An Analytical Study of Solutions to LGBT Issues From The Perspectives of Islamic Law, Human Rights, and Positive Law in Indonesia

Abstract

The phenomenon of LGBT (Lesbian, Gay, Bisexual, and Transgender) in Indonesia has become an increasingly prominent social and legal issue, driven by advances in technology and greater freedom of expression in the public spaces. Although parts of the global community are increasingly accepting of non-heterosexual orientations, most people in Indonesia still reject them, seeing them as incompatible with religious and cultural norms. This study aims to analyze the LGBT phenomenon from three main perspectives; human rights, Islamic law, and Indonesia’s positive law, in order to find common ground between individual freedom and the moral boundaries upheld by religion and the state. This study employs a normative legal method with a conceptual approach, drawing on literature reviews, statutory regulations, and Islamic legal doctrine, particularly the principles of maqasid al-syari‘ah. The findings indicate that, under Islamic law, LGBT behavior falls under the category of al-fawahish (indecent acts), which contradicts human fitrah (natural disposition) and may be subject to hadd or ta’zir penalties. Under Indonesia’s positive law, sexual orientation is not directly criminalized, but same-sex indecent acts may still be subject to criminal penalties under the Indonesian Criminal Law. From a human rights perspective, individual freedom is recognized but remains limited by moral values, religion, and public order, as stipulated in Article 28J of the 1945 Indonesian Constitution. Therefore, the response to the LGBT phenomenon must be comprehensive and humane, balancing the protection of individual rights with the enforcement of moral norms through legal, educational, and guidance approaches grounded in religious and humanitarian values.