ANALISIS HUKUM PIDANA TENTANG LGBT (LESBIAN, GAY, BISEXUAL, TRANSGENDER)

Abstract

LGBT stands for Lesbian, Gay, Bisexual, and Transgender. Where this is a matter that is still taboo in Indonesia. There has been no Law that regulates LGBT in Indonesia, but the Regional Regulation of Musi Banyuasin Regency Number 13 of 2005 concerning Prohibition in the District of Musi Banyuasin and concerning the Padang Panjang Regional Regulation Number 9 of 2010 concerning changes to the regulation of Padang Panjang City Government Number 3 of 2004 concerning Prevention, Eradication, and Enforcement of Community Diseases has been published about LGBT. While in Law Number 39 of 1999 concerning Human Rights, it is agreed that every human being has the same freedom and position before the law. In addition, there should also be no restrictions for those who are no exception. The formulation of this problem is to confirm whether the LGBT ban on these two Regional Regulations is a violation of human rights. The methodology used in this study uses normative juridical which is then analyzed using the deduction method. Based on the results of research and discussion on the Regional Regulation of Musi Banyuasin District Number 13 of 2005 concerning Prohibition in the District of Musi Banyuasin and the Regional Regulation of Padang Panjang City Number 9 of 2010 concerning changes to the Regional Regulation of Padang City Number 3 of 2004 concerning Prevention, Eradication and Enforcement Community Disease is not a violation of Law Number 39 of 1999 concerning Human Rights. Issued so that the Government of the Republic of Indonesia criminalizes LGBT as a criminal offense.