FORMULATIVE CRIMINAL POLICY ON SAME SEX INTIMATE RELATIONSHIPS A CRIMINAL JUSTICE PERSPECTIVE

This article has been based on a legal research on the criminalization of obscene acts of same-sex intimate relations. It has been generally observed that the existence of same-sex sexual relations between adults has not been exsited in the legal regulatons. Unregulated withing the Indonesian Legal System in general and in the Indonesian Criminal Justice System in particular. Therefore there has been a strong demand to regulate such acts. In order to understand this phenomena, this research will find answers to questions such as: how is the concept of criminalizing obscene acts of same-sex sexual relations according to the criminal justice perspective. What is the legal reason for the criminalization against obscene acts of same-sex sexual relations. This research is a type of normative legal research, with a focus on searching ratio legis or legal reasons, using philosophical, conceptual approach on the reasons for the criminalization of the same sex intimate relations; as well as, on the formulative criminal policy or the criminalization of same-sex intimate sexual relations between adults to become criminal offenses. It has been found that the criminalization or the formulative policy on the obscene acts of same-sex relations aims at making the deviant behaviour of same sex-oriented to be prohibited in Indonesiam legal system. The way taken in oder to achieve such an objective is by adding the provisions contained in Article 292 of the Criminal Code and Article 420 of the Indonesia Criminal Code. The criminal provision suggested that: Every adult who is known legally having intend to commit obscene same-sex intimate relationships, or unintentionally carried out in a public place and/in a closed room/with the intention of being published and for any gain should be convicted of a prison sentence of seven years or convicted with a Criminal Code Category V. The same sex act of union done by fellow adults based on like and liking or consent is an act of taboo, that is not in accordance with religious norms, customs and culture of the Indonesian nation dictates by Pancasila.