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Criminalization of Lesbian, Gay, Bisexual and Transgender (LGBT) Behavior in Indonesia from the Perspectives of Maqashid Shari'ah and Utilitarianism

Year: 2025

Type: article

Abstract: This study aims to analyze the formulation of legal regulation for the criminalization of LGBT sexual behaviour in Indonesia through the perspectives of Maqashid Syari'ah and Utilitarianism. In a country with a Muslim-majority population, the LGBT phenomenon frequently raises a conflict between human rights protection and religious values. Using a normative juridical approach, this study examines legislation, legal theories, and relevant secondary data. Findings indicate that there is no explicit national regulation criminalizing LGBT behaviour. The Maqashid Syari'ah perspective emphasizes the protection of five fundamental principles: religion, life, intellect, lineage, and property. Meanwhile, Jeremy Bentham's Utilitarianism asserts that legal policy should maximize societal benefit. The study concludes that integrating these two approaches provides a balanced foundation for criminal policy formulation that upholds moral values and public interest without compromising justice and human rights.

Source: International Journal of Business Law and Education

DOI: 10.56442/ijble.v6i1.1137

Authors: Badrus Zaman Al Fikri, Nur Chanifah, Setiawan Noerdajasakti

Institution: University of Brawijaya

Language: English

Topic: Legal and Policy Analysis in Indonesia

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

OpenAlex ID: W4411451776

FWCI:

Cites: 7

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Related to: 10