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Abstract

Debates on LGBT rights in Indonesia have largely centred on the legal recognition of same-sex relationships and their compatibility with religion, Pancasila, and the constitutional framework. Recent developments, however, require the discussion to move beyond the question of recognition. This article examines the evolving legal and policy treatment of LGBT persons in Indonesia, particularly following Presidential Regulation No. 111 of 2025, which identifies the “spread of LGBTQ culture” as a non-military threat. Using normative legal research and securitization theory, the article analyses Indonesian constitutional principles, marriage and human rights law, relevant Constitutional Court jurisprudence, defence policy, and documented experiences of discrimination and persecution. It argues that the Regulation represents a development from earlier discursive securitization of LGBT-related issues toward institutionalised threat construction. At the same time, the government’s distinction between LGBT individuals as protected rights-holders and “LGBTQ culture” as a security concern creates an unresolved constitutional tension. The article proposes a distinction between recognition, regulation, and protection, arguing that contestation over a particular right cannot automatically justify exclusion of the rights-holder. Indonesia may maintain constitutional limitations on same-sex marriage and other contested claims, but such limitations must remain distinct from criminalisation, discrimination, persecution, and disproportionate security measures.

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