Analysis of Legal Position Due To Sex Change: A Comparison Of Indonesian Civil Law With Islamic Law
DOI:
https://doi.org/10.29103/micolls.v2i.93Keywords:
Gender Change, Legal Position, Legal ConsequencesAbstract
The legal position of transgender people who have performed gender reassignment surgery is very important to be able to have a clear identity and legal certainty of law, so in this study we will see how the legal position of a transgender person who has performed a gender reassignment surgery is and to find out what the legal consequences are for someone. who have had sex reassignment surgery.The results of the study indicate that (1) the legal position of a person who has carried out a sex change operation according to civil law can change according to his gender after carrying out a sex change operation if he has received a determination from the court, while in Islamic law the legal position of a person who has made a change the same sex, does not change, remains in accordance with the original sex before the sex reassignment surgery even though it has received court approval. (2) The legal consequences for someone who has done a sex change is a change in the legal status in the civil inheritance law, whereas in Islam if the person has a normal sex then in the distribution of inheritance he follows the initial gender before the operation and the legal consequences for someone who does the change gender, if the marriage is carried out, then the marriage is considered invalid, because marriages that are considered valid are marriages carried out based on religious teachings, as stated in Article 2 paragraph (1) of the Marriage Law. Unless the person changes gender for perfection, then he is determined as the heir following his gender after the operation and the marriage he does is considered valid in the eyes of Religion and the State.It is recommended that the government can make a draft law that regulates this change in sex change (transsexual) because there is no law that regulates this issue. And to society, do not isolate and look down on people who change gender.
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Copyright (c) 2022 Sarah Fadilah, Hamdani Hamdani, Manfarisyah Manfarisyah
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