A couple in Indonesia has been sentenced to public flogging for engaging in gay sex, highlighting the country’s ongoing criminalization of same-sex activity in certain regions. The two individuals, aged 24 and 18, were convicted under the strict Sharia law that governs the Aceh province, where homosexuality is prohibited and punishable by harsh penalties.
The sentencing, which includes 85 and 80 lashes for the respective individuals, follows their arrest in November 2023. The couple was apprehended in Banda Aceh, after neighbors allegedly broke into their rented room and discovered them naked and hugging. The Human Dignity Trust, an organization that advocates for the rights of LGBTQ+ individuals, has pointed out that same-sex activity is criminalized in Aceh and South Sumatra, where punishments can include up to eight years in prison and 100 lashes.
Legal Context in Aceh
Aceh, a province on the westernmost tip of Indonesia, has long enforced strict interpretations of Sharia law, particularly since the province’s autonomy agreement in 2001. In 2014, the region passed a law specifically criminalizing homosexuality, with these laws going into effect in 2015. Over the past decade, Aceh has become increasingly conservative, with harsher punishments for same-sex relations and other behaviors considered contrary to Islamic teachings.
The recent ruling on the couple’s case follows a similar incident in 2021, when two gay men were publicly flogged after a vigilante mob raided their apartment, allegedly caught them in the act, and handed them over to authorities. The two men were each sentenced to 77 lashes.
Public flogging in Aceh has sparked international outrage, particularly from human rights organizations, which argue that such punishments are inhumane and violate international human rights standards. In 2022, Indonesia also made headlines when two soldiers were dismissed from the army and jailed for seven months after being found guilty of having gay sex, which is forbidden by the country’s military.
Court Ruling and Sentencing
In this most recent case, the judge, identified as Sakwanah, ruled that the two young men had committed illicit acts, which, under Aceh’s interpretation of Sharia law, included kissing and engaging in sexual relations. The judge emphasized that, as Muslims, the defendants were required to uphold the law that prevails in Aceh, which bans homosexuality.
Despite the severity of the sentence, both defendants chose not to appeal the ruling. This decision reflects the fear and pressure faced by individuals in similar circumstances, who may feel that challenging the sentence could result in further punishment or retaliation.
Global Reactions and Growing LGBTQ+ Sentiment
Amnesty International Indonesia’s director, Usman Hamid, criticized the growing anti-LGBTQ+ sentiment in the country, which he attributed in part to “inflammatory statements” made by political leaders. These remarks, Hamid argues, have contributed to a climate where LGBTQ+ individuals face increasing persecution and public vilification.
Indonesia’s legal system, in particular, has been criticized for its treatment of LGBTQ+ people. In 2020, authorities raided a hotel in Jakarta during a gay party, arresting nine men. The organizers of the event were charged under anti-pornography laws, which carry severe penalties, including up to 15 years in prison and substantial fines. The crackdown further raised concerns about the country’s stance on LGBTQ+ rights, with many human rights organizations labeling such actions as discriminatory.
In addition to the legal challenges, Indonesia’s criminal code has also faced sharp criticism from various human rights groups. In 2019, the Centre for Indonesian Law, Islam, and Society in Melbourne condemned the code as a “human rights disaster” for LGBTQ+ people, highlighting its broad and punitive provisions against same-sex relationships.
The Struggle for LGBTQ+ Rights in Indonesia
While LGBTQ+ rights have made significant strides in many parts of the world, Indonesia remains one of the countries where same-sex relations are criminalized in certain regions. Aceh’s laws are among the harshest in the country, and public punishments such as flogging continue to be a reality for many LGBTQ+ individuals. The global community continues to call for the decriminalization of homosexuality and the protection of LGBTQ+ rights in Indonesia.
Despite the setbacks, local LGBTQ+ activists remain resilient in their fight for equal rights and legal protections. Many continue to advocate for the repeal of laws that criminalize homosexuality and promote acceptance of sexual diversity in Indonesian society. However, the road to change appears challenging, given the entrenched religious and cultural attitudes that continue to shape public policy in Aceh and other parts of the country.
As LGBTQ+ rights remain a controversial and sensitive issue in Indonesia, the international community, including human rights organizations, continues to monitor developments closely, calling for greater protection of LGBTQ+ individuals from discrimination, violence, and legal persecution.
