by Alya Nurbaiti

Civil groups have criticized the Jakarta Police over the criminalization of the lesbian, gay, bisexual and transgender (LGBT) community following a recent raid on a private party in Kuningan, South Jakarta. On Aug. 29, police officers broke into an apartment where 56 males were holding a private gathering. The police later named nine people, who were the party organizers, as suspects, while the 47 attendees became witnesses in the case.

Investigators charged the nine suspects under Article 296 of the Criminal Code, which is generally used to charge pimps. They also charged the suspects under Article 33 of the 2008 Pornography Law, which restricts people from funding or facilitating pornographic services, which carries a maximum sentence of 15 years imprisonment.

The Civil Society Coalition for the Protection of the Rights of Vulnerable Groups criticized the force’s decision to name the party organizers suspects, saying the charge was unsuitable as the organizers did not hold the party for profit. The coalition -- consisting of several civil groups including the Institute for Criminal Justice Reform (ICJR), LGBT rights group Arus Pelangi and the Indonesian Legal Aid Institute (YLBHI) -- also argued that partying in a private space could not be considered a violation of the law.

It went on to say that the police had violated the International Covenant on Civil and Political Rights, which was ratified by Indonesia through Law No. 12/2005, which restricts state authorities from arbitrarily entering citizens’ residences. Civil rights groups also lambasted the police for not providing legal assistance to the suspects and witnesses during the investigation, although it is guaranteed by Article 54 of the Criminal Law Procedures Code (KUHAP). Read more via Jakarta Post