Penggantian Kelamin Bagi Transeksual Serta Akibat Hukumnya Menurut Hukum Islam dan Hukum Positif di Indonesia

Sex reassignment of transsexual individuals is something that is quite viewed by many people, regarding the legal status of a person who undergoes sex reassignment surgery, especially with marriage in Indonesia, and the District Court Decree (PN) provides guidance and explanation regarding this matter. The nature of God Almighty creates two sexes between male and female, along with the development of science and technology, especially in the field of medicine for those who experience conditions can also be called Sex Reassignment Surgey as a form of treatment in order to match their soul. Therefore, the researcher analyzes how Islamic law and national law regulate the legal status of transsexuals after sex reassignment and its implications for their rights and analyzes the procedure for sex reassignment and its impact. The stages of analysis use the descriptive method and deductive mindset. The results of this study conclude about the replacement of transsexual genitals in the consideration of the judge and granting the application in accordance with Islamic law and national law based on Law number 4 of 2004 written in article 28 paragraph 1.

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Publication Details

Journal
JURNAL RISET RUMPUN ILMU SOSIAL POLITIK DAN HUMANIORA
Published
2025-06-20
DOI
https://doi.org/10.55606/jurrish.v3i3.5579
Primary Topic
Marriage and Family Dynamics
Type
article
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article

Penggantian Kelamin Bagi Transeksual Serta Akibat Hukumnya Menurut Hukum Islam dan Hukum Positif di Indonesia

Dudik Djaja Sidharta, Noenik Soekorini, Ainur Rochmah
JURNAL RISET RUMPUN ILMU SOSIAL POLITIK DAN HUMANIORA
Marriage and Family Dynamics
article

Penggantian Kelamin Bagi Transeksual Serta Akibat Hukumnya Menurut Hukum Islam dan Hukum Positif di Indonesia

Dudik Djaja Sidharta, Noenik Soekorini, Ainur Rochmah
article en

Abstract

Sex reassignment of transsexual individuals is something that is quite viewed by many people, regarding the legal status of a person who undergoes sex reassignment surgery, especially with marriage in Indonesia, and the District Court Decree (PN) provides guidance and explanation regarding this matter. The nature of God Almighty creates two sexes between male and female, along with the development of science and technology, especially in the field of medicine for those who experience conditions can also be called Sex Reassignment Surgey as a form of treatment in order to match their soul. Therefore, the researcher analyzes how Islamic law and national law regulate the legal status of transsexuals after sex reassignment and its implications for their rights and analyzes the procedure for sex reassignment and its impact. The stages of analysis use the descriptive method and deductive mindset. The results of this study conclude about the replacement of transsexual genitals in the consideration of the judge and granting the application in accordance with Islamic law and national law based on Law number 4 of 2004 written in article 28 paragraph 1.

JURNAL RISET RUMPUN ILMU SOSIAL POLITIK DAN HUMANIORAVol. 3(3)
Universitas Dr. Soetomo (ID)
Gender equality
Openalex Percentile: Top 72%
Marriage and Family Dynamics
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Penggantian Kelamin Bagi Transeksual Serta Akibat Hukumnya Menurut Hukum Islam dan Hukum Positif di Indonesia — Dudik Djaja Sidharta, Noenik Soekorini, et al. · JURNAL RISET RUMPUN ILMU SOSIAL POLITIK DAN HUMANIORA (2025) | TGRS Research Map | TGRS