EXISTENCE OF THE CONCEPT OF TRI HITA KARANA IN GUARANTEEING

RIGHTS OF LGBT PEOPLE

LGBT (Lesbian, Gay, Bisexual, Transgender) constitute a minority of the existing social
and cultural life in the world, in which because of sexual orientation LGBT people who
deviate, LGBT people often get discrimination, whether it is from their identity, health care,
education, and their low social status of society, often get physical attacks, even up to killed.
Discrimination and inequality that they get as though they were not a humans, or a part of a
social society, in which they are often treated as though it as a source of disease, strange
creature, a monster, or aliens who can disrupt life for humans or society normal, so because
of that assessment, making them often be treated discrimination, and not to be treated as a
human being
LGBT people is a human being who has rights in accordance with the Universal
Declaration of Human Rights, the International Covenant on Civil and Political Rights. In
relation to the concept of Tri Hita Karana Balinese Hinduism, which are the three causes of
happiness, ie: human relationship with God, human relationship with the environment or
nature, the human relationship with humans. in the relationship between human beings, there
is a wish for a harmonious and balanced relationship between humans, which is a normal
society with people from the LGBT group without any acts of violence and discrimination
that should be felt by LGBT people
.
Keywords: LGBT, Human Rights, Tri Hita Karana Concept

1.

OVERVIEW

LGBT people (Lesbian, Gay, Bisexual, Transgender) constitute a minority of the

existing social and cultural life in the world, and especially in Indonesia. LGBT people are
considered a group that deviate from the general population, due to their sexual orientation
that is different from the general public, and behavior of LGBT people are abnormal or
deviant who can not be accepted by society and not in accordance with the existing social
norms, which is their sexual orientation is more directed to homosexual activity1,
Homosexuals usually connoted with sexual behavior and relationships with same-sex.
Because of their sexual orientation deviating, LGBT people often get discrimination,
whether it is from their identity, health care, education, and their low social status of society,
and often get physical attacks, even up to be killed. Discrimination and inequality that they
get as though they were not a humans, or a part of a social society, in which they are often
treated as though it as a source of disease, strange creature, a monster, or aliens who can
disrupt life for humans or society normal, so because of that assessment, making them often
be treated discrimination, and not to be treated as a human being.
In The Universal Declaration of Human Rights declared all human beings are born free
and equal in dignity and rights2. In addition to a declaration in the Universal Declaration of
Human Rights, the United Nations often hold a meeting in terms of discussing the protection
of LGBT people from discrimination measures, among others: International Conference on
LGBT Rights in Montreal on July 2006, Sixty-third Session of the General Assembly, New
York on 18 December 2008, discussion of LGBT equality at United Nations Headquarters,
New York on 10 December 2010, and Report of the United Nations High Commissioner for
Human Rights, Discriminatory Laws and Practices and Acts of Violence against Individuals
Based on their Sexual Orientation and Gender Identity on 7 March 2012. Other than that,
LGBT doing The LGBT National Community Dialogue of Indonesia on 13-14 June 2013 in
Nusa Dua, Bali, in which dialogue was organized by the United Nations Development
Programme (UNDP) together with the United States Agency for International Development
(USAID), and others .
When LGBT people do Dialogue in Nusa Dua, Bali, no one bothers or discriminate the
event. Bali which we know as the island paradise, which is inhabited by a majority of
Hinduism, with a peaceful life, in which in relation to the view of humans equality, Hindu
Bali has a concept called the Tri Hita Karana, the three forms of relationships to achieve a
1
2

Kartini Kartono, 2007, Patologin Sosial Jilid I, Raja Grafindo Persada, Jakarta p.14

Uneted nations,2008, Universal Declaration of Human Rights, dignity and justice for all of us, 60th
Anniversary, special edition, p iv

balance, namely: 1) the relationship humans with God (Parhyangan), 2) humans relationships
with the environment or nature (Palemahan), 3) the relationship between humans
(Pawongan). So in this case to address the problem of the existence of LGBT people, which
is connection with the relationship between human beings, can be learned in the Tri Hita
Karana concept whose purpose to create harmonization and balance between the general
public with LGBT people.
2.

HUMAN RIGHTS OF LGBT PEOPLE

LGBT (Lesbian, Gay, Bisexual, and Transgender) is a small community that is within

society, people in the LGBT community is considered to deviate from the general public,
because of seen based on their sexual orientation were more tends to like the same sex or
homosexual. Homosexuals who have the word "homo" which means the same and "sex"
which means sexes. Lesbian (women attracted to women), Gay men (men attracted to men),
Bisexual (men or women attracted to both Sexes), Transgender (male to female).
An LGBT is a whole human being, who have cause why someone becomes a LGBT, ie:
1. Biological or physiological perspective, which is due to three factors that affect the
genes, hormones, and chromosome or an imbalance in the amount of hormone in a
person since birth.
2. Sexual Violence and Traumatic Experience
3. Psychological in childhood, by relationship between parents and children. Which can
result from the award or punishment for sexual behavior experienced during child
development.
4. The situation of the environment is one of the drivers of homosexual acts. This action
appears to people who have been isolated with similar colleagues in a long time and
bonding tight spaces such as prisons3.
Therefore in part of them actually do not want to be a LGBT, but the circumstances and
their biological hormones that make them become an LGBT, people from LGBT groups is the
same a human being with a normal society, they were born of a human being, not of a
machine or a genetic or being formed by mistake research, LGBT people is also a human
being who has hope, wants to be noticed, to have a love, a sense of caring, and want a good
future, as well as the expectations held by the other normal human.
..

Hatib Abdul Kadir,2007, Tangan Kuasa dalam Kelamin, INSISTPress, Yogyakarta, p 75

Thus the people of the LGBT community is a man who also had to be protected their
rights just as other human beings. As in article 1 of the Declaration of Human Rights "all
human beings are born free and equal in dignity and rights. All human being means Including
LGBT members. Then the United Nations issued a five steps for protect LGBT people4.
Protect LGBT people from homophobic and transphobic violence 5 , whether it is done by
individuals, groups, organizations, or extremist groups, then the state must protect its citizens,
whether it be public or LGBT people, as guaranteed by Article 3 of the Universal Declaration
of Human Right, article 6 of the International Convenant on Civil and Political Rights, article
9 of the International Convenant on Civil and Political Rights and Article 33 (1) of the
Convention relating to the Srtatus of refugess.
Prevent the torture and cruel, inhuman and degrading treatmen of LGBT peolpes6, as
guaranteed by article 5 of the Universal Declaration of Human Rights, article 7 of the
International Convenant on Civil and Political Rights, article 1(1) of the Convention against
Torture and article 2 (1) of the Convention against Torture.
Repeal Law Criminalizing homosexuality7, as in article 2 of the Universal Declaration of
Human Rights, article 7 of the Universal Declaration of Human Rights, article 9 of the
Universal Declaration of Human Rights, article 12 of the Universal Declaration of Human
Rights, article 2 (1) of the International Convenant on Civil and Political Rights, article 6 (2)
of the International Convenant on Civil and Political Rights, article 9 of the International
Convenant on Civil and Political Rights, article 17 of the International Convenant on Civil
and Political Rights, article 26 of the International Convenant on Civil and Political Rights.
Prohibit discrimination on the basis of sexual orientation and gender identity8. Protect by
article 2 of the Universal Declaration of Human Rights, article 7 of the Universal Declaration
of Human Rights, article 2(1) of the International Convenant on Civil and Political Rights,
article 26 of the International Convenant on Civil and Political Rights, article 2 International
Convenant on Economic, Social and Culture Rights, and article 2 of the Convention on the
Rights of the Child.
Safeguard freedom of expression, association and peaceful assembly for LGBT and
intersex people9. As guaranteed by article 19 of the Universal Declaration of Human Rights,
4

Nations Human Rights,2012, BORN FREE AND EQUAL, Sexual Orientations And Gender Identity In
International Human Rights Law, New York and Genewa, p.13
5
Ibid
6
Ibid
7
Ibid
8
Ibid
9
Ibid

20 (1) of the Universal Declaration of Human Rights, article 19 (2) of the International
Convenant on Civil and Political Rights, article 21 of the International Convenant on Civil
and Political Rights, article 22 (1) of the International Convenant on Civil and Political
Rights.
United nations Secretary-General Ban Ki-Moon declared that To those who are
lesbian, gay, bisexual or transgender, let me say: You are not alone. Your struggle for an end
to violence and discrimination is a shared struggle. Any attack on you is an attack on the
universal values the United Nations and I have sworn to defend and uphold. Today, I stand
with you and I call upon all countries and people to stand with you, too"10.
United nations High Commissioner for Human Rights Navi Pillay declared that When
I raise the issue of violence and discrimination against individuals based on their sexual
orientation or gender identity, some complain that Im pushing for new rights or special
rights. But there is nothing new or special about the right to life and security of person, the
right to freedom from discrimination. These and other rights are universal: enshrined in
international law but denied to many of our fellow human beings simply because of their
sexual orientation or gender identity.11
3.

CONCEPTS TRI HITA KARANA OF HINDU BALI

Cosmological concept of Tri Hita Karana (Tri = three, Hita = prosperity, Karana = the

cause) is a philosophy emphasizing three human relationships in this life. In the BhagavadGita III.10 which is an element of Tri Hita Karana mention that Sahayajnah prajah sristwa
pura waca prajapatih anena prasawisya dhiwan esa wo'stiwistah kamadhuk, which means it
is In ancient times Prajapati (God) created humans with yadnya12 and said: you will develop
and will be kamadhuk (symbol of the universe ) of desire13.
In essence, the concept of Tri Hita Karana implies three the cause welfare it was
originates in the harmonious relationship between, ie14:
1. the relationship humans with God (Parhyangan),
10

Ibid, p 64
Ibid,
12
Etymologically the word Yadnya from the Sanskrit word which is 'yaj' means to worship, offering or
synonymous with sacrifice, of the word 'yaj' arises word 'Yajna' and 'yajamana', Yajna means to worship or
offerings, meaning that people who carry out yajamana yadnya. So yadnya is sincere unwilling sacrifice
selflessly for the benefit of themselves and the people. In terms of form yadnya, yadnya not only shaped
material or offerings but also in other forms such as; advice, helps guide the teaching blessing prayer to people
who need yadnya us.
13
Yayasan Bali Galang, 200. http://www.babadbali.com/canangsari/trihitakarana.htm
14
Ibid
11

2.

humans relationships with the environment or nature (Palemahan),

3.

the relationship between humans (Pawongan)

In the Balinese people, Parhyangan or the relationship between human and God realized
in a place to worship God as worship together are realized in the act and everyday behavior.
The place of worship is the Balinese society is realized in the form of Temple of Heaven
Three (Kahyangan Tiga) or holy places for Hindus in Bali.
Then the human relationship with the natural environment or Palemahan that the human
relationship with nature and the environment. As an obvious example is the territory of a
traditional village which has been determined definitively by the territorial limits of a
religious ceremony.
Human relationships with humans or Pawongan, which has a goal the good relations
between people that one with another humans. It can appear with the attitude of tolerance
among religious communities, mutual respect and mutual help with any person. If this has
been done it will creates a harmonious relationship and harmony between people of the same
religion or a different religion, and also with other communities. By mutual maintain good
relationships between humans, humans will be able to create a safe atmosphere, comfortable
quiet and peaceful. So the goal of human life can be fulfilled very well, both in the
relationship of individuals, families, and society.
Then the cultural values inherent in the concept of Tri Hita Karana is to realize the
harmony which includes the whole man devoted to the Almighty God, love for the
environment and in harmony and peace with our fellow human beings15.
4.

THE CONCEPT OF TRI HITA KARANA TO GUARANTEE HUMAN RIGHTS

OF LGBT PEOPLE
As understood by the people of Bali are contained in the "Manuscript of Buana Kosa16"

mentioned that humans body was created by the God from the elements of the universe called
the five mahabhuta, namely: pertiwi (earth element), apah (water element), bayu (wind
element), teja (light element), and akasa (sky/eter element). As well as in the minds of the
MPU Kuturan (The famous Javanese and Baliness sage) is: the human body as a palace
sanghyang atma (Brahman/ God) is sacred and must be kept and maintained as well as

15
16

Wiana, I Ketut, 2004. Bagaimana Umat Hindu Menghayati Tuhan, Pustaka Manik Geni.Jakarta, p 141
Bhuwana Kosa is the oldest manuscript in manuscripts Siwaistik group. It contains the science of God

possible. Thus, the universe is also required to be kept and maintained, because the human
body (Buana Alit) is also the universe (Buana Agung)17.
Then, in the above understanding man is God's creation, and also the palace of God holy
light, it can be understood that LGBT people are also human beings created by God, and they
also are part of the holy light of God, so that when we humans generally hurt or discriminate
against LGBT people then we also commit acts of violence and discrimination against god's
creation and God's holy light.
In the Tri Hita Karana concept contains a declaration that there is a relationship between
humans (pawongan) to create balance and harmony and harmonious state realized, peaceful,
of caring among humans, a good relationship between the public in general with LGBT
people. In the concept of Tri Hita Karana, human existence is a creation of God must also be
respected, as well as LGBT people also want to be respected. We know that LGBT people
have irregularities in their sexual orientation, and most of us have a fear of them because of
the existence of such differences. But what's the difference with people who are not LGBT
people who commit sexual crimes against the opposite sex. If they are different sexual
orientation, as long as LGBT people are not coercing sexuality to others, then it is not a thing
to be feared. Many LGBT people that without us knowing it has the ability and noble goals
even more precious than the normal person, because LGBT people are fully human just like
normal people, which they also have expectations and contribute their thoughts and energy to
progress human life.
LGBT people also have equal rights with other normal people, they also have the love,
affection and believe in God accordance with their beliefs (of Consecrated) also owned by
the same normal society. So based on the concept of Tri Hita Karana exist in the Hindu Bali,
we also have to create a sense of mutual respect and mutual help and accept LGBT people in
society and the state as well as other normal society, in order to create a balance, harmony,
concord in society .

17

Paper presented at the Focus Group Discussion on Climate Change Secretariat Bali, Kuta - Bali, October 18,
2007

DAFTAR BACAAN
Hatib Abdul Kadir,2007, Tangan Kuasa dalam Kelamin, INSISTPress, Yogyakarta, p 75
Kartini Kartono, 2007, Patologin Sosial Jilid I, Raja Grafindo Persada, Jakarta p.14
Uneted Nations,2008, Universal Declaration of Human Rights, dignity and justice for all of
us, 60th Anniversary, special edition, p iv
United Nations Human Rights,2012, BORN FREE AND EQUAL, Sexual Orientations And
Gender Identity In International Human Rights Law, New York and Genewa, p.13
Wiana, I Ketut, 2004. Bagaimana Umat Hindu Menghayati Tuhan, Pustaka Manik
Geni.Jakarta, p 141
Yayasan Bali Galang, 200. http://www.babadbali.com/canangsari/trihitakarana.htm
Paper presented at the Focus Group Discussion on Climate Change Secretariat Bali, Kuta Bali, October 18, 2007