurred in the past. “Intolerance and hatred based on identity divides the nation’s children and makes Indonesia an increasingly underdeveloped country because the focus of politicians is practical politics that plays on the identities of vulnerable groups,” he added.
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The commitment conveyed by President Jokowi and the data above shows that the Indonesian government has a lot of homework to do and stop distracting society with issues of morality and identity politics.
“If the State continues to use this to discriminate and scapegoat vulnerable groups, then Indonesia will fall further into the abyss of poverty, inequality and instability,” he said.
Therefore, the Kami Berani Coalition emphasizes several demands, including urging the State to stop all forms of omission towards the practice of spreading hatred and intolerance towards minority and vulnerable groups, including LGBT, as a form of commitment to fulfilling human rights.
Furthermore, the Coalition invites the public not to elect unjust leadership candidates who use identity politics based on hatred towards a group in the upcoming elections.
“We ask the media not to spread the practice of spreading hatred and intolerance towards minority groups, including LGBT groups,” he concluded.
(Translated by: Marina Nasution)
