TINJAUAN YURIDIS KRIMINOLOGIS TERHADAP LESBI GAY BISEKSUAL DAN TRANSGENDER (LGBT) DALAM PERSPEKTIF KITAB UNDANG-UNDANG HUKUM PIDANA

The existing legislation in Indonesia has not been able to reach the issue of Gay Bisexual and Transgender Gay (LGBT) Lesbi. So there is no clear legal basis if there are cases of Gay Bisexual and Transgender Gay (LGBT) which is currently more prevalent in Indonesia. This study aims to find clear legal arrangements regarding Gay Bisexual and Transgender Gay (LGBT) in this case there is a law that must be addressed to fight LGBT community that has been very disturbing community. The problems to be studied in this paper are 1) What factors affect the occurrence of lesbian, gay, bisexual, and transgender (LGBT) if viewed from a criminology point of view? 2) How the legal arrangements governing lesbian, gay, bisexual, and transgender (LGBT) in the perspective of the Penal Code. The research method in this paper is using normative legal research type. The results of this paper indicate that there are several factors that influence the phenomenon of LGBT behavior. The existence of a community that leads to the preservation of an intimate association or an increasingly widespread LGBT community, the lack of ability of social groups or institutions in a society in implementing the norms or regulations that should be able to work effectively; and the imbalance of values and norms in the society causing the deviation of one of them LGBT. The regulation on LGBT in the Criminal Code has not been able to reach LGBT issues that are increasingly widespread, because the provisions in this Criminal Code are considered not able to provide legal certainty to the perpetrators of sexual crimes committed by LGBT actors who become anxiety Indonesian society. The authors' conclusions and recommendations include material expansions of articles containing moral decisions, particularly article 284 on adultery, 285 on rape, and 289 for sexual immorality so that perpetrators of sexual crimes (LGBT) get legal certainty