Discrimination on the basis of sexual orientation in a police institution : a case study of a police officer’s dishonorable discharge in Indonesia

Abstract

In 2018, a gay police brigadier was dismissed from service after ten years because of his sexual orientation. In addition, based on Decree No. Kep/2032/XII/2018 issued by the Head of Central Java Regional Police on 27 December 2018, former Police Brigadier Tri Teguh Pujianto was discharged because he violated the Police Code of Conduct. Tri Teguh Pujianto filed an administrative lawsuit against the Head of Central Java Regional Police in 2019 to challenge the decision and its legal basis but failed to get favorable action. He filed a second administrative lawsuit against the Head of Central Java Regional Police in 2021, but the court rejected his lawsuit. As a final or last resort, Tri Teguh Pujianto can appeal for reconsideration at the Supreme Court. Considered a landmark case in the world's largest Muslim-majority nation, this study examines Tri Teguh Pujianto’s dismissal from the police force and his legal battle against the Central Java Regional Police. It takes the position that Tri Teguh Pujianto was wrongfully removed from the service. The legal basis used to dismiss him by the Central Java Regional Police was not constitutional and did not conform to universal human rights. The study, therefore, probes into the legal basis of Teguh's dismissal and the institutional factors and forces that influenced the decision of the Central Java Regional Police. Coming from a legal perspective (based on Indonesian law) but guided and aided by the human rights framework and the concept of hegemonic masculinity in gender studies, this study addresses the following questions: Was Decree No. Kep/2032/XII/2018 unlawfully created and applied in the dismissal of Tri Teguh Pujianto? What institutional or organizational factors within the Indonesian National Police shaped the making of Decree No. 2032/2018? Using triangulation for the empirical basis of the study, the findings revealed that Tri Teguh Pujianto was deprived of his rights when he was discharged from the police force based on his sexual orientation and that the process that was undertaken by the Central Java Regional Police to examine the alleged violations of Tri Teguh Pujianto raises doubts over the actions undertaken and decisions made. Examining the circumstances surrounding the dismissal of Tri Teguh Pujianto and the internal hierarchical organizational structure of the Indonesian National Police, the findings demonstrate that the Indonesian National Police is a gendered institution that reinforces rules and practices that result in gender inequality. The lack of comprehensive education on human rights and gender aggravates the existing conditions of gender relations and power within the police force. Implication of the thesis: This research aims to prevent similar cases in the future and contribute some interventions to institute relevant reforms in the police organization. It also encourages the Indonesian National Police to strengthen compliance with law and human rights standards.