Draft Criminal Code to be ratified soon, LGBT lewd acts are punishable by 18 months in prison

JABARNEWS | JAKARTA – The Draft Criminal Code (RKUHP) will soon be legalized into the Criminal Code. The law, among other things, regulates obscene acts committed by same-sex or lesbian, gay, bisexual, and transgender (LGBT) people.

Then what is meant by ‘LGBT obscene acts’ in the RKUHP which is planned to be ratified by the Government and DPR next month? And what are the consequences for LGBT people?

In the draft RKUHP obtained by journalists from the government, Thursday (9/6/2022), the regulation of LGBT obscene acts is contained in Article 420.

Article 420 states, “Everyone who commits obscene acts against other people of the same or different sex in a public place shall be sentenced to a maximum imprisonment of 1 (one) year 6 (six) months or a maximum fine of class III.

Then, the sentence will be increased if LGBT is carried out forcibly with violence or threats of violence, which can be sentenced to 9 years in prison.

“Those published as pornographic content shall be punished with a maximum imprisonment of 9 (nine) years,” reads Article 420 paragraph 1c.

LGBT behavior and practices are proposed to be included in the Draft Criminal Code. (photo: special)

In addition, everyone is threatened with 9 years in prison with violence or threats of violence to force others to commit obscene acts against him.

Then what is lewdness?

What is meant by ‘obscene acts’ are all acts that violate the norms of decency, decency, or other indecent acts, and are always related to lust or sexuality,” explained Article 420.

Previously, Arsul Sani who is also a member of Commission III of the DPR PPP faction, said it was wrong if LGBT people would be punished in the RKUHP.

“Don’t mention the LGBT criminal article. Wrong. The truth is that the article regarding LGBT obscene acts is only true,” said member of Commission III of the PPP DPR faction Arsul Sani at the Parliament Complex, Senayan, Jakarta, Monday (23/5).

“What is called the LGBT criminal article is actually not the right term. What is suitable is the article on lewd acts committed by the same sex. What is punished is obscene acts. So, whether the obscene act was committed with the opposite sex, the opposite sex or the same sex, it is the same (punished),” added Arsul.

LGBT behavior and practices are proposed to be included in the Draft Criminal Code. (photo: special)

Furthermore, the Deputy General Chairperson of PPP explained the purpose of regulating obscene acts committed by the same sex or opposite sex. He said it was aimed at preventing discrimination.

“In fact, if same-sex obscene acts are not regulated, they will not be punished, while the opposite sex will be subject to discrimination,” said Arsul. (red)

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