REFERAT

MEDICAL AND LEGAL ASPECT OF

HOMOSEXUALITY IN INDONESIA
Dosen Penguji:
Dr. Arif Rahman Sadad

Residen Pembimbing:
Dr. Marlis

DEPARTEMEN FORENSIK DAN MEDIKOLEGAL

FAKULTAS KEDOKTERAN
RSUP Dr. KARIADI SEMARANG
HOMOSEXUALITY-
ACCEPTABLE
OR
NOT?
 Preliminary
Homoseksual : homos, seks

KBBI
primary erotic psychological emotional and
social orientation is to same sex
gay males
lesbian females

19th century by a Germany psikologist Karoly

Maria Benkert
 Homosexual identity Beginning of 20th
century

1960 an transgender community

HIV >>
sexual intercourse through anus, and this is
often by using lubricants to avoid injury
anus area. In addition to lubricating,
homosexuals also always wear a condom
 Kemenkes 2012
1.095.970 LSL (Men having ex with men)
both visible and not visible

> 5% (66.180) : HIV +

80 % : syphilis 1/3 active herpes simplex

PBB 2011 3 million people LGBT

 Global Attitudes Project Report Pew
Research
their rejection of homosexuality by 93% of
survey respondents in the country and
only 3% were receptive
 Problem
s

knowing about the

phenomenon of homosexuality
in terms of both medical and
legal
PURPOSE

General purpose
Knowing medical and legal aspect of
homosexuality

Special purpose
Knowing definition of homosexual
Knowing medical aspect of homosexual
Knowing opinions about homosexuals in society
 The advantage of
writing
For student
For educational
Provide an understanding of institution
the phenomenon of
homosexuality, especially
from the medical and legal Expected to complement
aspects the literature related to the
case in the medical field,
especially about sexually
transmitted diseases
 What is
HOMOSEXUALITY?
- homosexuality means that men are sexually and emotionally
attracted to men, and women are sexually and emotionally
attracted to women. This is also called same-sex attraction.

- a sexual attraction or sexual relations with

persons of the same sex.
Definition of terms:

HETEROSEXU
AL sexually attracted to people of the
opposite sex

HOMOSEXUA
L sexually attracted to people of their
own sex

BISEXUAL
sexually attracted to both men and women

TRANSGENDER
people who are born with typical male or
female anatomies but feel as though
theyve been born into the wrong body.
 Homosexuality in
Indonesia
Majority of Indonesin people see homosexuality
as a deviation in social structure
Homosexuality in Indonesia begins in 1960
1. Pendirian Himpunan Wadam Djakarta (Hiwad)
2. Other organization

The transvestites are groups who are

less able or physiological defects
 What causes
HOMOSEXUALITY?
The theories about the cause of homosexuality fall into
three categories:
1. Environmental theory
a. General Family
Influence
Researchers have provided evidence that gay men
report having had less loving and more rejecting
fathers, and closer relationships with their mothers,
than non-gay men
For men, same-sex marriage was associated with having
older mothers, divorced parents, absent fathers, and being
the youngest child.

For women, maternal death during adolescence and being

the only or youngest child or the only girl in the family
increased the likelihood of same-sex marriage
b. Parenting
Cameron , (2006) gay and lesbian parents would be more
likely to have gay, lesbian, bisexual or unsure (of sexual
orientation) sons and daughters

c. History of Sexual Abuse (psychological

variable)
Journal of the American Medical Association

"Abused adolescents, particularly

those victimized by males, were
up to 7 times more likely to self-
identify as gay or bisexual than
peers who had not been abused."
2. Biological Theory
Temperament or possible genetic
predisposition
The Gay and Lesbian Medical
Association recommends that people
not use the argument that
homosexuality is biological because
there is simply not enough evidence

3. Food and Lifestyle theory

Cavan Sieczkowski from New York

Daily News
chicken producers inject female
hormones into the fowl, "and because of
that, men who consume them have
problems being men."
 A neurobiologist from
Amsterdam University, Dick
Swaab

Pre-birth exposure to both nicotine and

amphetamines increases the chance of lesbian
daughters.

Pregnant women suffering from stress are also

more likely to have homosexual children of both
genders because their raised level of the stress
hormone cortisol affects the production of foetal
sex hormones.
 Medical Perspective
1. Genetic

Homosexuality is more common in males belonging

to the maternal line of male homosexuals

2. Hormonal

Maternal stress could induce homosexual fetal

3. Physiology

Gallo (2000) found differentiation structure of

hypothalamus in order to sexual orientation
 Brown and Williams (2010) found that lesbians
have long fingers that looked more like men in
general finger - the index finger shorter than the
ring finger

lesbians may have higher testosterone levels

than heterosexual women earlier in life
 HIV and
72% Anal sex
Sexual
Without condom transmitted
or lubricant diseases risk

Changing partners

17% Anal sex

As of Nov. 6, 2014
By TakePartWorld
Homosexuality gives diseases which is
difficult to cure

2% of U.S. population is
gay yet it accounts for
61% of HIV infection:
"Men who have sex with
men remain the group
Gay men lifespan shorter most heavily affected by
than non gay men: "The life new HIV infections
expectancy for gay and (Center for Disease Control,
cdc.gov/nchhstp/newsroom/HIVI
bisexual men is 8 to 20 ncidencePressRelease.html)
years less than for men in
general.Robert S. Hogg
Aids.gov
As of Nov. 29, 2012
By The Atlantic
 Legal Aspect
Marriage law (UU No. 1/1974) declare
Perkawinan adalah ikatan batin antara
seorang pria dan seorang wanita sebagai
suami isteri dengan tujuan membentuk
keluarga (rumah tangga) yang bahagia
kekal berdasarkan Ketuhanan Yang Maha
Esa
explicitly defines marriage as a bond of
union between a man and a woman.
 Pornography Law (Law No. 44/2008)
includes the term "deviant coitus" as one
element of pornography. In explanation of
this sense of the term includes, among
others, coitus or other sexual activity with
corpses, animals, oral sex, anal sex,
lesbian, and homosexual."
 KUHP Provision 292 qualifies as a crime
(contained in Book II) with the threat of
imprisonment of 5 years and this homosexual
termed as same-sex"
Orang dewasa yang melakukan perbuatan
cabul dengan orang lain sesama kelamin, yang
diketahuinya atau sepatutnya harus diduganya
belum dewasa, diancam dengan pidana penjara
paling lama lima tahun
 when homosexuality
becomes a crime

1. The culprit is an adult

2. That adult act prurient to the same
sex
3. Victims of obscene acts shall be a child
The role of forensic science in
homosexual case

In homosexual relationship violence often

occurs either physical sexual or emotional
In case of sexual crimes, examination object
medical science is the human body
Rape
Puncture injuries
Poisons
Clothes inspection
To indicate the occurrence of same-sex
intercourse with men :
examined in the rectum or mouth of victim to observe the
sperm
rectal funnel-shaped
sphincter muscles can not function properly

Forensic Examination
General examination on the body to look for injuries caused by
violence
Examination of ano-genital and the documentation if there is
injuries
Taking forensic swab from areas that allow the presence of body
fluids such as semen, or saliva
 The faster the forensic specimens can be taken,
the possibility of DNA can be more identified.
If the swab taken from the mouth, swab should
be taken within 24 hours after the incident.
If the swab is taken from the anal, swabs should
be taken within 48 hours after the incident.
Medical evidence examination

Sperm or spotting sperm

Head hair
Pubic hair
Blood
Tooth
Bite mark or saliva
 Conclusio
n
According to religious law in Indonesia homosexual
an unauthorized act or wrong religion. Same-sex
relations increases the risk of a wide range of sexually
transmitted diseases, especially HIV, that increasing
the mortality and morbidity of Indonesian society. In
the field of forensic medicine, the doctor can help a
forensic examination which aims to find evidence to
support that a person experiencing sexual violence.
From the social point, the Indonesian people regard
homosexuality as something reprehensible in terms of
legal, religious, and medical