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Indonesia's top court rejects attempt to criminalise gay sex

Indonesia’s top court has rejected an attempt to have gay sex, and all sex outside of marriage, criminalised.

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A panel of nine judges considered the the petition to have the laws changed, four judges argued in favour of making all gay sex illegal, and limiting consensual heterosexual activity to those who are married.

The push for the laws to be changed came from the group Family Love Alliance, who have been behind a push for more conservative laws in the world’s fourth most populous nation.

In their application the group said that homosexuality and sex outside marriage “threaten the resilience of families and therefore of Indonesia itself.”

Chief justice Arief Hidayat said the country’s existing laws on adultery did not conflict with the constitution and that it was not the authority of the constitutional court to create a new policy.

The judges said if the laws were to be changed it should be through the political process. Indonesia is currently reviewing it’s criminal code.

OIP Staff


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