Rafli, Dwi Yusuf (2024) Komparasi Pengaturan Lgbt (lesbian, Gay, Biseksual, Dan Transgender) Menurut Kitab Undang-undang Hukum Pidana Indonesia Dan Malaysia Penal Code. Other thesis, Universitas Islam Riau.

Text 201010442.pdf - Submitted Version Restricted to Registered users only Download (2MB) | Request a copy

Abstract

LGBT, as a new ideological construct, can arguably be regarded as one of the most significant propagandas of the 21st century. Its emergence has evolved into a social phenomenon that permeates various facets of societal life. The friction between societal perceptions and LGBT-related behaviors has rendered LGBT and homosexuality particularly compelling issues for analysis, especially in the context of their potential criminalization within Indonesia's positive legal framework. This study aims to examine the absence of explicit regulations addressing LGBT in the codification of Indonesia's national criminal law. Furthermore, it seeks to evaluate the prospects for future regulation by comparing Indonesia's new Criminal Code (KUHP) with the Malaysian Penal Code. Employing a normative approach, the study critically analyzes theories, principles, doctrines, and statutory provisions as its primary objects of inquiry. This analysis is supported by an extensive review of both digital and physical literature. The findings highlight significant gaps in addressing criminal issues stemming from the lack of legal provisions regarding LGBT in the national criminal law framework. The study also outlines the implications of these gaps and offers recommendations for governmental efforts to undertake a more in-depth examination of this social issue. Such efforts are essential to ensure legal certainty and to align the outcomes with the objectives of modern law, as encapsulated in the vision and mission of the new Criminal Code under Law Number 1 of 2023.

Actions (login required)

View Item