An Examination of the LGBT Phenomenon Reviewed According to the Socio-Legal Approach and Its Existence an Positive Law an Indonesia

Devina Devina (Universitas Pakuan)
Maria Sesilia Toe Labina (Universitas Pakuan)
Marcelina Fitria Paparang (Universitas Pakuan)
Silvi Ristia (Universitas Pakuan)
Yenny Febriyanti (Universitas Pakuan)

Activa Yuris: Jurnal Hukum
Vol. 6 No. 2 (2026)

This study aims to examine the status of Lesbian, Gay, Bisexual, and Transgender (LGBT) sexual orientations within the framework of positive law and human rights in Indonesia. The research employs a dual approach: a normative method based on a literature review and an empirical method utilizing online questionnaires. In Indonesia, there is no specific positive law addressing LGBT issues; instead, the matter is addressed through legal frameworks considered relevant to the LGBT context. These include marriage laws regulated under Law No. 1 of 1974, the 1945 Constitution of the Republic of Indonesia, and Law No. 1 of 2023 concerning the new Criminal Code (KUHP). Legal uncertainty regarding LGBT behavior has led to discrimination fueled by public anxiety; the central question is whether LGBT behavior constitutes a punishable offense or represents a legitimate exercise of an individual's right to choose their sexual orientation—a right protected under human rights principles. The Indonesian public urges the government to take swift action to address this phenomenon and prevent the country from being tainted by LGBT gatherings.