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All Journal BHIRAWA LAW JOURNAL Welfare State Jurnal Hukum
Qoyyima, Azrotul
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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Kepastian Hukum Perkawinan bagi Transeksual yang Melakukan Penyesuaian Alat Kelamin Pradayani, Santi; Qoyyima, Azrotul; Rato, Dominikus; Ohoiwutun, Y.A. Triana
Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i2.14551

Abstract

The dynamics of genital reconstruction create disparities in the rights of transsexual individuals to form families and the legitimacy of marriage in Indonesia for transsexual individuals who lack clarity under the Marriage Law. The methodology employed is normative legal research, analyzing applicable regulations and religious perspectives. The discussion encompasses an explanation of the position of transsexual individuals following gender reassignment surgery, which impacts the legitimacy of marriage for transsexual individuals who have undergone genital reconstruction, in accordance with religious law and the Marriage Law, as well as the legal implications of the marriages conducted. The analysis indicates that the six officially recognized religions in Indonesia tend to reject the legitimacy of transsexual marriages, viewing them as same-sex unions that violate religious norms. The legal implications for transsexual individuals vary: for those without medical indications, marriages are considered same-sex; whereas for those who undergo surgery to affirm their gender, marriages may be deemed valid. The conclusion reveals a dissonance between legal frameworks and social norms, as well as challenges faced by transsexual individuals in accessing equal marriage rights.
Perkawinan Anak Dan Hak Anak: Analisis Pencegahan Dari Perspektif Positivisme Qoyyima, Azrotul; Pradayani, Santi; Utami Wahyuningati, Syarifah Tri; Rato, Dominikus
WELFARE STATE Jurnal Hukum Vol. 4 No. 2 (2025): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i2.4150

Abstract

The prevalence of child marriage in Bondowoso Regency persists despite the existence of legal restrictions on the minimum age for marriage. This practice not only violates children's rights but also leads to various negative consequences.The formulation of issues in this research are: (1) What are the contributing factors to the high incidence of child marriage in Bondowoso Regency? (2) How does the positivist paradigm perceive the prevention of child marriage in Bondowoso Regency? This study employs a socio-legal method, combining legislative and conceptual approach. Primary data were obtained through interviews, while secondary data were collected from various literature reviews. The findings indicate that both internal and external factors contribute to the high rate of child marriage in the Bondowoso regency. From the positivist perspective, the Bondowoso Regency Government has undertaken preventive measures through legal and non-legal aspects. The study concludes that these efforts have shown positive outcomes; ; however, the involvement of all parties through collaborative governance is needed to implement comprehensive and sustainable child marriage prevention as a manifestation of the commitment to uphold children's rights.
Co-Authors Dominikus Rato Pradayani, Santi Utami Wahyuningati, Syarifah Tri Y.A. Triana Ohoiwutun, Y.A. Triana