Salah Laku LGBT Dalam Perundangan Malaysia: Undang-Undang Sebagai Mekanisme Pembanterasan dan Kawalan

This article studies the civil and Islamic laws which are enforced to handle issues of
misconduct by lesbian, gay, bisexual and transgender (LGBT) group in Malaysia. This
article is a qualitative legal study where data gathered through library research method
and evaluated through analytical approach in its content. Provisions from international
declarations and charters, Parliamentary acts, states' enactments, circulars and case
decided by courts are scrutinized to understand the legal foundations which act as
probihitory and pereventive measures towards LGBT-related activities from spreading.
Findings of the analysis indicate that Islamic law provide wider scope of legal provisions
compared to civil law relating to offences which involve LGBT group. However, the
offences are subject to certain limitation of punishment and only applicable to Muslim
offenders only. Due to the absence of specific law on LGBT from the legistalive bodies,
legal enforcement bodies and public prosecutor only rely on public law; namely Penal
Code, Syariah Criminal Offences (Federal Territories) Act 1997, Peaceful Assembly Act
2012, Entertainment (Federal Territory of Kuala Lumpur) Act 1992 and Small Offences
Act 1955. Thus, iti is hereby proposed that the Parliament and state legislative assembly
shall act more progressively in drafting and approving legal provisions which are more
specific and express to combat and control LGBT activities from continuing to tarnish
the religious values, customs and cultures of Malaysian society.