Reconstructing Population Law for Transsexual Status Change Based on Humanitarian Values

Gender change regulations in Indonesia present complex legal and social challenges that require thorough examination to ensure protection and recognition of individual rights. This study aims to describe and analyse the ratio legis of the legal provisions regarding gender change from the perspective of Indonesian legislation, as well as to identify and analyse the relevance of these provisions to Werner Menski’s legal pluralism triangle concept. The research employs normative legal methods using statutory, philosophical, and conceptual approaches. Data collection is conducted through literature studies on laws and regulations, legal literature, and court decisions related to gender change. The results indicate that the ratio legis of gender change provisions reflects the state’s effort to protect and recognise the personal and legal status of every citizen. However, these provisions have not yet shown strong relevance to Werner Menski’s legal pluralism triangle concept, particularly regarding the legal protection of transgender individuals whose petitions for gender status changes have been rejected by the courts. The conclusion emphasises the need to adjust national legal norms to better respond to the complex moral, social, and cultural issues arising in a globalised society.

Publication Details

Journal
Jurnal Kajian Pembaruan Hukum
Published
2025-05-21
DOI
https://doi.org/10.19184/jkph.v5i1.53692
Primary Topic
Wildlife Conservation and Criminology Analyses
Type
article
Field-Weighted Citation Impact
0.00
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article

Reconstructing Population Law for Transsexual Status Change Based on Humanitarian Values

Jurnal Kajian Pembaruan Hukum
Wildlife Conservation and Criminology Analyses
article

Reconstructing Population Law for Transsexual Status Change Based on Humanitarian Values

article en

Abstract

Gender change regulations in Indonesia present complex legal and social challenges that require thorough examination to ensure protection and recognition of individual rights. This study aims to describe and analyse the ratio legis of the legal provisions regarding gender change from the perspective of Indonesian legislation, as well as to identify and analyse the relevance of these provisions to Werner Menski’s legal pluralism triangle concept. The research employs normative legal methods using statutory, philosophical, and conceptual approaches. Data collection is conducted through literature studies on laws and regulations, legal literature, and court decisions related to gender change. The results indicate that the ratio legis of gender change provisions reflects the state’s effort to protect and recognise the personal and legal status of every citizen. However, these provisions have not yet shown strong relevance to Werner Menski’s legal pluralism triangle concept, particularly regarding the legal protection of transgender individuals whose petitions for gender status changes have been rejected by the courts. The conclusion emphasises the need to adjust national legal norms to better respond to the complex moral, social, and cultural issues arising in a globalised society.

Jurnal Kajian Pembaruan HukumVol. 5(1)
Openalex Percentile: Top 83%
Wildlife Conservation and Criminology Analyses
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