<![CDATA[This study examines the role of law in responding to social changes related to sexual orientation in Indonesia by analyzing the relationship between constitutional guarantees, statutory regulations, and legal practice. The legal issue arises from the absence of explicit norms governing sexual orientation in Indonesia’s positive legal framework, while several regulations, including the 1945 Constitution, Law Number 1 of 2023 concerning the Criminal Code (KUHP), Law Number 44 of 2008 concerning Pornography, and morality-based regional regulations, are interpreted in ways that influence legal responses to related issues. This condition creates normative ambiguity between constitutional principles of equality and non-discrimination and their practical implementation. This study employs normative legal research using statutory, conceptual, and sociological approaches through the examination of primary and secondary legal materials. The findings indicate that Indonesia’s legal framework remains fragmented and lacks harmonized standards regarding issues related to sexual orientation. A gap persists between das sollen, reflected in constitutional guarantees under Articles 28G and 28I of the 1945 Constitution, and das sein, reflected in morality-based legal interpretations and inconsistent law enforcement practices. Consequently, law has not fully functioned as an effective instrument of social engineering in responding to evolving social realities. This study recommends harmonizing regulations, strengthening non-discrimination safeguards, clarifying legal standards to prevent arbitrary interpretation, and enhancing institutional capacity among law enforcement actors. The study contributes to normative-sociological legal scholarship by examining the interaction between legal norms and social realities in Indonesia.]]>
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