PERBANDINGAN PENGATURAN TINDAK PIDANA HOMOSEKSUAL MENURUT HUKUM PIDANA INDONESIA DAN HUKUM PIDANA ISLAM DI BEBERAPA NEGARA DENGAN MAYORITAS PENDUDUK BERAGAMA ISLAM

Abstract

One of the problems that insult the Indonesian nation today is Homosexual crime. Homosexuality as
a sexual orientation of the same sex, which deviates greatly from the norms, religion, law, Pancasila, morals
and customs of Indonesian citizens. Homosexual behavior often leads to the mental and psychological
health of the victims. In Islam it also strictly prohibits homosexual acts, the consequences for health and
psychology are very serious. Often cases of Homosexual crimes appear and come to light after a number of
victims report them. The effects of homosexual crime lead to mental trauma, injury to the genitals and
rectum and potential future perpetrators for both boys and men. Not only the State of Indonesia, countries
with very strict Muslim populations prohibit homosexual acts in their countries, so that homosexuality is
defined as a criminal offense in these countries.
This type of research is normative legal research, namely using literature study to search the data.
This research is descriptive in nature which tries to provide data as thorough and as detailed as the existing
problems. In this study using qualitative data analysis which means explaining and concluding about the
data collected by the author. This research uses secondary data or codified scientific data.
The results of this study are to explain that the prohibition for homosexual perpetrators is clearly
regulated in the Al-Qur'an and Hadith. As well as in the Indonesian National Law has been regulated, but it
is lacking in categories and the need for additional stops for Homosexual offenders. This regulates
regulations regarding Homosexuals in Indonesia which are not yet perfect. The author provides an ideal
concept of rehabilitation for Homosexual offenders and differentiates between Homosexual offenders and
non-Homosexual sex offenders, and adds a category for Homosexual crime victims. So it is hoped that the
pre-ban can minimize Homosexual crimes in the future.
Keywords: Homosexual - Indonesian Criminal Law - Islamic Criminal Law