KONTESTASI AGAMA, ADAT DAN NEGARA: PRAKTIK PERKAWINAN TRANSEKSUAL DI INDONESIA

• Main Author: Raissa Maharani, (Author)
• Format: Book
• Published: Fakultas Hukum Universitas Widya Gama Malang Indonesia, 2021-06-01.
• Subjects: Article; PeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/10629/1/1710611161_ArtikelKI.pdf
• Keywords: KZ Law of Nations

The research objective in this journal is to analyze the legality of marriages conducted by transsexuals in Indonesia based on the positive legal system in Indonesia and to analyze whether marriages committed by transsexuals in Indonesia are regulated in the legal system in Indonesia. In this study, the authors used a normative juridical method by qualitatively conducting a literature study using statutory regulations related to this research. In addition, the authors also use a statutory approach and a case approach in conducting this research. The result of research in this journal is that transsexual marriages are not in accordance with the Marriage Law. This is because the Marriage Law states that marriages must be carried out based on their respective religions. Meanwhile, any religion does not allow gender changes unless there is a disease. In addition, a person making a gender change can apply to the District Court for a gender change determination. After receiving a gender change determination, it is possible to register the gender change on Civil Registration as another important event. This aims to obtain the validity of identity and also legal certainty regarding a person's residency status.