URGENSI KRIMINALISASI HUBUNGAN SEKSUAL SESAMA JENIS DALAM KUHP (UNDANG-UNDANG NOMOR 1 TAHUN 2023)

Abstract

This study is motivated by the legal vacuum concerning consensual same-sex sexual relations in the Indonesian Criminal Code under Law Number 1 of 2023. This issue creates uncertainty regarding the scope of criminal liability and raises questions about the adequacy of existing criminal law in responding to developments in society. Therefore, this study is significant in assessing the need to regulate same-sex sexual relations within the framework of national criminal law policy. This research employs a normative juridical method using statutory and conceptual approaches. Legal materials were obtained through library research and analyzed qualitatively using a descriptive method. The findings reveal that the Criminal Code does not explicitly regulate consensual and private same-sex sexual relations, although provisions concerning decency are found in Articles 411, 414, and 473. From philosophical, juridical, and sociological perspectives, the regulation of such conduct is considered important to promote legal certainty, protect public morality, maintain social order, and support family resilience. Accordingly, clearer and more systematic criminal law reform is required to provide comprehensive regulation consistent with the values of Pancasila and Indonesian society.

Keywords: Criminalization, Same-Sex Sexual Relations, Morality, Criminal Code, National Criminal Law.