URGENSI KRIMINALISASI TERHADAP ANAK PELAKU HOMOSEKSUAL DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA

Abstract

Homosexual or same-sex sex, now is not a new thing in Indonesia.
The reality of the existence of homosexuals knows no age restrictions;
profession; and social and religious status. Criminalization efforts through
Judicial Review are only aimed at people with certain sexual orientation,
such as LGBT or Lesbian people; Gay; Bisexual; Transgender. If you look
further, the Judicial Review or test material submitted by the applicant is
aimed at all people regardless of their sexual orientation, both those who
have homosexual or heterosexual orientation.
This type of research is normative legal research, because in various
cases the issue that is rife among Indonesian people. Children as
perpetrators of same-sex acts between men and men (Gay) or women and
women (lesbians) and even the nature of this research is descriptive, this
study provides an overview of the main problems namely homosexuality in
the renewal of Indonesian criminal law.
From the results of this study that it is very important to do the
Urgency of criminalization for children as homosexuals who should be
children as the successor of the nation. Criminalization aims to create
legal certainty for the protection and welfare of the community, so it is
very important to do the rules in terms of actions that can be accounted for
even if the child cannot be sanctioned, the author is very enthusiastic in
supporting this paper so that the rules of behavior of the child as an actor
are carried out homosexuals in Indonesian society.
Keywords: urgency, child homosexuals, criminalization