KEABSAHAN DAN AKIBAT HUKUM PERKAWINAN TRANSSEKSUAL

Abstract

The aims of this research are to study and analyze the legality of a marriage conducted by someone who has changed his sex (transsexual) and to study and analyze the legal consequence of a marriage conducted by someone who has changed his sex (transsexual). This is normative legal research, analyzed qualitatively, by using statute approach, conceptual approach, and case approach. The results of the research show that firstly, transsexual marriage without legality/ stipulation concerning change of sex decided by the District Court based on Article 2 paragraph (1) jo Article 1 of Act Number 1 of 1974 concerning Marrige is illegal because the change of the sex has not been legalized and the registry document has not been changed. While transsexual marriage in which the change of sex has been stipulated by the District Court is legal. Particularly transsexual for a Moslem, the law is illegal to change sex without medical reason, and thus the transsexual marriage is also illegal because it is considered as a marriage of the same sex. Secondly, the legal consequence of a transsexual marriage is that it is considered having non legality and without legalization of the change of sex by the District Court: a) the marriage is not registered (considered as unregistered), and b) the status of the sex at the time of the distribution of inheritance in the stipulation of the District Court is based on the status prior to the change of the sex. Keywords: