Reformulasi Perubahan Data Jenis Kelamin

This study highlights how law can no longer be viewed from a single perspective in the era of globalization. Based on Werner Menski's triangular concept of legal pluralism, which combines the moral-ethical-religious, state, and societal perspectives, this research aims to reformulate the regulation of gender status change in the context of civil registration in Indonesia, ensuring greater legal certainty while grounding itself in religious moral considerations. A normative approach is applied in this study. The main findings reveal that the ratio legis of gender status change aims to protect and recognize the personal and legal status of every citizen. However, the relevance to Menski's triangle theory of legal pluralism is not yet fully reflected in the examination of applications at district courts. Hence, a legal reformulation of the Population Administration Law has become an urgent agenda.

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Publication Details

Journal
Tasyri Journal of Islamic Law
Published
2025-07-25
DOI
https://doi.org/10.53038/tsyr.v4i2.388
Primary Topic
Agricultural and Environmental Management
Type
article
Field-Weighted Citation Impact
0.00

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article

Reformulasi Perubahan Data Jenis Kelamin

Fitri Maulina Alviani, Nabil Nizam
Tasyri Journal of Islamic Law
Agricultural and Environmental Management
article

Reformulasi Perubahan Data Jenis Kelamin

Fitri Maulina Alviani, Nabil Nizam
article en

Abstract

This study highlights how law can no longer be viewed from a single perspective in the era of globalization. Based on Werner Menski's triangular concept of legal pluralism, which combines the moral-ethical-religious, state, and societal perspectives, this research aims to reformulate the regulation of gender status change in the context of civil registration in Indonesia, ensuring greater legal certainty while grounding itself in religious moral considerations. A normative approach is applied in this study. The main findings reveal that the ratio legis of gender status change aims to protect and recognize the personal and legal status of every citizen. However, the relevance to Menski's triangle theory of legal pluralism is not yet fully reflected in the examination of applications at district courts. Hence, a legal reformulation of the Population Administration Law has become an urgent agenda.

Tasyri Journal of Islamic LawVol. 4(2)
Sunan Kalijaga State Islamic University Yogyakarta (ID)
auDA Foundation
Openalex Percentile: Top 62%
Agricultural and Environmental Management
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