The Law of Same-Sex Marriage in Indonesia

PERTANYAAN

Is there a law on same-sex marriage? Please explain it according to Indonesian law. Thank you.

INTISARI JAWABAN

In short, there is no law on same-sex marriage in Indonesia. Given that marriage is a physical and emotional bond between a man and a woman as husband and wife with the aim of forming a happy and lasting family (household). What is the legal basis?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Hukum Pernikahan Sesama Jenis di Indonesia, written by Bernadetha Aurelia Oktavira, S.H. and published on Monday, 08 May 2023.

This article below is an update of the article entitled The Law of Same-Sex Marriage in Indonesia (Hukum Perkawinan Sesama Jenis di Indonesia), written by Letezia Tobing, S.H., M.Kn. and published on Wednesday, 19 December 2012.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Same-Sex Marriage Under Indonesian Positive Law

Before answering your question regarding whether same-sex marriage is allowed in Indonesia. According to Article 1 Marriage Law, marriage is an emotional and physical bond between a man and a woman as husband and wife with the aim of establishing a happy and eternal family (household) based on belief in God Almighty.

In addition, Article 2 section (1) Marriage Law states that marriage is valid if it is carried out according to the laws of each religion and belief. This means that the state also returns the matter to each religion.

The provision of marriage between a man and a woman can also be seen in Article 34 section (1) Law 23/2006 which states that a legitimate marriage based on the provisions of laws and regulations must be reported by the population (people) to the implementing agency at the place where the marriage occurred no later than 60 days from the date of marriage.

Then if you refer to the provisions of regional regulations in DKI Jakarta based on the provisions of Article 45 section (1) DKI Jakarta Regional Regulation 2/2011, it states that every marriage in the region that is legitimate based on the provisions of laws and regulations must be reported by the person concerned to the agency at the place where the marriage took place no later than 60 days from the date of the validity of the marriage.

Meanwhile, what is meant by "marriage" is a physical and mental or emotional bond between a man and a woman as husband and wife in accordance with statutory provisions (laws and regulations).[1]

Same-Sex Marriage from a Religious Perspective

So from a religious perspective, what is the law of liking the same sex? For example, from an Islamic perspective, same-sex marriage is strictly prohibited. This can be seen in Surah Al-A'raaf (7): 80-84, which means as follows:

And [We had sent] Lot when he said to his people, "Do you commit such immorality as no one has preceded you with from among the worlds?” Indeed, you approach men with desire, instead of women. Rather, you are a transgressing person. But the answer of his people was only that they said, "Evict them from your city! Indeed, they are men who keep themselves pure. So We saved him and his family, except for his wife; she was of those who remained [with the evildoers]. And We rained upon them a rain [of stones]. Then see how was the end of the criminals.”

Then, in the Compilation of Islamic Law, the provisions regarding marriage are also mentioned between men and women. For example, Article 30 Compilation of Islamic Law stipulates that the prospective groom is obliged to pay a dowry to the prospective bride whose amount, form, and type are agreed upon by both parties.

Meanwhile, the law of same-sex marriage in Indonesia also does not exist in Catholic. Because if you refer to Matthew 19: 4-6, it reads as follows.

Jesus answered: “Haven’t you read,” He replied, “that at the beginning the Creator made them male and female, and said, “For this reason, a man will leave his father and mother and be united to his wife, and the two will become one flesh. So they are no longer two, but one flesh. Therefore what God has joined together, let no one separate.”

So, it can be concluded that based on the laws and regulations, same-sex marriage in Indonesia cannot be conducted because marriage is between a man and a woman. On the other hand, religious law in Islam and Catholic strictly prohibits same-sex marriage.

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 1 of 1974 on Marriage as amended by Law Number 16 of 2019 on the Amendment to Law Number 1 of 1974 on Marriage;
2. Law Number 23 of 2006 on Civil Administration as amended by Law Number 24 of 2013 on the Amendment to Law Number 23 of 2006 on Civil Administration;
3. Regulation of the Minister of Religious Affairs Number 20 of 2019 on Marriage Registration;
4. DKI Jakarta Regional Regulation Number 2 of 2011 on Population and Civil Registration;
5. Instruction of the President Number 1 of 1991 on Compilation of Islamic Law.

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[1] Elucidation of Article 34 section (1) Law Number 23 of 2006 on Civil Administration jo. Elucidation of Article 45 section (1) DKI Jakarta Regional Regulation Number 2 of 2011 on Population and Civil Registration.