Recognition of same-sex unions in Indonesia

There is no legal recognition of same-sex unions in Indonesia. Article 1 of the Law No. 1 of the Year 1974 on Marriage states unequivocally that marriage is "a physical and spiritual bond between a man and a woman as husband and wife, having the purpose of establishing a happy and lasting family founded on the Belief in God Almighty".[1] Moreover, Article 2 states that a marriage is only lawful if it is in accordance with the laws of the religions of the respective parties. Meanwhile, Indonesians who have entered into same-sex marriage abroad are not allowed to register their marriage in Indonesia due to Article 1 of the Marriage Act.[2] Additionally, Article 34(1) of the Law No. 23 of the Year 2006 on Civil Administration obliges all marriages to be reported to the local authorities within 60 days after marriage, and the explanation of Article 34(1) states that "marriage" can only be performed between a man and a woman.[3]

Part of the LGBT rights series
Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. Neither performed nor recognized in six British Overseas Territories.
  4. Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  6. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. All EU member states except Romania follow the ruling.
  7. Residency rights for foreign spouses of legal residents.
  8. Unregistered cohabitation or maitri karar–type contractual relationships, but they are not legally binding.
  9. Some cities and prefectures issue partnership certificates, though not legally formalized.
  10. Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  11. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
  12. Hospital visitation rights through a "legal representative" status
* Not yet in effect
LGBT portal
Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Other type of partnership
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books, but not enforced
  Enforced death penalty

Public opinion

Public opinion on same-sex marriage (2023) based on Pew Research Center[4]

  Strongly favor (3%)
  Somewhat favor (2%)
  Not sure (3%)
  Somewhat oppose (4%)
  Strongly oppose (88%)

An online polling conducted by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) in October 2016 found that 69% respondents from Indonesia were against the legalization of same-sex marriage, while 14% supported it and 17% were neutral.[5]

See also

References
  1. Undang-Undang No. 1 Tahun 1974, retrieved 22 January 2018.
  2. Keabsahan Perkawinan Pasangan WNI Sesama Jenis di Luar Negeri, Hukum Online, 6 June 2013, retrieved 22 January 2018.
  3. Undang-Undang No. 23 Tahun 2006 tentang Administrasi Kependudukan, retrieved 22 January 2018.
  4. "How people in 24 countries view same-sex marriage". PewResearchCenter. Retrieved June 13, 2023.
  5. "ILGA/RIWI Global Attitudes Survey on LGBTI People" (PDF). ILGA. p. 58. Retrieved 31 December 2016.
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