STUDI KOMPARASI PERKAWINAN TRANSEKSUAL BERDASARKAN UNDANGUNDANG NOMOR 16 TAHUN 2019 TENTANG PERKAWINAN DENGAN HUKUM ISLAM

Abstract

Marriage is the implementation of the basic rights of man in developing himself and his offspring In
general a marriage is performed by a man and a woman, but in fact there are marriages performed by
transsexuals, it is contrary to Islamic law and becomes an urgency in the Marriage Law. This study aims
to examine the comparative study of transsexual marriages based on Law Number 16 of 2019 concerning
Marriage with Islamic Law. The type of research carried out is normative legal research, which is
research that examines document studies, meaning it is based on secondary data. Legal materials will be
compiled systematically, studied and then drawn a conclusion in relation to the problem under study.
Based on the results of research that in Islamic Law, marriages performed by transsexuals are marriages
whose laws are haram and their validity is not valid. Meanwhile, in Law Number 16 of 2019 concerning
Marriage in Article 2 paragraph (1) that religious law is a special rule of the validity of marriage. From
the view of Religion in Indonesia does not condone marriages carried out by transsexuals. The
transsexual status of the sex is to remain in accordance with the sex before performing sex reassignment
surgery, so the legal consequence of the purpose of marriage is that it cannot continue the offspring and
inheritance obtained based on the initial sex before the sex operation. For the government, it is better to
form regulations regarding marriages carried out by transsexuals, so that they can get legal certainty.
And for transsexualism it is good to consider its decision to perform sex reassignment surgery. Where this
will result in the validity and legal consequences caused by marriages carried out by transsexuals.
Keywords : Transsexual Marriage Comparison;Marriage Law and Islamic Law