CD Skripsi

Implikasi Putusan Mahkamah Konstitusi Nomor 46/Puu-Xiv/2016 Terhadap Prilaku Lesbian, Gay, Biseksual Dan Transgender

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ABSTRACT
This study examines the implications of Constitutional Court Decision No. 46/PUU-XIV/2016 regarding the behavior of lesbian, gay, bisexual, and transgender (LGBT) individuals in Indonesia. The study primarily analyzes the legal considerations of the constitutional judges in the decision, particularly in relation to Article 292 of the Criminal Code, and its impact on the growth dynamics of the LGBT community. The study employs a normative approach with a descriptive qualitative method, examining primary, secondary, and tertiary legal materials. The results indicate that the Constitutional Court rejected the request to expand the criminalization of LGBT behavior, stating that establishing and expanding criminal norms is the legislature's authority, not the Constitutional Court's as a negative legislator. The decision adheres to the principle of legality in criminal law and affirms that the phrases in Article 292 of the Criminal Code do not conflict with the 1945 Constitution because they clearly regulate the protection of children from same-sex indecent acts. However, four constitutional judges dissented, arguing that Article 292 of the Criminal Code should be declared contrary to the 1945 Constitution because it does not cover same-sex indecent acts between adults. According to religious values and the living law of Pancasila, these acts are considered reprehensible. The implications of this ruling are complex. The rejection of expanded criminalization is indirectly interpreted as an absence of an explicit prohibition, which has sparked increased boldness among the LGBT community to express themselves. Human rights organizations, international funding, and advancements in information technology that facilitate the consolidation of the LGBT community support this phenomenon. Nevertheless, the majority of Indonesian society strongly rejects LGBT behavior based on religious and cultural values. The discordance between national legal norms that do not explicitly prohibit LGBT behavior and social and religious values engenders a "gray area" in the law, underscoring the imperative for the legislature to formulate clear and comprehensive regulations for legal certainty, public benefit, and justice in accordance with the ideology of the five principles of the Indonesian state ideology (Pancasila).
Keywords: Decision, Constitutional Court, LGBT, Dissenting Opinion

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2009113306

Penerbit

Pekanbaru : Universitas Riau – F.HUKUM – HUKUM TATA NEGARA., 2025

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2009113306

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

daus

Versi lain/terkait

Lampiran Berkas

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