University Of Bengkulu Law Journal
Vol 5, No 2 (2020): OCTOBER

PERKAWINAN SESAMA JENIS DAN HAK ASASI MANUSIA: PENERAPAN PRINSIP EQUALITY DALAM PUTUSAN OBERGEFELL, et.al. v. HODGES, USA SERTA ANALISIS MENGENAI PERKAWINAN SESAMA JENIS DI INDONESIA

Holy K.M. Kalangit (Faculty of Law Universitas Indonesia)
Heru Susetyo (Faculty of Law Universitas Indonesia)



Article Info

Publish Date
31 Oct 2020

Abstract

AbstractThe ‘rights’ and ‘equality’ arguments have been widely used in the last couple of years by the same-sex marriage supporters in claiming the legalization of same-sex marriage. The principle of equality in same-sex marriage legalization claims is closely related with the concept of human rights on the ground that the principle of equality is considered as one of the most important principles in the said concept. The decision of the Supreme Court of the United States of America in Obergefell et al. v. Hodges, Director, Ohio Department of Health is the latest decision concerning the legalization of same-sex marriage that changes radically the legality of same-sex marriage in the United States and may affect other nations. This research analyzes the said Decision, specifically on the application of the principle of equality. This research also analyzes the same-sex marriage issue in Indonesia from the perspective of universality and cultural relativism of human rights. The conclusion of this research is that the principle of equality in the Decision of the Supreme Court of the United States of America was not correctly applied and therefore it cannot be used in the same-sex marriage claims. And in Indonesia, it can be concluded that from the perspective of universality and cultural relativism of human rights, same-sex marriage cannot be legalized.Keywords: human, rights, same-sex, marriage, equality, universality, cultural, relativism.

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Journal Info

Abbrev

ubelaj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

UBELAJ (University of Bengkulu Law Journal) aims to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Criminal Law, ...