LGBT REGULATORY VOID: THE URGENCY OF FORMING LOCAL REGULATIONS WITH A HUMAN RIGHTS PERSPECTIVE

Abstrak

The phenomenon of Lesbian, Gay, Bisexual, and Transgender (LGBT) remains a contentious sociolegal issue in Indonesia, including in Bima Regency, which has a strong socio-religious character.
The absence of specific regulations regarding LGBT issues creates a legal vacuum, resulting in
unclear handling and policy implications. This situation results in uncertain norms, weak law
enforcement, and an increased risk of social discrimination against LGBT groups. This study aims
to analyze the absence of LGBT regulations in Bima Regency and the urgency of establishing
Regional Regulations that align with community needs and human rights principles. The method
used is normative juridical with statutory, conceptual, and comparative approaches. Primary legal
materials include the 1945 Constitution, the Criminal Code, the Human Rights Law, and other
regional regulations related to LGBT issues. Secondary legal materials were obtained from
literature, scientific articles, and research, while tertiary legal materials included legal
dictionaries and news articles. Data analysis was conducted qualitatively through content analysis.
The research findings indicate that the regulatory gap has led officials and the public to rely more
heavily on moral or customary standards, potentially repressive, and hindered access to healthcare
for groups at high risk of HIV/AIDS. Comparative studies have shown that regulations in other
regions emphasize prevention rather than rights protection. This research contributes to offering
a model for regional regulations that adapts to issues of morality and human rights. Therefore,
balanced Regional Regulations are needed, taking local norms into account, ensuring the principle
of non-discrimination, and serving as a social engineering instrument to prevent conflict, protect
citizens' rights, and strengthen legal certainty in Bima Regency.