Kriminalisasi Homoseksual Sebagai Tindak Pidana

This study discusses the criminalization of homosexuality as a crime. research is motivated by cases which are increasingly being discussed in Indonesia until now homosexuals have courage to demonstrate their deviations from sexual orientation public. focuses on problem how moral determination criminal law and whether committed adults can be used method qualitative. The results show that there very close relationship between morals law, therefore basis morality an important issue. In determining acts, system must considered. Even though no obligation, society at least paid attention state when act Based theory, policy criminalizing homosexual acts fulfills criteria criminalization, is, immoral harmful individuals society. Homosexual same-sex couples need made first: Juridical basis, based Law Number 11 2012, Pancasila several articles NRI Constitution finally Article 1 paragraph (1) Criminal Code regulates principle legality. Second: philosophical it realized against meets general for supported forms theory: Feinberg theory paternalism theory. Third: sociological same sex not line with soul, nation, reaction community rejects activity, style customary