URGENSI PENGATURAN PERILAKU HOMOSEKSUAL SEBAGAI TINDAK PIDANA DALAM HUKUM POSITIF INDONESIA

The phenomenon of homosexual behavior in Indonesia is still a debate among the community. The problem is that the existence of homosexuals has different explanations according to Pancasila, positive law and norms of life carried out by society. So that Indonesian positive law does not provide definite legality regarding homosexual behavior. Therefore, this research was presented by the author to get an answer regarding the legal vacuum and the complexity of homosexual behavior from various points of view. This study uses a normative legal method with a regulatory approach per Law, case approach and comparative analysis. The technique of collecting legal materials uses literature studies, describing the phenomenon of cases regarding homosexuals and contrasting them with Laws and Regulations. The research results show that Article 292 of the Criminal Code states that regulations regarding homosexual behavior do not explicitly prohibit homosexual behavior, then the promulgation of Law 1/2023 concerning the New Criminal Code has updated the provisions contained in Article 292 of the Criminal Code. However, the New Criminal Code has been in effect since 3 years after it was enacted, namely in 2026. The urgency regarding the regulation of homosexuality is based on factors that influence the law and norms implemented by society. The legal factor is based on the legal vacuum in the Criminal Code which does not explicitly regulate homosexual behavior, so there is no legal certainty regarding homosexual behavior causing this behavior to be freely carried out. From the results of this study, a suggestion was obtained, namely that Article 292 of the Criminal Code should regulate sanctions against homosexual behavior because it is contrary to the norms of society so that it becomes an interest that must be prioritized.