Jurnal Ilmiah Hukum LEGALITY
Vol. 29 No. 2 (2021): September

Transgender viewed from the perspective of positive law, health, and cultures in Indonesia

Fifik Wiryani (Faculty of Law, University of Muhammadiyah Malang, Indonesia)
Nurul Ummah (Master of Law, University of Muhammadiyah Malang, Indonesia)
Mokhammad Najih (Faculty of Law, University of Muhammadiyah Malang, Indonesia)
Muhammad Nasser (Master of Law, University of Muhammadiyah Malang, Indonesia)
Nur Rohim Yunus (Faculty of Law, Gosudarstvenny Universitet Upravleniya (GUU) Moscow, Russia)



Article Info

Publish Date
08 Jul 2021

Abstract

Transgender people are seen as an abnormal minority group that bends the accepted sexual orientation against the cultures in Indonesia. This trend is also believed to be more prone to diseases. From the perspective of ius constitutum, transgender people are under different protection as set forth in Article 1 paragraph (3) of Law Number 39 of 1999 and Article 28 J of the 1945 Indonesian Constitution. However, the human rights governed are restricted to moral and religious, security, and public order rights. In the view of the positive law, in terms of health, every individual has the right to decide how they should live their life, but health is generally linked to diseases. When it comes to this matter, it can also be deemed inappropriate or deviant. Transgender people may be deprived of society, and they may have narrower room for their day-to-day activities such as mingling in religious activities and society, and even going to the restroom). This sexual tendency could also cause a serious disease like HIV/AIDS and irritate others due to their existence around them. In a different view, transgender people are recognized by the State that attempts to save them from conflicting thoughts of their existence. To conclude, being transgender is an inner disease existing in an individual. Although it is seen as normal by transgender people, this reality is still seen as discomfort by others.

Copyrights © 2021






Journal Info

Abbrev

legality

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international ...