Media of Law and Sharia
Vol. 4 No. 3: June 2023

Keabsahan Perkawinan Sejenis dalam Hukum Ketatanegaraan

Ega Permatadani (Universitas Muhammadiyah Surabaya)
Achmad Hariri (Universitas Muhammadiyah Surabaya)



Article Info

Publish Date
19 Jun 2023

Abstract

Same-sex marriage is currently the attention of the Indonesian people due to news and issues circulating on social media that spread quickly and become a hot topic among the people. Marriage itself in general can be interpreted as a sacred bond carried out by both parties (male-female). However, at this time there are some groups who hope to carry out this same-sex marriage or there are some groups who have carried out same-sex marriages and harm one other party without knowing the truth. The purpose of this study is to find out how legal a same-sex marriage is in Indonesia, as well as what consequences will be received if it violates the legal basis that already exists and applies in Indonesia. This study uses a normative juridical research method with a statute approach which refers to the concept of law as a rule and also uses legal doctrines which are then analyzed qualitatively and described in a descriptive form so that the subject matter is found in conformity with the normative provisions. The results of this study are that same-sex marriage cannot be carried out because it is not in accordance with existing legal rules and norms. The legality and legal consequences of same-sex marriage are clearly explained in the 1945 Constitution of the Republic of Indonesia, Law Number 23 of 2006 concerning Population Administration, Law Number 1 of 1974 concerning Marriage and the Criminal Code.

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Journal Info

Abbrev

mlsj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The scope of the writings published in the journal Media of law and Sharia covers all aspects of positive law, including sharia law in Indonesia: Criminal Law This scope contains regulations that determine what actions are prohibited and are included in criminal acts, as well as determine what ...