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Zahrani, Sasi Kirana
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Kedudukan Ahli Waris Transgender dalam Sistem Hukum Waris Perdata di Indonesia Kusuma, Ni Luh Aristya Putri; Zahrani, Sasi Kirana
Jurnal Ragam Pengabdian Vol. 3 No. 2 (2026): Mei-Agustus, Sustainable Development Goals (SDGs): Multidisciplinary Perspectiv
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/ctryq429

Abstract

Indonesia recognizes three inheritance law systems, namely customary inheritance law, Islamic inheritance law, and civil inheritance law. Under civil inheritance law, inheritance occurs when there is a deceased person as the testator, heirs, and an estate that can be transferred to the heirs. However, the emergence of transgender individuals raises legal issues because the Civil Code (KUHPerdata) does not explicitly regulate the legal status and inheritance rights of transgender heirs. This condition may create legal uncertainty, particularly regarding the recognition of heir status and the proof of inheritance rights. This study aims to analyze the validity of transgender heirs within the perspective of Indonesian civil inheritance law. This research applies a normative legal method using statutory and conceptual approaches through an examination of the Civil Code, population administration regulations, legal doctrines, and court decisions. The findings indicate that transgender heirs retain inheritance rights as long as there is a valid blood relationship or marriage relationship with the deceased. The legal status of transgender individuals is determined based on civil registration documents following a court decision. Although inheritance rights remain attached, administrative and evidentiary issues may still lead to disputes; therefore, legal certainty through judicial proof is required to ensure equal legal protection.
Co-Authors Kusuma, Ni Luh Aristya Putri