NAMA : SHOFI IMROATUL KARIMAH

NIM : 190910101085
JURUSAN : HUBUNGAN INTERNASIONAL
KELAS : A2 BAHASA INGGRIS

IS IT OUR RIGHTS OR GROUP RIGHTS?

An issue about LGBT nowadays exist in global arrangement, the success of spreading
LGBT is reached through a series of pro-LGBT movement which is exist since a long time.
This phenomenon is supported by Universal Declaration of Human Right in 1948, with politic
reformation and democratization which is misunderstanded as liberalism process and freedom
of expressing self. Over all, the whealthier and the more secular nation, the bigger probability
to get the rights of LGBT. The other hand, the more poor and the more religious nation, the
bigger probability to push the rights of LGBT. Especially from the fact, wheater that nation
democratic or not, the rights of LGBT almost nothing in non-democratic nation (Encarnacion,
2014)

Globalization of LGBT continues to increase, so it is predicted that in the coming years,

there will be major issues developing on LGBT rights on a global scale such as: Eradication of
persecution based on sexual orientation; Legal protection of LGBT people from hatred and hate
propaganda; The same privileges (marriage, partnership, medical decision making, will,
parenting and adoption); and socialization towards other people who tend to be homophobic
and heterosexism (Subhrajit, 2014).

The UDHR (Universal Declaration of Human Rights) 1948 does not specify that male
sexual orientation must be towards women or vice versa, but that does not necessarily mean
that LGBT behavior must be permitted and supported. UDHR 1948 also regulates restrictions,
in Article 29 (2) it states that: In the exercise of rights and freedoms, everyone shall be subject
only to such limitations as are determined by law solely for the purpose of securing due
recognition and respect for the rights and freedoms of others and of meeting the just
requirements of morality, public order and the general welfare in a democratic society (UDHR
1948). Meanwhile, the UDHR also guarantees the right of everyone to believe in the teachings
of his religion, and practice the teachings of that religion well. Art. 18 of UDHR 1948 states
that: Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.
Similar in the national law, Article 28J (2) of the 1945 Constitution of the Republic of
Indonesia, Article 69 (1) and 73 of the Law HAM No. 39/1999, restrictions have been
determined which in essence that every person who has human rights must also respect the
human rights of others, respect the restrictions determined by law, meet the moral, ethical, and
orderly requirements of people's lives, nation and state, religious values, and maintaining the
security and public order of democratic societies. In the statutory regulations, it has been
stipulated that marriages that are recognized are legally conducted marriages (Article 28B of
the NRI 1945), marriages are considered legal if carried out based on religious provisions, and
marriages are performed by a man and woman (Marriage Law No. 1 / 1974). Even if LGBT
people engage in deviant sexual behavior not to have a family / marriage, the argument for
rejection actually strengthens. Morally, ethics, religious values, and public order, sexual
relations without marriage between men and women are not justified by the community,
especially if coupled with sexual behavior that deviates from his nature.
The First Precept of the Republic of Indonesia states that Indonesia recognizes the
existence of "God", the real manifestation of acknowledgment of God is to obey His commands
and prohibitions contained in the scriptures and religious teachings. Article 28E paragraph (1)
of the 1945 Constitution ("1945 Constitution") stipulates that: "Everyone is free to embrace
religion and worship according to his religion ...". Article 28E paragraph (2) of the 1945
Constitution also provides that every person has the right to freedom of belief. Also in Article
28I paragraph (1) of the 1945 Constitution also regulates that the right to religion is a human
right. Furthermore Article 29 paragraph (2) of the 1945 Constitution also states that the State
guarantees the freedom of each of its inhabitants to embrace religion. Religion recognized in
Indonesia does not allow deviant sexual behavior, as stated in the Qur'an: "Surely you come to
men to release your passions (to them), not to women, then you are the people who transgress
the limits" (QS AlA'raaf: 81 ) (Sayyid, 2002).
In Islam, LGBT is a very despicable act, that is indicated in a letter "Lut", in that letter,
it is told how Allah was furious and punished a group of people who committed homosexual
acts. The Bible also states clearly that God designed that sex is carried out only between men
and women, and only in marital bonds (Genesis 1:27, 28; Leviticus 18:22; Proverbs 5:18, 19),
the Bible condemns adultery, which includes behavior homosexuals and heterosexuals are
forbidden (Gal 5: 19-21). The law guarantees the right of everyone to have a religion and carry
out obligations according to the guidance of his religion. Islamic teachings, for example, are
not only ordered by Muslims to carry out obligations but also prevent munkar. If there is a
deviation from the teachings of religion (LGBT), especially if it is done by those who are also
Muslim, then something is natural if they reject the perpetrators and sexual behavior deviating
LGBT. Based on religious views, LGBT is a deviation from the will of God, that men should
be paired with women and vice versa. The law stipulates restrictions in Article 28B (1) of the
1945 Constitution: "Every person has the right to form a family and to continue descendants
through a legal marriage". In Indonesia a marriage will be considered legal if it complies with
religious provisions, and marriage is conducted by a man and a woman, Articles 1 and 2 of
Law No. 1/1974 concerning Marriage states that: "Marriage is a spiritual bond between a man
and a woman as husband and wife with the aim of forming a happy and eternal family
(household) based on the Almighty God" "Marriage is legal, if it is done according to the law
- His religion and beliefs ".
Departing from the above statutory provisions, if LGBT deviant behavior is not
intended to get married, it will actually make the argument of rejection become stronger.
Because, based on morality, ethics, religion, community values and order, sexual relations
without marriage between men and women are not permitted and are considered immoral acts,
especially if it is done with deviant sexual behavior. Human rights protection for LGBT people
must be upheld in terms of if they experience discrimination, bullying, violence, and all other
forms of human rights violations. As reported by the National Human Rights Commission in
2015, that the LGBT Community experienced difficulties in fulfilling the right to health, the
right to work, the right to receive fair legal treatment, and the right to freedom of expression
(Komnas HAM, 2016).
Based on the above report objectively, it can be seen that LGBT groups do indeed
experience human rights violations in terms of the right to access health facilities, get jobs, and
fair laws. Whether based on law, religion, and human rights, everyone must have the same
rights to these matters and be treated fairly, without having to first ascertain the subject is
LGBT or not. However, regarding freedom of expression, we must be observant of what kind
of freedom is desired, what kind of expression is carried out, and whether the right to free
expression violates the rights of others, religious norms, culture, and local public order.
Protection of human rights of LGBT people does not mean obeying all their wishes and
demands, the government must be keen to sort out that not all of their demands are purely based
on human rights, from several factors there are demands that want the realization of the will
without thinking about the human rights of the people around them. Legally, human rights are
indeed recognized, respected and protected in Indonesia. But that does not mean that every will
can be carried out freely. There are restrictions set by the law, moral teachings, community
ethics, and religious values which affirm that every human being in addition to having human
rights to be fulfilled, they also have human rights to respect the rights of others and the
communities in which they are located

The negative impact caused by the LGBT phenomenon not only damages a person's
health scales, but erodes and sues the harmony of community life as well as damaging the
morals of a nation. From the sociology point of view of someone who has been exposed to
LGBT can cause an increase in social symptoms and immorality that can not be controlled.
These symptoms can also damage the family institutions and kill offspring. The family is the
basic unit of a society and the subsequent formation of a nation and state. But with the
phenomenon of Lesbian, gay, bisexual and transgender (LGBT) which spreads to all people of
the world, including our country, it gives various effects to traditional family institutions.

The following negative impacts are caused :

 Health impacts
The health impacts that can damage LGBT people include the following:
 78% of homosexual offenders have contracted sexually transmitted diseases.
 The average age of gays is 42 years and decreases to 39 years if AIDS victims from gay
groups are included. While the average age of married and normal men is 75 years. The
average age of lesbians is 45 years while the average woman who is married and normal
is 79 years old.
 Causing damage to organs peranakan (reproduction) and can weaken the main sources
of semen and kill sperm so that it will cause infertility.2.

 Social impact
Some of the social impacts caused are as follows:
 Research states that a gay man has a partner between 20-106 people per year. Whereas
someone's adultery partner is no more than 8 people in his lifetime.
 43% of gay people who were successfully recorded and researched stated that during
their lifetime they had homosexuals with more than 500 people. 28% do it with more
 than 1000 people. 79% of them said that the homo pair came from people he didn't
know at all. 70% of them are only a couple of nights or a few minutes

 Impact of Education
The effects of education include students who consider themselves gay to face the problem
of dropping out of school 5 times more than normal students because they feel insecurity.
And 28% of them were forced to leave school

 Safety Impact
The impact of security is even more astonishing, namely:
 Homosexual sex causes 33% of sexual abuse of children in the United States; whereas
their population is only 2% of the entire American population. This means that 1 in 20
cases of homosexual sexual abuse is sexual abuse of children, while of 490 cases 1
adultery is sexual abuse of children.
 Although the current research states that the actual percentage of sexual homo is
between 1-2% of the American population, they state that their population is 10% with
the aim that the public assumes that their numbers are large and influences the politics
and legislation of society.