Gay Travel Advisory
Indonesia
Legal Code Summary
Aceh Regulation No. 6/2014 (regional) & South Sumatra Provincial Ordinance No.13/2002 on the Eradication of Immoral Behaviour (regional)
Legal Code Text
Aceh - “The law stipulates a punishment of 100 lashes and/or up to approximately eight years in prison. The regulation applies to local residents and to foreigners in the province for the crime of Liwat (male penetration) and Musahaqah (female same-sex sexual activity) in article 63 and 64.”
South Sumatra - “Ordinance classifies and penalises same sex relations as “immoral behaviour.”
ILGA Analysis & Notes
A new national Criminal Code (signed 2 Jan. 2023, in force from January 2026) does not explicitly criminalise private consensual same-sex acts but introduces Articles 406 and 414, using 'decency'/'obscene act' language that explicitly references same-sex relationships when conducted in public. Several dozen local bylaws (e.g. Bogor City, Garut Regency) separately target 'LGBT activities' at the municipal level.
Sources
- Text of the law is available at: http://www.unhcr.org/refworld/country,,,LEGISLATION,TMP,4562d8cf2,3ffbcee24,0.html
- See ‘Special Report: Indonesia - Exchanging Pluralism For An Islamist State’, available at: http://pancasilaislam.blogspot.sg/2012/10/special-report-indonesia-exchanging.html
2023-2024 Legal Developments
The 1952 Penal Code has no provision criminalising private consensual same-sex acts. However, a new national Criminal Code, signed 2 Jan. 2023 and taking effect January 2026, introduces Article 406 ('violations of decency in public,' explicitly naming same-sex 'homosexual and lesbian' relationships, up to 1 year) and Article 414 ('obscene/lewd acts' in public, up to 1 year 6 months) -- vague-language provisions that legal commentators expect to be used against same-sex conduct that becomes public.