Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Enrichment: Journal of Multidisciplinary Research and Development
Azalia Rahma Utami
Faculty of Law, Universitas Padjadjaran, Indonesia
Humanities Economics, Econometrics & Finance Engineering Health Professions Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Sex change in multiple gender sufferers is associated with Islamic law and the Population Administration Law Azalia Rahma Utami; Djanuardi Djanuardi; Linda Rachmainy
Enrichment: Journal of Multidisciplinary Research and Development Vol. 1 No. 6 (2023): Enrichment: Journal of Multidisciplinary Research and Development
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/enrichment.v1i6.56

Abstract

Transsexuality and sex change remain sensitive issues in Indonesian society because legal recognition operates within religious, social, and population-administration frameworks. Not everyone is born with an unambiguous sex condition; some people experience ambiguous genitalia or sex ambiguity, referred to in Islamic jurisprudence as khuntsa. This study aims to determine the legal status of sex change for people with multiple gender conditions and its consequences for civil status from the perspectives of Islamic law and Law Number 23 of 2006 concerning Population Administration. The study uses a normative-juridical design based principally on primary, secondary, and supporting legal materials, with literature study as the main collection technique. Field interviews with the Registrar of the Bandung District Court Class IA, MUI Bandung City, and a urology specialist are used as supplementary information for understanding legal and medical practice. The analysis is descriptive-analytical by relating applicable regulations, legal doctrine, court practice, and Islamic-law provisions. The findings show that Article 56 paragraph (1) of the Population Administration Law provides an administrative and legal pathway for recording sex change after a District Court determination. Islamic law permits sex refinement for a person with multiple gender conditions (khuntsa) when it constitutes treatment, as reflected in Fatwa No. 03/MUNAS-VIII/MUI/2010. Consequently, civil-status recognition under positive law depends on court determination and civil registration, while Islamic-law consequences follow the permissibility of medically justified refinement. The study implies the need for legal clarity and consistent administrative procedures for affected individuals.
Co-Authors Djanuardi, Monica L. Linda Rachmainy