LGBT PROBLEMATICS IN LEGAL PERSPECTIVESAND HUMAN RIGHTS IN INDONESIA WITH QAWAID AL FIQHIYAHAPPROACHE

Abstract

The discourse on LBGT's behavior warmed up in Indonesia after the Constitutional Court Decision which rejected the parties' request for judicial review of the expansion of the meaning of adultery in Articles 284, 285 and 292 of the Criminal Code. Groups that are pro-LGBT think that the Constitutional Court Decision is their legality, even though there is no connection between the rejection of the parties' requests and recognition of LGBT groups. LBGT raises a polemic in the community, so there are pros and cons to its existence. Groups that are pro-LGBT campaign for human rights principles that are anti-discrimination, while counter-groups precisely consider LGBT to endanger generations and therefore a clear legal policy is needed as an effort to overcome sexual deviations committed by LGBT, considering their behavior is contrary to legal, religious and public order in Indonesia. Based on the wisdom of ushuliyah, the LGBT because of medical (biological/genetic) factors, is relevant to the human rights perspective, that they must be protected, embraced and treated without discrimination. Whereas for LGBT activities and movements that commit sexual deviations, the qawaid al fiqhiyah approach must be prevented and prohibited and even deserve the heaviest punishment, namely the death penalty.

Keywords: LGBT, Human Rights