Paper

Reimagining the Civic: Legal Performativity, Sexuality, and LGBTIQ in Indonesia

Arief Rianto Kurniawan, Centre for Human Rights Research and Development, Ministry of Law and Human Rights, Jakarta, Indonesia; Ahmad Fathony, Centre for Human Rights Research and Development, Ministry of Law and Human Rights, Jakarta, Indonesia

Panel

Nation, Ethnicity, Intimacy, and Sexuality

Abstract

This presentation seeks to elucidate the interrelationship between power, public intimacy, and the vernacularization of human rights. By focusing on the LGBTIQ discourse in several court decisions on criminal, civil, administrative, and judicial review cases, we suggest that the construction of human rights has been largely dependent on the political populist agenda. Through the lens of legal performativity on the court of law’s reasonings, we could basically see an ideological myriad in understanding gender, sexuality, and identity of the sexual minority groups. These reiterative practices have been exerting the deviancy or threat of LGBTIQ beyond sexual behaviour—as commonly understood, while on the other occasions, they rather perform LGBTIQ as part of identity that should be legally protected from discriminatory speech. Gender and sexuality of LGBTIQ group are thus better understood as an assemblage of various materialities that exist in modern Indonesian society.

Download Paper

CCSEAS Conference 2021 | ccseas@yorku.ca