Recognition of same-sex unions in Indonesia

There is no legal recognition of same-sex unions in Indonesia. Article 1 of the Law No. 1 of the Year 1974 on Marriage states unequivocally that marriage is "a physical and spiritual bond between a man and a woman as husband and wife, having the purpose of establishing a happy and lasting family founded on the Belief in God Almighty".[1] Moreover, Article 2 states that a marriage is only lawful if it is in accordance with the laws of the religions of the respective parties. Meanwhile, Indonesians who have entered into same-sex marriage abroad are not allowed to register their marriage in Indonesia due to Article 1 of the Marriage Act.[2] Additionally, Article 34(1) of the Law No. 23 of the Year 2006 on Civil Administration obliges all marriages to be reported to the local authorities within 60 days after marriage, and the explanation of Article 34(1) states that "marriage" can only be performed by a man and a woman.[3]

Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 18 states and Mexico City, in certain municipalities in three other states, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in Tel Aviv.
  7. Degree of recognition unknown. No actual cases to date.
  8. Limited to residency rights for foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Maitri Karar–type contractual relationships, but it is not legally enforceable
  12. Offer "partnership certificates", which provide some tools (such as hospital visitation rights) but do not offer any legal recognition
  13. Limited to spouses of foreign diplomatic officials.
* Not yet in effect or automatic deadline set by judicial body for same-sex marriage to become legal
LGBT portal

Public opinion

An online polling conducted by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) on October 2016 found that 69% respondents from Indonesia were against the legalization of same-sex marriage, while 14% supported it and 17% were neutral.[4]

See also

References
  1. Undang-Undang No. 1 Tahun 1974, retrieved 22 January 2018.
  2. Keabsahan Perkawinan Pasangan WNI Sesama Jenis di Luar Negeri, Hukum Online, 6 June 2013, retrieved 22 January 2018.
  3. Undang-Undang No. 23 Tahun 2006 tentang Administrasi Kependudukan, retrieved 22 January 2018.
  4. "ILGA/RIWI Global Attitudes Survey on LGBTI People" (PDF). ILGA. p. 58. Retrieved 31 December 2016.
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