Legal Protection of Lgbt (Lesbian, Gay, Bisexual, Transgender) Rights in The Perspective of the Yogyakarta Principles 2007 Reflecting International Human Rights Law

JIANTARI, ROSTIKA (2021) Legal Protection of Lgbt (Lesbian, Gay, Bisexual, Transgender) Rights in The Perspective of the Yogyakarta Principles 2007 Reflecting International Human Rights Law. Undergraduate thesis, Universitas Internasional Batam.

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Abstract

LGBT people face discrimination and violence daily, mostly impacted by religious and cultural values in some countries that view homosexuality and transgender as a taboo. Capital punishment or death penalty, and other forms of punishments are unavoidable as homosexuality is seen as deserving of death penalty. Most religious and cultural values across the world believe that a relationship between a man and a woman is the most fundamental norm of a sexual relationship. And thus, these conservative beliefs are one of the main reasons why LBGT rights are still left far behind from being protected. To ensure the legal protection of LGBT rights internationally, the Yogyakarta Principles 2007 was established. This paper aims at understanding the Yogyakarta Principles 2007 as one of many human rights legal instruments by using the theory of Legal Protection by Philipus M. Hadjon. Therefore, the type of legal research used in this paper to conduct a substantive analysis of the main study of this paper is the normative legal research. Secondary data was chosen to gain definite and concrete proof of this study that is obtained from library materials. Literature study technique was used as this undergraduate paper requires numerous reviews or arguments associated with the primary research as the foundation for discussion. Considering that the Yogyakarta Principles 2007 explores LGBT rights in society, qualitative research method was used in this undergraduate paper. Research results of this undergraduate paper show that the increasing violence rate towards the LGBT community raises enough concerns and questions about the justification of human rights. The Yogyakarta Principles 2007 serves well as a legal instrument that provides 29 (twenty-nine) principles to justify LGBT rights and is derived from various international human rights laws that are legally binding. This study also proves that the Yogyakarta Principles 2007 is fully recognized by the Indonesian National Commission on Human Rights but has not been implemented by the government of Indonesia. Keywords: LGBT, Human Rights, Legal Protection, Yogyakarta Principles 2007

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