Author : Aswan, Muh.
European Journal of Molecular & Clinical Medicine,
2020, Volume 7, Issue 7, Pages 1139-1146
Criminalization policy becomes a State’s authority that is exercised before conducting authority to determine criminal sanctions for prohibited acts. To study whether or not same-sex intercourse by fellow adults to be criminalized, the basis of study is approaches used in criminalization policies that are value and policy approaches. In this case, a value approach is a value of communities’ decency and the philosophy adopted by the State which will criminalize the act. While, a policy approach are done by considering the costs or burdens borne by the community with the results to be achieved. The purpose to criminalize obscene, gay, and homosexual acts as well as other forms of same-sex intercourse is to protect the community, in this case public order in moral conduct because such actions are not in accordance with the values of Pancasila and the customs of the Indonesian people that adhere to religio-magical.